Timor-Leste Tender

22-023P Timor-Leste Tender

April 5, 2024

Program: Food for Education

Country: Timor-Leste

Date: April 4, 2024

IFB Number: 22-023P

OGSM: FFE-472-2022/007-00

WBSCM Commodity Solicitation Number 2000010007 (AKA INV 044A)

WBSCM Freight Solicitation Number 2000010008

Issued By: Muller Shipping Corporation

On Behalf of: CARE

To determine lowest landed cost, all carriers are required to submit offers electronically for the cargoes advertised by this IFB 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.

The Web Based Supply Chain Management system can be accessed through the following website: http://www.usda.gov/wps/portal/usda/usdahome?navid=WBSCM&nbsp ;

Carriers must be assigned an 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

Freight offers are due no later than 10:00 a.m. U.S. Central Time (11:00 a.m. U.S. Eastern Time) April 11, 2024. Offers 'subject open' will not be considered.

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.

FAS will only consider firm offers in response to its tenders for bids under its programs. Offers “subject to” specifications or including conditions that are not set forth in the tender will be considered as unresponsive and will not be given consideration. If a carrier’s intention is to make an offer combining cargoes under FAS and USAID programs, such an offer must be submitted in accordance with the freight tender as a separate firm offer. WBSCM offers must include language in the Offeror’s “Remarks” section indicating that the rate offered is valid only if the cargoes are combined.

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.

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. Offers from NVOCCs will be considered non-responsive.

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.

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 .

CARGO DESCRIPTION:

Sales Order Nos.: 5000916997

(AA) Up to 270 MT Milled Rice, 50 Kg bags

(BB) Up to 180 MT Pinto Beans, 50 Kg bags

(CC) Up to 70 MT Veg Oil, 6/4-L Tins **CC

**CC: Palletization and stretch wrapping of veg oil is required in accordance with the USAID Notice to the Trade dated May 18, 2020 https://procurement.usaid.gov/node/7161 . Carriers are advised to review this Notice for container stowage consideration and planning. Proper blocking and bracing required for veg oil after loading in containers to avoid shifting en route.

REQUIREMENTS FOR ALL COMMODITIES:

1. Containerization required for all commodities, cost to be included in freight rates offered.

2. Delivery: Dili, Timor-Leste

(a) BN Delivery Terms: 2.(A)(ii) with 20 days free time

(b) Free Time at Dili: 20 calendar days free time on containers and other equipment and on port terminal and/or alternate CY facility required at Dili. See additional free time requirements below.

The carrier is responsible for cargo security and integrity while in the carrier’s care and custody. All necessary security measures must be taken to insure safe arrival at the final destination.

Any cargoes found to be infested while in the carrier’s care and custody must be fumigated at carrier’s time, risk, and expense. Time from when commodities are determined to be infested until the completion of fumigation, aeration and re-inspection confirming commodities to be free of infestation will not count towards the free time requirements.

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.

ADDITIONAL REQUIREMENTS FOR BAGGED COMMODITIES:

1. Empty bags (5%) will accompany commodity for rice and beans, with freight rates offered on the commodity to include all costs for receiving/carriage/loading/unloading of the empty bags.

2. Carrier to arrange and pay for fumigation of all bagged cargo and to provide certificate of fumigation. All expenses for fumigation for carrier’s account. Due to the anticipated lengthy transit time from the U.S. load port to Dili, fumigation must be performed as close to the vessel loading date as is practicable and fumigators should be advised of the projected transit time in order to assure dosage levels are adequate. Fumigation to be performed in compliance with latest notices and revisions issued by the USG. For additional information see https://fas.usda.gov/ocean-freight-tenders and https://www.usaid.gov/procurement-announcements?category=42261 .

3. CAPIT protocol required for pinto beans AND rice. Customs clearance estimated at 20 days.

Notice to the Trade dated 4/15/2009 - Container Loading Protocol- High Moisture Commodities Program, (CAPIT) is fully incorporated into this solicitation and is required for all shipments of beans.

Carrier must provide the rate per gross metric ton for CAPIT protocol in the "other" bid price in WBSCM. At time of awarding cargo, Carrier must provide the name and contact number of the carrier’s appointed loading contractor.

At time of loading carrier must confirm the amount of desiccant used for each container. This information must be provided in writing.

For more information on container load protocol, please visit:

https://procurement.usaid.gov/topic/notice-trade-%E2%80%93-container-loading-protocol-high-moisture-commodities

SPECIAL REQUIREMENTS:

LDA: Loading Delay Assessment (LDA) to apply as per BN Part II clause 15, basis $1.00 per ton per day.

Cargoes are offered basis containerized service only.

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 provided at the time of booking cargoes that the vessel is estimated to arrive at the loading port, as specified in the US Aid 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.

ADDITIONAL TERMS AND CONDITIONS:

1. Offered and booked rates are to be all-inclusive and stated 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, destination bagging, stripping/stacking charges at final destination and CAPIT or other special services as applicable. Carriers who do not submit all-inclusive rates will be considered non-responsive. No minimum bill of lading quantities or charges or minimum container quantities or charges to apply.

2. Evaluation and contract award: offers which do not comply with the requirements of this IFB will not be considered. Offers must include full particulars demonstrating the willingness and ability to meet these requirements. The shipper reserves the right to award without discussions. Award(s) will be to the lowest responsive offerer meeting the requirements of this IFB.

3. Prior to cargo booking awards, Offerer will be required to provide named vessel(s) with reasonable and acceptable loading schedules and transit times. For vessels not in a regularly scheduled liner service, this to include vessel’s current position and full itinerary from date of booking until arrival at the port of discharge (or place of final delivery if beyond the discharge port). Carrier also to provide full particulars on vessel owner's company including officers, address and bank reference (unless already on file).

4. For single-bottom offers, non-U.S. flag vessels must be registered in Lloyds or equivalent and must not be more than fifteen (15) years old (from date of original construction). Any extra insurance on cargo and/or freight as a result of Vessel's age, class, type, flag, or ownership to be for Owners' account. Any documentary evidence of overage premium waivers or reductions is to be furnished with offer. Actual and anticipated War Risks insurance premiums to be included in freight offers. Owners bear the risk of any subsequent increase in War Risks premiums.

5. All vessel substitutions must be vetted through the USDA/Foreign Agricultural Service (FAS) and approved by the Shipper and FAS, as applicable, and cargo shall not be loaded into unapproved substitute vessels. The proposed substitute vessel must be of the same service category 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…

6. All carriers awarded cargoes to any destination will be required to cooperate with Receiver’s surveyors and to allow surveyors access to cargoes.

7. 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. Commingling of packages from separate WBSCM Purchase Orders into a single container is prohibited.

8. Bills of Lading to be issued marked “freight payable as per freight contract” or "Freight payable per Booking Note". Freighted bills of lading will be required for freight payment purposes. Ocean carrier shall release clean original ocean bills of lading promptly upon completion of loading. Claused bills of lading are not acceptable. Bills of lading must not contain any clause such as "said to contain", "shippers’ load and count" or words of similar effect.

9. Freight payment shall be processed through the WBSCM system and paid by USDA. 100% freight due upon completion of delivery at Dili

10. 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. For any commodities allocated basis intermodal supplier’s plant, vessel owners must comply with supplier’s load and capacity capabilities. The last sentence of Booking Note Part II, clause 1 (C) is not applicable.

Carriers are encouraged to offer on any/all U.S. Port "FAS points" and U.S. Intermodal points as listed on the USDA “Approved Ports/Terminals” and form KC-362 in effect at the time of offering. Offers basis Intermodal-Plant or Intermodal-Bridge to indicate intended means of conveyance to be placed at supplier’s door for each “R” or “B” point offered. This information to be included in WBSCM Free Form Remarks.

Anticipated U.S. Port FAS delivery dates and the potential shipment periods for bids at plant or bridge locations can be found in the commodity solicitation. The availability/at port and shipment periods are the contractual requirement of the commodity supplier(s). For delivery basis intermodal plant and bridge successful ocean carriers are encouraged to coordinate with the commodity supplier(s) to ensure a smooth loading and/or transfer operation.

If the Carrier fails to comply with supplier’s load capabilities, any costs incurred by CCC including, but not limited to, carrying charges, liquidated damages, and storage, will be for the vessel’s account. If containers/railcars/trucks are placed at the supplier’s plant, carrier must ensure that containers/ railcars/trucks are placed at the plant by the commencement of the supplier’s shipping period and supply containers/railcars/trucks on a continuous basis until the supplier fulfills his contract quantity. Carriers are responsible to offer only for vendors who match owners’ capabilities. Carriers are encouraged to refer to KC-362 for the list of plant locations and capabilities. If supplier fails to provide commodity for loading during the specified shipping period (or beyond allowable free time) demurrage, if any, will be for account of supplier.

EXPANSION OF TERMINAL DESIGNATIONS WITHIN THE PORT OF HOUSTON, TEXAS

Effective with Title II Invitation 028 issued on January 23, 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. Offerers 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 http://www.usaid.gov/business/ocean/notices/.&nbsp ; A complete list of delivery/bid point codes, including the new Houston delivery/bid point codes, is available at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas-ex-…

Carriers awarded cargo bookings will be required to provide an acceptable vessel loading schedule and to receive cargoes in accordance with USDA-supplier contractual shipping dates and delivery terms. For delivery basis intermodal plant and bridge, offerors are encouraged to coordinate with the commodity vendor to ensure a smooth loading operation and must comply with supplier’s load and capacity capabilities.

11. In keeping with U.S. Customs enforced compliance program for outbound documentation, carriers are hereby notified that any assessments against the shipper/cargo interests due in whole or in part to delay by carrier in verifying final load count and providing same to Muller Shipping Corporation, or for loading on a vessel ahead of the booked schedule without prior approval and notification to Muller will be solely for carrier’s account.

12. Commodities covered by this IFB must be inspected by APHIS/PPQ or other such authorities prior to loading so that a Phytosanitary Certificate can be issued. Such inspection must take place not more than thirty (30) days prior to the cargo being loaded aboard the vessel at the port of export. Carriers intending to unitize cargoes in a way that will prohibit or restrict inspections without sustaining additional costs will be required to bear all such additional expenses if this is done before inspections are effected or if cargoes are not loaded on-board a vessel within the period specified above following inspection.

13. Vessel Loading Observation (VLO) inspection as per the USDA/KCCO required and to be arranged and coordinated by Carrier with the designated inspection company. See Booking Note Part II for additional information.

14. SOLAS/VGM: The International Maritime Organization (IMO) 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, called the Verified Gross Mass (VGM). This global requirement is effective on July 1, 2016. After this date, it will 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 VGM for each container. Ocean carriers offering container service, whether containerized for carrier convenience or containerizing to fulfill tender requirements, are responsible to engage in a weighing service, at the carrier’s time/risk/expense, to determine the VGM. It is the ocean carrier's responsibility to enter the VGM into their system and provide the VGM to the marine terminal operator, within all VGM deadlines. Any costs incurred due to late or inaccurate VGM submission, are for the ocean carrier’s account. For further information: http://www.imo.org/en/OurWork/Safety/Cargoes/Containers/Pages/Verificat…

15. Provisions applicable to all Free Time requirements herein unless otherwise indicated: Free Time will not commence until a consignment is completely off-loaded from the vessel and available to receivers with all Carrier requirements completed. The contracted Free Time is to include all costs for storing the commodities at a suitable facility, including marine containers and related equipment when applicable, as well as all warehousing costs/terminal storage/ground rent charges, however so described, and any movement and handling of equipment and commodities during the Free Time period. Any charges beyond the Free Time are to be handled in accordance with Booking Note Part II Clause 13. If a Container Freight Station (CFS) or an off-dock facility is utilized at carrier's request or option, any commodities or containers moved to/from such facility will be done at the time, risk and expense of the Carrier.

16. Total commissions 1.67% on gross freight / dead-freight is payable to Charterer's agent / Freight Forwarder, Muller Shipping Corporation. See Notice to the Trade at: https://apps.fas.usda.gov/excredits/Trade-Notice-Dated-1-16-2018.htm

17. BN Part II Clause 27.(A) [Arbitration] to be applicable to any contract(s) awarded under this RFP on behalf of CARE.

18. Except to the extent as provided above, all awards under this IFB, will be subject to the terms and conditions of Part II of the U.S. Food Aid Booking Note dated November 1, 2004 which are fully incorporated herein. A copy of these terms and conditions may be obtained from https://www.usaid.gov/node/489701 . For further information call 516-256-7700.

END OF FREIGHT TENDER