Freight Tender: RFP, Parcels To Sudan For USAID

WASHINGTON, Feb 25, 2004 (OsterDowJones) – BKA LOGISTICS LLC, AS SUBCONTRACTORS FOR PACIFIC CARGOES INC., AND ON BEHALF OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT (AID), REQUESTS PROPOSALS FROM U.S. AND NON U.S. FLAG VESSELS FOR CARRIAGE OF THE FOLLOWING PL480 TITLE II EMERGENCY CARGOES (INV.024A): .

|DISPORT:|MOMBASA, KENYA|

|DISPORT:|MOMBASA,KENYA|

ON THE ABOVE:

TERMS: FULL BERTH TERMS, ALL INCLUSIVE. NO DEMURRAGE / NO
DESPATCH/ NO DETENTION ON VESSELS/CONTAINERS/TRAILERS BENDS.

NOTE 1: IF CONTAINER SERVICE OFFERED, CARRIER MUST CERTIFY THAT
EACH CONTAINER UTILIZED TO LOAD USAID SUDAN CARGO IS: (A) IN WIND
AND WATER TIGHT CONDITION; (B) NOT MORE THAN TEN (10) YEARS OLD;
AND, (C) NOT A SALVAGED CONTAINER OR MUSTERED OUT FROM REGULAR
SERVICE. AS A CONDITION OF PAYMENT, CARRIER MUST PROVIDE BKA A FGIS
SURVEY REPORT ATTESTING TO THE SATISFACTORY CONDITION OF CONTAINERS.
SURVEY IS TO BE PERFORMED PRIOR TO LOADING USAID CARGOES.

NOTE 2: IF CONTAINER SERVICE OFFERED FOR SHIP’S CONVENIENCE:
CONTAINERS TO BE STUFFED AT CARRIER’S TIME, RISK, AND EXPENSE.
NO MINIMUM CONTAINER LOAD REQUIREMENTS WILL BE ACCEPTED. ANY/ALL
ADDITIONAL COSTS AT DESTINATION DUE TO CONTAINERIZATION, INCLUDING
DEVANNING/STRIPPING, ARE FOR CARRIER’S ACCOUNT.

NOTE 3: 100 PERCENT OF FREIGHT OF EACH B/L TO BE PAID UPON ARRIVAL
AT THE DISCHARGE PORT.

NOTE 4: OFFLOADING AT MOMBASA ONLY DURING NORMAL PORT OPERATING HOURS
(NO NIGHT OFFLOADING).

NOTE 5: USAID PREFERS PARCELS AA, BB, AND CC ABOVE TO LOAD ON ONE VESSEL IF
POSSIBLE.

– COMMODITY, LOADPORT, 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 SUPPIER’S
PLANT, VESSEL OWNERS MUST COMPLY WITH SUPPLIER’S LOAD AND CAPACITY
CAPABILITIES.
IF THE VESSEL FAILS TO C0MPLY WITH SUPPLIER’S LOAD CAPABILITIES, ANY
COSTS INCURRED BY CCC INCLUDING BUT NOT LIMITED TO CARRYING CHARGES,
LIQUIDATED DAMAGES, 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. OWNERS ARE RESPONSIBLE TO OFFER ONLY
FOR VENDORS WHO MATCH OWNERS’ CAPABILITIES. OWNERS 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.

– CARRIERS SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE
PREMIUMS IN THEIR OFFERED RATES. USAID WILL ONLY REIMBURSE OR PAY
ACTUAL CONTRACTED RATES. OWNER BEARS THE RISK OF ANY INCREASE IN
WAR RISK INSURANCE PREMIUMS.

– AS APPLICABLE, THE ALL INCLUSIVE RATE SUBMITTED MUST BREAKOUT
THE FOLLOWING COMPONENTS: OCEAN FREIGHT, INLAND TRANSPORTATION
(DOMESTIC AND FOREIGN), FUMIGATION, AND, STACKING CHARGES AT FINAL
DESTINATION (IF APPLICABLE). CARRIERS WHO DO NOT SUBMIT ALL
INCLUSIVE RATES AS OUTLINED ABOVE WILL BE CONSIDERED NON
RESPONSIVE.

– RFP’S AND CONTRACTS EXCEEDING USD $100,000 ARE SUBJECT TO THE
FOLLOWING (WHICH ARE HEREBY INCORPORATED BY REFERENCE):
THE BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352,
(IMPLEMENTED IN FAR SUBPART 3.8 AND THE CLAUSES AT
FAR 52.203-11 AND 52.203-12.) EACH OFFEROR BY SUBMITTING
ITS OFFER CERTIFIES IT IS IN COMPLIANCE WITH FAR 52.203-11.
A DISCLOSURE FORM, IF REQUIRED, MUST ACCOMPANY THE OFFER. COPIES OF THE BYRD CERTIFICATES MAY BE OBTAINED AT THE WASHINGTON, D.C. OFFICES OF BKA LOGISTICS LLC FOR U.S.-FLAG FIXTURES, THE SIGNATURE OF THE ACTUAL VESSEL OWNERS IS REQUIRED; FOR FOREIGN-FLAG FIXTURES, AN AUTHORIZED AGENT MAY SIGN ON OWNER’S BEHALF, PROVIDED THAT A COPY OF THE OWNERS AUTHORIZATION TO SIGN IS SUPPLIED AND THE SIGNATURE INDICATES WHETHER THE SIGNING IS IN THE CAPACITY AS AGENT, BROKER OR REPRESENTATIVE. .
– THE FOLLOWING FEDERAL ACQUISITION REGULATION TERMS AND CONDITIONS ARE HEREBY MADE AN INTEGRAL PART OF ANY CONTRACT RESULTING FROM THIS RFP: .
– FAR CLAUSES 52.209-5 (CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989)) AND 52.209-6 (PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (MAY 1989)) ARE HEREBY INCORPORATED IN THIS PROCUREMENT. .
– FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS. .
– FAR CLAUSE 52.219-8 (UTILIZATION OF SMALL BUSINESS CONCERNS, SMALL DISADVANTAGED BUSINESS CONCERNS AND WOMEN OWNED SMALL BUSINESS CONCERNS) IS HEREBY INCORPORATED IN THIS PROCUREMENT. .
– IN ORDER TO COMPLY WITH FAR CLAUSE 52.219-8 (UTILIZATION OF SMALL BUSINESS CONCERNS, SMALL DISADVANTAGED BUSINESS CONCERNS AND WOMEN OWNED SMALL BUSINESS CONCERNS), AND FAR CLAUSES 52.209-5 AND 52.209-6 REFERENCED ABOVE, ON AN ANNUAL BASIS, OFFERORS ARE REQUIRED TO (1) SUBMIT SELF CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS, AND (2) SELF-CERTIFY THEIR COMPANY AS EITHER LARGE, SMALL, OR SMALL DISADVANTAGED. QUESTIONS REGARDING SIZE DETERMINATION TO BE DIRECTED TO A.I.D. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION, CONTACT: MS RHODA ISAC, TELEPHONE: (202) 712-0609. .
– FAR CLAUSE 52.247-5 FAMILIARIZATION WITH CONDITIONS. .
– FAR CLAUSE 52.247-8 ESTIMATED WEIGHTS OR QUANTITIES NOT GUARANTEED. .
– FAR CLAUSE 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE. .
– FAR CLAUSE 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE). .
– FAR CLAUSE 52.249-8 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) PLUS ALTERNATE I. AMENDMENT: IN THE DEFAULT CLAUSE AND IN ALTERNATE I – PARAGRAPH (A)(2) – DELETE THE PHRASE, “IF THE

CONTRACTOR DOES NOT CURE SUCH FAILURE WITHIN 10 DAYS” AND IN LIEU THEREOF INCLUDE THE LANGUAGE, “IF THE CONTRACTOR DOES NOT CURE SUCH FAILURE WITHIN 72 HOURS.” .
– NOTE: THE ABOVE FAR CLAUSES ARE AVAILABLE ON THE INTERNET AT http://WWW.ARNET.GOV AND COPIES OF THESE CLAUSES ARE ALSO AVAILABLE AT THE OFFICES OF BKA LOGISTICS LLC. .
– IF ANY CARGOES UNDER THIS RFP RESULTS IN FREIGHT BEING LOADED IN BARGES OR CONTAINERS, EVEN IF CONTAINERIZATION IS DONE SOLELY FOR THE CONVENIENCE OF THE STEAMSHIP COMPANY, PAYMENT OF FREIGHT WILL NOT BE MADE UNTIL ALL CARGO ORIGINALLY CONTRACTED UNDER THE RFP IS LOADED AND DELIVERED TO FINAL DESTINATION, AS PER CONTRACT TERMS. THIS REQUIREMENT IS ALSO APPLICABLE TO INSTANCES WHEN A.I.D. APPROVES A VESSEL SUBSTITUTION OR A SPLIT SHIPMENT. .
– CARRIERS TO GUARANTEE VESSEL(S) ARRIVAL AT DISCHARGE PORT WITHIN 45 DAYS OF COMPLETION OF LOADING AID SUDAN PARCELS. AID WILL IMPOSE A DELIVERY DELAY ASSESSMENT OF USD 1.00 PER METRIC TON PER DAY, OR PRO-RATA, ON ENTIRE BILL OF LADING QUANTITY, THAT VESSEL IS DELAYED IN ARRIVING AT DISPORT BEYOND THIS 45 DAY PERIOD. THE DDA WILL BE APPLICABLE TO THE TOTAL TONNAGE OF EACH BILL OF LADING. SAID ASSESSMENT, IF ANY, WILL BE DEDUCTED BY AID FROM FREIGHT PAYMENT. .
– AID 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 THE AGENCY FOR INTERNATIONAL DEVELOPMENT. 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. .
– THE UNITED STATES DEPARTMENT OF AGRICULTURE KANSAS CITY COMMODITY OFFICE’S GUIDELINES DATED DECEMBER 21, 1989 FOR CONTAINER, BARGE AND VESSEL HOLD INSPECTIONS IS HEREBY INCORPORATED. .
– THE U.S. DEPARTMENT OF AGRICULTURE KANSAS CITY COMMODITY OFFICE’S NOTICE TO THE TRADE AND THE AGENCY FOR INTERNATIONAL DEVELOPMENTS’S MODIFICATIONS TO THE BOOKING GUIDELINES BOTH DATED JULY 5, 1996, CLARIFICATION OF F.A.S. DELIVERY, ARE HEREBY INCORPORATED. .
– CONTRACT AND PAYMENT TERMS: EXCEPT TO THE EXTENT PROVIDED ABOVE, THIS RFP IS SUBJECT TO THE STANDARD USAID TITLE II COOPERATING SPONSOR BOOKING GUIDELINES, WHICH ARE FULL INCORPORATED HEREIN. COPIES OF THESE GUIDELINES MAY BE OBTAINED FROM USAID WEBSITE, http://WWW.INFO.USAID.GOV. .
– THE U.S. DEPARTMENT OF AGRICULTURE KANSAS CITY COMMODITY OFFICE’S NOTICE TO THE TRADE OF MAY 5, 2000 “CHANGE IN VESSEL LOADING OBSERVATION REQUIREMENTS AND PROCEDURES” IS HEREBY INCORPORATED. A COPY OF THE NOTICE CAN BE OBTAINED FROM THE FOLLOWING FTP SITE: FTP://FTP.FSA.USDA.GOV/PUBLIC/EXPORT/EOD68.TXT .
– IN KEEPING WITH U.S. CUSTOMS’ ENFORCED COMPLIANCE PROGRAM FOR OUTBOUND DOCUMENTATION, CARRIERS ARE HEREBY NOTIFIED THAT ANY ASSESSMENT AGAINST THE CARGO, DUE IN WHOLE OR IN PART TO DELAY BY CARRIER IN VERIFYING FINAL LOAD COUNT AND PROVIDING SAME TO BKA, WILL BE SOLELY FOR CARRIER’S ACCOUNT. .
– OTHERWISE SUBJECT TO AID BOOKING CONFIRMATION / CP. .
– OFFERS MUST BE IDENTIFIED BY TENDER/RFP NUMBER AND ANY FUTURE COMMUNICATION SHOULD ALSO IDENTIFY SAME BY TENDER OR CONTRACT NUMBER. .
– OFFERS FROM NVOCC’S WILL BE CONSIDERED AS NON-RESPONSIVE. .
– OFFERS MUST INCLUDE: VESSEL NAME / TYPE / FLAG / YEAR BUILT. ETA AT LOAD AND DISCHARGE PORT. FULL STYLE OF CARRIER OFFERING, ADDRESS, TELEPHONE, TELEX, AND/OR TELEFAX NUMBERS, AS WELL AS THE NAMES AND TITLES OF THE CORPORATE OFFICERS WITH DIRECT RESPONSIBILITY FOR THE OFFER AND APPLICABLE CORPORATE DUNS NUMBER. WHETHER SERVICE IS DIRECT OR TRANSSHIPPED, CONTAINER OR BREAKBULK. WHETHER SERVICE OFFERED IS LINER OR CHARTER. STATEMENT THAT CARRIER IS A VOCC. OCEAN FREIGHT RATE TO BE IN U.S. DOLLARS AND MUST BE ALL INCLUSIVE REPEAT ALL INCLUSIVE. .
– A.I.D. RESERVES THE RIGHT TO ACCEPT WITHOUT DISCUSSION, REJECT, OR NEGOTIATE PROPOSALS, INCLUDING AWARDING INDIVIDUAL LOTS WHENEVER RFP CONTAINS MORE THAN ONE LOT OF CARGO. .
– OWNERS GUARANTEE THAT THE PERFORMING VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT CODE (ISM), IF REQUIRED, AND IS IN POSSESSION OF A VALID DOCUMENT OF COMPLIANCE AND SAFETY MANAGEMENT CERTIFICATE AND WILL REMAIN SO FOR THE ENTIRETY OF HER EMPLOYMENT UNDER THIS CHARTER PARTY / BOOKING CONFIRMATION. OWNERS ARE TO PROVIDE SHIPPER / CHARTERER WITH SATISFACTORY EVIDENCE OF COMPLIANCE, IF REQUIRED TO DO SO, AND 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 CODE. .
– 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 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 RFP IS PREFERENCE CARGO, OFFERORS MUST WARRANT THAT VESSEL(S) AND OWNER/OPERATORS ARE NOT DISQUALIFIED TO CARRY SUCH CARGO(ES). .
– THE FOLLOWING USAID REQUIREMENT IS INCORPORATED INTO THIS FREIGHT TENDER AND THE PROFORMA C/P OR BOOKING NOTE: USAID REQUIRES A STANDARD LARGE SIZE USAID FLAG AND A USAID BANNER WHICH IS APPROX 16 FT WIDE BY 16 FT TALL TO BE DISPLAYED ON VESSELS CARRYING USAID FUNDED CARGOES. BOTH THE BANNER AND FLAG, WITH THE NEW AID EMBLEM, ARE TO BE FLOWN WHILE THE VESSEL ENTERS THE LOAD/DISCHARGE PORTS AND DURING CARGO OPERATIONS. SUBSEQUENT LIGHTENING CONTRACTS SHOULD ENSURE THE DAUGHTER VESSEL ALSO CARRY THE SAME. VESSEL OWNER IS THEREFORE REQUIRED TO TAKE NECESSARY ACTION AT THEIR EXPENSE TO COMPLY WITH THIS REQUIREMENT.

FOR FURTHER INORMATION CONCERNING THIS CLAUSE, CONTACT USAID 202-712-5150. .
– CARGO PREFERENCE COMPLIANCE WILL BE IN ACCORDANCE WITH THE MARITIME ADMINISTRATIONS JAN 8, 2003 LETTER. .
– ONLY TELEX, SEALED HAND DELIVERED, OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED. .
– OFFERS TO BE SUBMITTED TO BKA LOGISTICS LLC, 1629 K STREET, NW,

SUITE 600, WASHINGTON, DC 20006, BY 1100 HRS ET MARCH 1, 2004. . FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT: BKA LOGISTICS LLC WASHINGTON D.C. AT PHONE 202-331-7395, TELEFAX 202-331-7735, E-MAIL: [email protected] -OR- [email protected]
Sandi Alexander, OsterDowJones, (202) 646-1880
[email protected]
[email protected]

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