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04-052B Sept 30, 2004
Award


Country: Ecuador
Program: Food for Progress IFB EC-ACDI-FFP-04-052B
Shipper: ACDI
Cargo: 21,000 MT Wheat in bulk MIN/MAX
Approved part cargo: None
Loadport: 1/2 SB Each, 1 SP USG
Disport: 1/3 SB Each, 1/2 SP Guayaquil (including Rio Guayas) A/O Manta, Ecuador.
Laycan: November 15 – November 25, 2004
Vessel: MV Overseas Marilyn
Flag: U.S.
Owners: Ocean Bulk Ships, Inc.
Freight Rate: $52.93/MT Basis 1:1
One-way rate: $ 43.28/MT
Plus: $2.35/MT for second LP, if used.
Plus: $0.65/MT for loading Miss River.
Plus: $1.45/MT for additional discharge port, if used.
Plus: $0.40/MT for discharge at Guayaquil
Fumigation: As required per tender/CP.
Terms: Scale Gross Load at LP/Free Out at discharge.

For further information contact Muller Shipping Corp. 516-256-7700 (New York)


04-052B Revised Amendment 2
Sept 24, 2004

Freight Tender – Revised Amendment (cost of bulk discharge deleted) and posted.

ACDI/VOCA Ecuador Food for Progress Program

Amendment to Invitation for Bid EC-ACDI-FFP-04-052-B

September 22, 2004

Muller Shipping Corporation, New York, for and on behalf of ACDI/VOCA, amends freight tender released September 21, 2004 as follows:

Amendment No. 2

Clause 4 hereby amended to read as follows:

4.  Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight per MT for additional load and/or discharge ports, if used.  Freight rate quotations must provide per metric ton breakdown of rates for:  a) Ocean transportation; b) Cost of lightening if applicable to offer.

End of Amendment

All other terms to the tender as previously amended remain the same.

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

04-052B Amendment 2
Sept 24, 2004

Freight Tender

ACDI/VOCA Ecuador Food for Progress Program

Amendment to Invitation for Bid EC-ACDI-FFP-04-052-B

September 22, 2004

Muller Shipping Corporation, New York, for and on behalf of ACDI/VOCA, amends freight tender released September 21, 2004 as follows:

Amendment No. 2

Clause 4 hereby amended to read as follows:

4.  Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight per MT for additional load and/or discharge ports, if used.  Freight rate quotations must provide per metric ton breakdown of rates for:  a) Ocean transportation; b) Bulk discharge; and c) Cost of lightening if applicable to offer.

End of Amendment

All other terms to the tender as previously amended remain the same.

For further information contact Muller Shipping Corp. 516-256-7700 (New York)



04-052B September 22, 2004
Amendment #1

Freight Tender
ACDI/VOCA Ecuador Food for Progress Program
Amendment to Invitation for Bid EC-ACDI-FFP-04-052-B
September 22, 2004

Muller Shipping Corporation, New York, for and on behalf of ACDI/VOCA,
amends freight tender released September 21, 2004 as follows:

Amendment No. 1

Clause 24.

Offers to be received by Muller Shipping Corporation by sealed letter, telex or telefax not later than 1100 hours New York Time September 24, 2004 for validity 1700 hours New York Time September 29, 2004. No phone or verbal offers will be accepted. ACDI/VOCA reserves the right to accept or reject any and all offers.

If telex or telefax offers start printing prior to 1100 hours September 24, 2004 and continue printing past that time, offer will be considered as having been received on time. Late offers will not be considered.

Offers 'subject open' will only be considered when the 'subject open' restriction is lifted prior 1100 New York Time September 27, 2004.

All other terms to the original tender released, remain the same.

For further information contact Muller Shipping Corp. 516-256-7700 (New York)


04-052B

Tender September 21, 2004

Freight Tender
ACDI/VOCA Ecuador Food for Progress Program
Invitation for Bid EC-ACDI-FFP-04-052-B
September 21, 2004

Muller Shipping Corporation, New York, for and on behalf of ACDI/VOCA, requests offers of U.S. and non-U.S. Flag geared vessels (U.S. Flag gearless vessels will be considered provided Owners supply discharging equipment) for the carriage of wheat in bulk under the Food for Progress program on the following basis.

Cargo: Up to approximately 21,000 metric tons Min/Max Dark Northern Spring Wheat in bulk. Offerors should consider offering vessels to carry a range of tonnages in the event that the quantity purchased is more or less than the quantity stated in this tender. Contracted quantity will be on Min/Max basis.

Load Port: 1/2 SB Each, 1/2 SP U.S. Ports. Mississippi River including but not north of Prt Allen to be considered as one port; Colombia River District including Portland to be considered as one port; San Francisco Bay area including Sacramento and Stockton to be considered as one port. For offers basis U.S. Great Lakes utilizing feeder vessels, offer to include name and details of feeder vessels.

Laydays: November 15 – November 25, 2004.

Offers submitted under this invitation are required to have a canceling date no later than the last contract Layday. Vessels which are offered with a canceling date beyond the Laydays specified above will not be considered.

Owners to provide Fourteen (14) day load port preadvice of vessel's readiness to load. Preadvice notice must be received at office of Muller Shipping Corp. prior to 1100 New York time on a regular business day to be considered received on that day. If preadvice is received after 1100 New York time on a regular business day or on a weekend/holiday, preadvice will be considered received on the next business day.

Discharge port(s) - one to three safe berths (each), one or two safe port(s), Guayaquil including Rio Guayas and or Manta, Ecuador.

Vessel restrictions at discharge ports without guarantee from Charterer:
A) Guayaquil
New Port: Maximum arrival draft 32 feet, maximum LOA 210 M
Other berths (Rio Guayas): Maximum arrival draft 21 feet, maximum LOA 180 M
B) Manta
Maximum arrival draft 33 feet

Terms/Conditions:

1. Vessel Restrictions:
- Non-U.S. flag vessels must not be older than twenty (20) years and must be classed highest in Lloyd's Register or its' equivalent. Year of original construction, not rebuilt date, to govern.

- All vessels 15 years and older and all ocean-going barges must have all openings to cargo spaces and hatches' covers tightly sealed with tape or by other means to assure watertight integrity. The sealing shall be done to the satisfaction of attending NCB surveyor as attested by a special survey. Cost of sealing hatch covers/openings to cargo spaces as well as special survey fees shall be for vessel owner's account. Special survey certificate shall in no way affect owner's liability and responsibilities toward the cargo.

- 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 but not exceeding New York market rates for U.S. flag vessels or London market rates for non-U.S. flag vessels.

- Cargo shall not be loaded into deep/wing holds or tanks and other spaces which are not directly accessible to grab discharge. 

2. Only clean offers of named vessels with full particulars will be considered. Offerors are encouraged to include the following information: Name of vessel and flag, Year built, Type, LOA, Beam, DWT, Draft, Speed, GRT, Number of Holds/Hatches, Hatch cover type and mechanism, Current vessel position, ETA at load/discharge port, Full Style Owners, SW Arrival draft at each disport.

3. Vessel Gear Requirements: Vessel(s) must be capable of self-discharge with vessel’s gear or Owner-supplied shoreside gear. Cranes and/or swinging derricks to have minimum SWL of 9.8 MTs. If vacuvators and/or marine legs are used, Owners to include all necessary pipes and supports, as applicable. Owners to provide at their expense all necessary motive power/fuel to operate all discharge gear and support equipment, as well as technicians in the case of vacuvators and marine legs to oversee their operation. Discharge gear provided by Owner/Vessel must be capable of maintaining the guaranteed average discharge rate as specified elsewhere herein. Any time lost as a result of insufficiencies of gear or breakdown of gear not to count as Laytime or time on demurrage.

- Discharging equipment must meet all requirements and regulations of the applicable port authorities.

- Opening and closing of hatches at loading and discharging ports shall be performed by the Vessel's crew at the Owners' expense. If Vessel is not equipped with hydraulic or mechanical hatch covers, Owners are to provide rain tents for all hatches.

4. Freight rate to be quoted per MT, basis one loading port/one discharge port, plus additional freight per MT for additional load ports, if used. No additional discharge port premiums will be considered. Freight rate quotations must provide per metric ton breakdown of rates for: a) Ocean transportation; b) Bulk discharge; and c) Cost of lightening if applicable to offer.

5. For part cargo awards, Owners to fully segregate, if not by natural separation, all expenses for Owners account. Any additional part cargo(es) shall be non-injurious to ACDI/VOCA cargo and detailed in offer or approved by Charterers/USDA if contracted after fixture of ACDI/VOCA cargo. Vessel itinerary and geographic proximity of completion cargoes will be taken into consideration.

6. Vessel must be able to be fumigated with an aluminum phosphide preparation in-transit in accordance with the USDA/FGIS fumigation handbook and vessels that cannot be so fumigated will not be considered. At final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA/FGIS fumigation handbook. Fumigation must be witnessed by USDA/FGIS, and the aluminum phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For tween-deckers and bulk carriers (including push-mode ITB), the recirculation method of fumigation will be used. Tween-deck vessels will be considered provided they are acceptable for in-transit fumigation in accordance with FGIS fumigation handbook. Offers of such tween-deck vessels must be accompanied by a copy of a letter from USDA/FGIS, stating that the vessel can be fumigated under the FGIS in-transit fumigation procedures. In addition tween-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for fumigation and such written statement from the certified applicator should be submitted with the offer.

7. Lightering at Disport: The Owners are responsible for Vessel arriving at discharge port and berth(s) with an acceptable safe arrival draft. If Vessels' draft exceeds the acceptable safe arrival draft, Owner to be fully responsible for any and all costs in reaching such safe draft and/or all costs for lightering the cargo into suitable size vessels.

In the event vessel has to lighten at disport whether full lightering or partial lightering, all lightering operations shall be at ship owner’s time, risk and expense. For all lightering (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel, classed highest in Lloyds or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry contracted cargo.

If owners intend to lighten, the offer should specify the cost of lightering, whether full or partial lightering. If lightering is not performed at the discharge port and vessel directly discharges at berth USDA will deduct the lightering cost from the ocean freight.

If cargo is lightered, pneumatic discharging equipment may be utilized for transfer from mother to daughter vessel(s) or for discharge from daughter vessel(s) to shore, but may not be utilized for both operations.

Any lighterage is to be accomplished within the territorial waters of the country of the named discharge port(s) unless otherwise approved by Charterers and USDA.

8. Owners to provide for vessel hold inspection certificate by the Federal Grain Inspection Service/USDA (FGIS).

9. Loading and stowage to be approved by National Cargo Bureau and certificate of NCB required at Owners expense. Owners to provide additional NCB certification that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water from entering the cargo compartments.

10. Loading rate:
(a) Cargo to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity. The rates are basis tons of 2,204.6 pounds per weather working day of 24 consecutive hours. Sundays and holidays excepted, even if used. Saturdays per BFC Saturday clause.

Vessel Contracted Quantity Loading Guarantee
--------------------------------------------------
Bulk carriers:
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 - 39,999.99 MT 7,500 MT per day
40,000 - 49,999.99 MT 10,000 MT per day
50,000 MT and above 12,000 MT per day

Tankers:
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 MT and above 7,500 MT per day

Tween-deckers and Multi-deckers, including liners: the load guarantee shall be 3,000 MT per day.

LASH/SEABEE barges: the load/discharge guarantees shall not apply. No demurrage/no despatch/no detention to be applied and same to be loaded/discharged in regular turn without undue delay.

(b) Demurrage/despatch is applicable at load and discharge port(s). Owners are to specify demurrage/despatch rates in their offer. Despatch rates must be one-half of demurrage rates quoted. Laytime is non-reversible.

(c) Laytime accounts are to be settled directly between owners and commodity supplier(s) at load port(s). Laytime calculation, overtime and trimming to be in accordance to Addendum No. 1 of the North American Export Grain Association, Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000) Clauses nos. 1-10 inclusive (hereinafter "N.A.E.G.A."), regardless of type of vessel. Further, the following modifications to N.A.E.G.A. will apply: anywhere the word "buyer" appears, the words "vessel owner" should be substituted in its place. Under no circumstances shall Charterers or CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the commodity supplier(s). Any/all disputes between vessel owners and the commodity supplier(s) arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.

(d) Discharge port Laytime accounts are to be settled directly between owners and Charterers. Vessel owner is to prepare and submit signed discharge port Laytime statement to Muller Shipping Corporation for approval within thirty days of completion of discharge. Discharge port Notice of Readiness and discharge port Statement of Facts, both signed on behalf of Charterers/ Receivers and Owners are to be presented with signed discharge port Laytime statement. Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of Laytime or the payment of demurrage or despatch between the vessel owners and the Charterers. Any/all disputes between vessel owners and the Charterers arising out of this contract relating to the settlement of Laytime issues shall be arbitrated in New York, subject to the rules of the Society of Maritime Arbitrators, Inc.

11. Discharging terms: cargo to be discharged free of risk and expense to the vessel (Free Out discharge) at the average rate of 2,500 MT for Bulk Carriers and Tankers, 1,500 MT for Multi-deckers, including Liner vessels, (in tons of 2,204.6 pounds) per weather working day of 24 consecutive hours, Saturdays, Sundays and Holidays excluded even if used. The discharge guarantee shall not apply for LASH/Seabee barges.

Charterers/Receivers reserve the right to appoint agents at the discharge port(s) with agency fees for Owner’s account, but not to exceed customary applicable fees.

12. Provisions applicable to U.S. Flag vessels
(a) U.S. Flag approved freight rates will be reduced to a level not higher than Maritime Administration fair and reasonable rate in the event that originally approved vessel is substituted by a lower cost vessel (including tug and/or barge).

(b) For U.S. Flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.

(c) U.S. Flag offers will not be considered if the vessel operator has not provided the Maritime Administration with the vessel costs prior to submission of the offer.

(d) U.S. Flag vessels which require approval from the Maritime Administration to participate in preference cargoes because of Operating Differential Subsidy (ODS), contractual constraints or because of reflagging/foreign construction issues must obtain such MARAD approval prior to submission of bids.

(e) One way rates must be quoted in addition to round trip rates for non-liner U.S. Flag vessels whose date of original construction exceeds fifteen years from date of fixture.

13. Both U.S. and foreign flag offers that are responsive to this tender will be considered, with no negotiation permitted.

14. Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag shipments.

15. Payment of one-hundred percent (100%) of freight will be paid directly to the carrier by the USDA upon confirmation by the cooperating sponsor of vessel arrival at the first or sole discharge port, subject to terms and conditions of governing charter party clause 42.

16. Owners must guarantee that the performing vessel fully complies with the International Safety Management (ISM) Code and the International Ship and Port Facilities Security (ISPS) Code issued in accordance with International Convention for the Safety of Life at Sea (1974) as amended (SOLAS) and will remain compliant for the entirety of her employment under this charter party. Upon request, Owners are to provide Charterers with a copy of the relevant document of compliance (DOC) and Safety Management Certificate (SMC) in regard to the ISM Code and the International Ship Security Certificate (ISSC) in regard to the ISPS Code, or other evidence satisfactory to Charterers. Owners are to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM and/or ISPS code(s). Non-compliance with the requirements of the ISM code or ISPS code shall be deemed a breach of contract. Submission of an offer against this RFP will be deemed an acknowledgement by vessel Owner/Operator that these cargoes are to be discharged at port(s) and/or terminals/berths that may not be in compliance with ISPS requirements, and Owner will have no recourse against Charterers or Receivers for subsequent inspections, delays, deviations or other security-related requirements or expenses resulting from calling at such port(s) and/or terminals/berths.

17. Sub-standard vessels and operators: Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(E)), establishes, effective January 1, 1999, with respect to non-U.S. Flag vessels and operators/owners, that substandard vessels and vessels operated by operators/owners of substandard vessels are prohibited from the carriage of government impelled (Preference) cargo(es) for up to one year after such substandard determination has been published electronically. As the cargo advertised in this IFB is a government impelled (Preference) cargo, offerors must warrant that vessel(s) and owner/operator are not disqualified to carry such government impelled (Preference) cargo(es).

18. Owners warrant that vessel offered is free from any liens and/or encumbrances.

19. Substitution of Vessel is not permitted without ACDI/VOCA-USDA prior approval. Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.

20. Commission: 2.50 percent on gross freight / deadfreight is payable to Muller Shipping Corporation if vessel offered direct. If broker involved then 2/3 of 2.50 percent is payable to Muller Shipping Corporation and 1/3 of 2.50 percent is payable to offering broker.

21. The successful offeror(s) will post a performance bond in an amount equivalent to five percent (5%) of the total estimated freight costs within five (5) working days of the award in the form of a certified check drawn on a U.S. bank, or cashiers check issued by a U.S. bank, in favor of ACDI/VOCA. Bond will be released upon vessel's presentation for loading within the contracted Laydays. Bond will be liquidated if vessel fails to present within the Laydays. Under no circumstances is the performance bond to be considered as the maximum liability or liquidation of damages incurred due to a non-performance of the ship owner.

22. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given to carriers, or period within which claim therefore shall be made or suit instituted.

23. All other terms and conditions as per Proforma Charter Party, as revised August 2004 available upon request.

24.Offers to be received by Muller Shipping Corporation by sealed letter, telex or telefax not later than 1100 hours New York Time September 27, 2004 for validity 1700 hours New York Time September 29, 2004. No phone or verbal offers will be accepted. ACDI/VOCA reserves the right to accept or reject any and all offers.

If telex or telefax offers start printing prior to 1100 hours September 27, 2004 and continue printing past that time, offer will be considered as having been received on time. Late offers will not be considered.

Offers 'subject open' will only be considered when the 'subject open' restriction is lifted prior 1100 New York Time September 28, 2004.

Both U.S. and foreign flag offers will be opened and read in public at the place and time specified.

Offers to be submitted to:
Muller Shipping Corporation Fax 516-256-7701
One Industrial Plaza, Bldg. E
Valley Stream, New York 11581

For further information contact Muller Shipping Corp. 516-256-7700 (New York)

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