Laos Freight Tender for Catholic Relief Services (CRS)

21-037P Laos Tender

February 9, 2024

LIFELINK LOGISTICS issues freight tender for Catholic Relief Services (CRS)

IFB NO. 21-037P (Inv. 024A)
WBSCM Freight Solicitation Number 2000009909
WBSCM Commodity Solicitation Number 2000009908
Dated February 9, 2024
Issued by LIFELINK LOGISTICS, Middleburg Heights, Ohio
On behalf of Catholic Relief Services
For carriage of Food for Education commodities as follows:

Only firm and non-contingent Offers will be accepted from all U.S. and foreign flag
carriers. Offers with subjects may be rejected. All freight proposals will be
evaluated on the rates submitted in WBSCM. Free form remarks are not evaluated and
are for informational purposes only and to cover optional ports, optional discharge
rates, etc.

When submitting a freight proposal in WBSCM, the Carrier confirms their proposal
is firm and in agreement with the terms and conditions of the freight
solicitation(s). In the event a Carrier submits a freight proposal and withdraws
the proposal after USDA receives and awards the commodity offers, the Carrier
shall be responsible for all expenses resulting from the withdrawal including,
but not limited to, re-procurement costs and additional freight costs.

SUBMISSION OF FREIGHT OFFERS:
To determine lowest landed cost, all carriers are required to submit offers
electronically for the cargoes advertised by this RFP via the U.S. Department
of Agriculture (USDA) Web Based Supply Chain Management (WBSCM) system for the
Solicitation Number(s) referenced above. All offers are subject to all requirements
of WBSCM and of the afore-mentioned Solicitation(s), including the deadline(s)
for submission of bids therein.

As applicable in cases when a fair and reasonable guideline rate determination will
be made by the Maritime Administration (MARAD), and in accordance with Title 46 Part
382.2(a) of the Code of Federal Regulations, failure of a vessel operator to submit
the required cost data will result in MARAD being unable to construct the guideline
rate for the affected vessel, which may result in such vessel not being approved by
the sponsoring Federal agency.

Freight offers are due no later than --- 10:00 am Central Time (11:00 am Eastern
Time), 16 February, 2024 ---.

The Web Based Supply Chain Management system can be accessed through the following
website:

http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM

Carriers must be assigned a USDA eAuthentication logon ID and password to access
the WBSCM system. Contact the WBSCM Help Desk for information regarding logon
IDs, passwords, and WBSCM system questions or concerns:

Telephone: (877) 927-2648
E-mail: WBSCM.servicedesk@CACI.com

CARGO UNDER SALES ORDER NO. 5000893545:

AA: CRS-LA-01 SEE NOTE 1
CARGO: 250 NMT RICE, 5/20 LG, W-MLD, FORT, BAG-50KG
PLUS 2% EMPTY 50 KG BAGS SHIPPED FREIGHT FREE
DISPORT: SAVANNAKHET THRU BL VIA BANGKOK/LAEM CHABANG
FUMIGATION: REQUIRED
DISCHARGE/DELIVERY: PER US FOOD AID BOOKING NOTE SECTION 2.C.i
LDA: YES, NON-URGENT
LOADPORT AVAILABILITY: 05/05/24

BB: CRS-LA-02 SEE NOTE 1
CARGO: 30 NMT OIL, VEGETABLE CAN-6/4L
PLUS 3% EMPTY CARDBOARD CARTONS SHIPPED FREIGHT FREE
DISPORT: SAVANNAKHET THRU BL VIA BANGKOK/LAEM CHABANG
FUMIGATION: NOT APPLICABLE
DISCHARGE/DELIVERY: PER US FOOD AID BOOKING NOTE SECTION 2.C.i
LDA: YES, NON-URGENT
LOADPORT AVAILABILITY: 05/05/24

CC: CRS-LA-03 SEE NOTE 1
CARGO: 70 NMT LENTILS, BAG-50KG
PLUS 2% EMPTY 50 KG BAGS SHIPPED FREIGHT FREE
DISPORT: SAVANNAKHET THRU BL VIA BANGKOK/LAEM CHABANG
FUMIGATION: REQUIRED
DISCHARGE/DELIVERY: PER US FOOD AID BOOKING NOTE SECTION 2.C.i
LDA: YES, NON-URGENT
LOADPORT AVAILABILITY: 05/05/24

Effective July 1, 2016, the International Maritime Organization (IMO) has
amended the Safety of Life at Sea Convention (SOLAS) to require, as a condition
for loading a packed container onto a ship for export, that the container
has a verified gross weight (VGM). The SOLAS requirement, states the shipper is
responsible for the verification of the packed container’s weight; however,
in most instances Food Aid cargo is containerized at Carrier’s time, risk
and expense.

Therefore, the Carrier is required to provide the Verified Gross Mass (VGM) of
each container, whether required containerization or for Carrier’s convenience,
directly to the master or his representative and to the marine terminal operator
sufficiently in advance via the appropriate platform. All responsibility and
costs for VGM will for be the Carrier’s account and should be included in the
freight offer. In addition the carrier agrees to hold CRS harmless of any
liability for an VGM that is not accurately reported.

If accurate & timely VGM is not provided to above parties, any & all liability,
delays or costs will be for Carrier’s account. After the effective date, it
would be a violation of SOLAS to load a packed container onto a vessel if the
vessel operator and marine terminal operator do not have a verified container
weight.

The SOLAS amendments provide that there are two methods that may be used to
determine the container weight once the container packing process has taken
place.
1. weighing the packed container; or
2. weighing all packages and cargo items, including the mass of pallets, dunnage
and other securing material to be packed in the container and adding the tare mass
of the container to the sum of the single masses, using a certified method approved
by the competent authority of the State in which packing of the container was
completed.

For further information:
http://www.imo.org/en/OurWork/Safety/Cargoes/Containers/Pages/Verificat… -
gross-mass.aspx

In awarding cargo under this freight tender, USDA/FAS will consider factors
including lowest-landed cost and the impact of any potential award on FAS's
ability to satisfy the requirements of statutes and regulations including the
Cargo Preference Act. There have been significant changes to the Cargo Preference
legislation. Offerors are encouraged to review the FAS notice on the same, available
at: http://www.fas.usda.gov/excredits/ifb/default.htm .

FOR ALL CRS CARGOES. CARRIER'S ARE ENCOURAGED TO OFFER ON
ANY/ALL "FAS POINTS" AND "BRIDGE POINTS" AS LISTED ON THE USDA
DOCUMENTS "APPROVED PORTS/TERMINALS" AND FORM KC-362. LOADING
USDA APPROVED PORTS/PLANTS/BRIDGES AS PER KC-362 AVAILABILITY
AS PROVIDED ABOVE BASIS FAS LOAD PORT.(PLEASE REFER TO ACTUAL
COMMODITY IFB FOR POTENTIAL SHIPPING PERIODS BASIS PLANT BRIDGE
DESTINATIONS).

FOR DELIVERY BASIS INTERMODAL PLANT AND BRIDGE, OFFERORS ARE
ENCOURAGED TO COORDINATE WITH VENDOR TO ENSURE SMOOTH
LOADING OPERATION.

***EXCEPT TO THE EXTENT AS PROVIDED IN THE FREIGHT TENDERS, ALL AWARDS UNDER
THIS IFB WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE U.S. FOOD AID
BOOKING NOTE DATED NOVEMBER 1, 2004 WHICH IS FULLY INCORPORATED HEREIN.
COPIES OF THIS BOOKING NOTE MAY BE OBTAINED FROM THE USAID WEBSITE AT
https://procurement.usaid.gov/usaid-procurement-announcements/notices-t…

Approved Exceptions to Standard US Food AID Booking Note Terms, Procedures
and Formats and other special terms and conditions (These items will apply to
above cargo, unless specified otherwise):

Full Liner Berth Terms, All Inclusive. No Demurrage - No Dispatch - No Detention

Rates offered to be all inclusive and quoted in US Dollars per gross metric ton.
All-inclusive rates which include costs for services other than port to port ocean
transportation must include a breakdown of the ocean charge component and each
of the following other charges, as applicable: domestic inland transportation,
foreign inland transportation, fumigation or destination bagging, and special
requirements for container load protocol (if applicable). No minimum bill of
lading quantities or charges or minimum container quantities or charges to apply.
Carrier's who do not submit all-inclusive rates as outlined above will be
considered non-responsive.

- SINGLE BOTTOM SERVICE OFFER MUST INCLUDE VESSEL ITINERARY
IN THE REMARKS SECTION.
- REGULAR LINER SERVICE OFFER MUST INCLUDE FREQUENCY/
ROUTING/TRANSIT TIME IN THE REMARKS SECTION.

For all parcels, please refer to Clause 14 of Booking Guidelines for Notice requirements.

For all offers, Carrier must acknowledge in the remarks section of WBSCM all
country specific requirements when submitting offer; otherwise offer will be
considered NON-RESPONSIVE.
**Confirm empty bags and cartons will ship with commodity freight free.

Carrier must confirm in the remarks section of WBSCM they will include the below
statement(s) on Bill(s) of Lading; otherwise offer will be considered NON-RESPONSIVE:
- If cargo is containerized for Carrier's convenience, any/all additional cost at
destination due to containerization, including devanning or stripping into warehouse
& THC is for Carrier account.
- "Freight Prepaid" or "Freight Payable per Booking Note".

LOAD TERMS: Cargo to be delivered to Carrier FAS Vessel or bridge point at the
specified load port, and loaded at Carrier's time, risk and expense with no
demurrage/no despatch/ no detention.

DISCHARGE TERMS: Cargo to be discharged at Carrier's time, risk and expense, and
delivered in Carrier's conveyance to the door of the Receiver's/Consignee's
warehouse(s)located outside the port area, with no demurrage/ no despatch/
no detention - per U.S. Food Aid Booking Note Sec. 2.(C)(i)

Should cargo be containerized for carrier convenience, any/all additional cost at
destination due to containerization including devanning or stripping into warehouse
and THC is for carrier account.

Container demurrage/detention shall be in accordance with the carrier container
demurrage/detention rates, but shall not exceed $10 per container per day or as per
carrier tariff rate, whichever is lowest cost per day/per container.

Central America/Caribbean Barge Clause:

If a barge is offered for service, it must be of such a type to adequately protect
the cargo, either by design, such as a house or multi-deck barge, or by use of
permanent bin walls, provided the commodity is containerized.

TRANSATLANTIC BARGE CLAUSE:

TOWED BARGES WILL BE CONSIDERED IN THE TRANSATLANTIC TRADE
PROVIDED ALL CARGO IS CONTAINERIZED AND STOWED UNDER DECK.
TO QUALIFY AS “UNDER DECK” STOWAGE,THE CONTAINERS MUST BE
STOWED IN A HOLD OR COMPARTMENT BELOW THE WEATHER DECK
CAPABLE OF BEING VENTILATED AND ALLOTTED ENTIRELY TO THE
CARRIAGE OF CARGO. IT MUST BE BOUND BY PERMANENT DECKS
AND BULKHEADS OR THE SHELL OF THE VESSEL, COMPLETELY
PROTECTED FROM SALT SPRAY AND WEATHER ELEMENTS. NO
OTHER STOWAGE ARRANGEMENT WILL BE CONSIDERED UNLESS
THE CARRIER HAS RECEIVED WRITTEN NOTIFICATION FROM THE
SHIPPER(S) AND USDA PROVIDING APPROVAL FOR A SPECIFIC
VESSEL PRIOR TO THAT VESSEL PARTICIPATING IN ANY FOOD
FOR PROGRESS AND MCGOVERN DOLE INTERNATIONAL FOOD
FOR EDUCATION AND CHILD NUTRITION TRANSATLANTIC FOOD
AID SHIPMENTS.

For ALL CRS CARGOES. Owners and/or their agents must return signed Bills of Lading
and related documents to LifeLink Logistics within 48 hours (2 business days) after
receipt of masters at Owners and/or their agents expense. Rates offered to
be all-inclusive and displayed on a per metric ton basis on all rated Bills of
Lading as per Booking Guideline Section 18. Bills Of Lading must state "Freight
Prepaid" or "Freight Payable per Booking Note."

For All CRS Cargoes. Owners and/or their agents must return signed Booking Note to
LifeLink Logistics within 10 business days of receipt.

LAOS Cargo. CRS prefers Bangkok and/or Laem Chabang to be used as discharge port.
Prefer all cargo to arrive on one vessel (no split shipments). Cargo to be
delivered on thru BL to CRS designated warehouse in Savannakhet, subject to
change. See below address:

Kilometer 11
Road to SENO
Dongnakham Village,
Kalsonephomvihan District
Savannakhet Province.

For all Laos cargo, carrier to provide written notification to LifeLink Logistics
of nominated Discharge Agent in Thailand and Transit and/or Cross Border Clearing
Agent at least 2 weeks (10 working days) prior to the vessel's arrival at Bangkok
and/or Laem Chabang.

The Carrier must provide one (1) signed copy of the FGIS Container Condition
Inspection Certificate attesting to the satisfactory condition of containers
prior to loading cargoes.

**Phosphine fumigant to be used for all shipments. Sulfuryl Floride not allowed
in Laos.**

Vessel Loading observation requirements and procedures, as per The U.S. Department
of Agriculture Kansas City Commodity Office’s notice to the trade of May 5, 2000,
is hereby incorporated. A copy of which can be furnished upon request.

Bill of Lading integrity is to be maintained at all times while in the carrier's
custody and control, assuring that individual ocean bill of lading quantities
are not commingled.

All vessel substitution requests must be reviewed by USDA. The proposed substitute
vessel should be of the same type as the originally awarded vessel. This applies to
both U.S. and foreign flag vessel substitutions. The proposed substitute vessel must
also appear on the applicable Maritime Administration U.S. or foreign flag vessel
list which can be accessed using the following URL:

http://www.marad.dot.gov/ships_shipping_landing_page/cargo_preference/c…
humanitarian_assistance/cargo_human_assistance_reports/Humanitarian_Food_Aid_Reports.htm

Vessel substitutions must be approved by the Shipper and USDA, as applicable, and
cargo shall not be loaded into unapproved substitute vessels.

In keeping with U.S. Customs enforced compliance program for outbound documentation,
carriers are hereby notified that any assessments against the cargo due in whole or
in part to delay by carrier in verifying final load count, and providing same to
LifeLink Logistics, will be solely for carrier’s account.

CRS RESERVES THE RIGHT TO REQUIRE VESSEL OWNER/OPERATOR TO POST A
PERFORMANCE BOND. SAID BOND TO BE IN THE FORM OF A CERTIFIED CHECK
ONLY, DRAWN ON A U.S. BANK, EQUIVALENT TO 5 PERCENT OF THE GROSS OCEAN
FREIGHT. THE CHECK MUST BE MADE OUT IN FAVOR OF CRS. AS NEGOTIATED, THE
PERFORMANCE BOND WILL BE GOOD THROUGH FINAL U.S. LOAD PORT; OR GOOD
THROUGH FINAL DISCHARGE PORT; OR INLAND DESTINATION. SAID BOND IS DUE
WITHIN FIVE (5) WORKING DAYS OF CONFIRMATION OF BOOKING, FAILURE TO DO SO
WILL VOID THE CONTRACT. AS APPLICABLE, SAID BOND WILL BE RETURNED UPON
RECEIPT OF WRITTEN NOTICE THAT ALL AVAILABLE CARGOES HAVE BEEN LOADED
AT U.S. PORT; OR THAT ALL CARGOES HAVE BEEN DELIVERED TO FINAL DISPORT
OR INLAND DESTINATION POINT.

Loading Delay Assessment (LDA) applicable when specified in above cargo details.

Note 1: The Shipper will impose a Loading Delay Assessment (LDA) for each and every
day beyond the contracted load date that the Carrier has failed to load the cargo
aboard a vessel. The contracted load date is defined as the date that the vessel
is estimated to arrive at the loading port, as specified in the US Food Aid
Booking Note Part I, plus a ten (10) day grace period. LDA shall be US $1.00 per
metric ton per day or pro-rata, to be deducted from ocean freight payment.

Application of LDA’s will be specific to CRS cargo.

FREIGHT PAYMENT SHALL BE PROCESSED THRU THE WBSCM SYSTEM AND PAID BY USDA.
60% OF THRU B/L FREIGHT PAYABLE UPON ARRIVAL AT THE DISCHARGE PORT.
40% OF FREIGHT PAYABLE UPON COMPLETION OF DELIVERY TO THE FINAL INLAND
WAREHOUSE(S).

Offers from NVOCCs will be considered non-responsive.

***NOTICE TO THE TRADE***

FAS Notice to the Trade issued February 16, 2023 – Cargo Fumigation Requiements and
Prohibition of Methyl Bromide as a Fumigant in International Food Assistance Programs
is fully incorporated into this freight tender / solicitation.
https://fas.usda.gov/sites/default/files/2023-02/fumigation_protocols_a…
_notice_to_trade-2-16-23.docx

Notice to the Trade issued February 8, 2023 - REVISED Pre-treatment of Containers for carrying
packaged Food Aid Cargoes is fully incorporated into this freight tender / solicitation.
https://fas.usda.gov/sites/default/files/2023-03/pretreatment_of_contai…

Notice to the Trade issued April 27, 2023 - Bag - Stowage in Containers is fully incorporated into
this freight tender / solicitation.
https://fas.usda.gov/sites/default/files/2023-05/bag_stowage_in_contain…

For offers submitted through the electronic Web-Based Supply Chain Management
(WBSCM) system, one of the statements below must appear in the Free Form Remarks
Section for each offer submitted.

1. This freight proposal, whether successful or unsuccessful, contains trade secrets
or commercial financial information which are privileged and confidential and exempt
from disclosure under the Freedom of Information Act, 5 U.S.C. Section 552.
Furthermore, this information is prohibited from disclosure under the Trade
Secrets Act, 18 U.S.C. Section 1905.

-- OR --

2. This freight proposal, whether successful or unsuccessful, may, in the future,
be made public or released under a FOIA request."

Notice to the Trade dated April 5, 2017- Ocean Carrier Charges and Oversees Offices
or Agents is fully incorporated into this IFB.

EXPANSION OF TERMINAL DESIGNATIONS WITHIN THE PORT OF HOUSTON, TEXAS

Effective with Title II Invitation 028 issued on February 20, 2008, the Notice to
the Trade EOD-150 (Pilot Program for Load Port Surveys and Processed Commodity
Bidding Basis Houston, Texas) is cancelled. USAID Notice to the Trade dated
April 5, 2006 “F.A.S. Allocated Commodities at Houston and Jacinto” is also
rescinded. This means that beginning with INV 028, Houston will no longer be
available as an approved delivery point. Offerors must select terminals within
the Port of Houston as listed in Notice to the Trade: Expansion of Terminal
Designations Within The Port Of Houston, Texas. The notice is posted on the
USAID Ocean Notices website at
https://procurement.usaid.gov/usaid-procurement-announcements/notices-t… .
A complete list of delivery/bid point codes, including the new Houston
delivery/bid point codes, is available at:
https://apps.fas.usda.gov/excredits/ifb/default.htm#notices

Commodity, load port and intermodal point abbreviations as per USDA form KC-362.
Delivery terms per USDA Notice to the Trade of April 5, 1995.

1) All offers MUST include ETA loadport, ETS loadport, and ETA destination, along
with routing information. Other requirements or pertinent information:
A. Vessel’s itinerary and current position.
B. Full particulars on vessel owner’s company including officers, address and bank
references.
C. Voyage number for vessel being offered.

2) Commodity supplier delivery terms, origin points and specific shipping dates will
not be known until commodities are purchased. All cargo's availability date at
loadport will be 05/05/2024. Depending on the commodity suppliers elected shipping
dates, cargo can start shipping out as early as 03/16/2024. Carriers will be
required to receive cargo in accordance with USDA suppliers contractual shipping
dates and delivery terms. The potential shipping periods for bids at the plant
or bridge point locations can be found in the commodity solicitation.

3) Commission: 1.67% on gross freight / dead-freight is payable to Charterer's
agent / Freight Forwarder, LifeLink Logistics. See Notice to the Trade at:
https://apps.fas.usda.gov/excredits/Trade-Notice-Dated-1-16-2018.htm

4) Evaluation and contract award: offers which do not comply with mandatory
requirements of this IFB, including but not limited to the minimums and maximums
specified above, will not be considered. Offers must include full particulars
demonstrating the willingness and ability to meet these requirements. Catholic
Relief Services reserves the right to award without discussions with USDA
approval. Award will be to the lowest responsible offeror meeting the mandatory
requirements of this IFB.

5) Contract Terms: Except to the extent provided above, this IFB is subject to the
standard US Food Aid Booking Note (INCLUDING ANY AND ALL AMENDMENTS AND
ATTACHMENTS), which are fully incorporated herein. Copies of these guidelines
may be obtained from USAID website, https://procurement.usaid.gov/usaid-procurement
-announcements/notices-trade