IFB 26-024B Ethiopia Freight Tender

IFB 26-024B Ethiopia Freight Tender

October 20, 2026

Freight Tender Ethiopia P.L. 480
Title II Program Catholic Relief Services

October 20, 2026
WBSCM Commodity Solicitation Number 200011567

WBSCM Freight Solicitation Number 200011568

Muller Shipping Corporation, New York, as sub-contractor to LifeLink Logistics and acting for an on
behalf of Catholic Relief Services (CRS), requests offers of U.S. and non-U.S. flag geared vessels
(U.S. flag gearless vessels will be considered provided Owners supply all necessary discharging
equipment) for the carriage of commodities under the PL-480 Title II program under authority of
Food for Peace Act Section 202(a) and/or Section 202(b)(emergency and developmental food
assistance), as specified for the cargoes below on the following basis:

All references to the United States Agency for International Development herein, howsoever
abbreviated or otherwise (e.g., ‘USAID’, ‘AID’, ‘A.I.D.’), will be deemed to include their
successors, designees and/or assignees in the management or oversight of this program, notably the
U.S. Department of Agriculture (USDA), as well as any other relevant government agency or
department. This to be applicable to all related documents, including freight fixtures and Charter
Parties resulting from this freight tender and any amendments or addendums.

N.B. Fumigation will be in accordance with the Notice to the Trade dated February 1, 2024 “Bulk /
Breakbulk Vessel Fumigation with Phosphine - Revised” previously posted at
https://www.fas.usda.gov/ocean-freight-tenders

Cargo: Up to 61,680 MT Bulk Grain, per the following orders/parcels (AA) 12,000 MT HRW
(BB) 49,680 MT Sorghum
Laycan: December 1-10, 2026, WBSCM SO 5001073039
- Empty bags to accompany all above orders
- Fixture(s) to be made Min/Max basis
Loading:  1-2SB Each, 1-3SP All USA Port Ranges
Load Terms: Scale Gross Load for PL-480 Title II bulk grain (see below)
Discharging: Djibouti (preferred) and/or Berbera and/or Mombasa at Charterer’s option
Discharge Terms: Full Berth Terms. No Demurrage/Detention/Despatch. Cargoes to be bagged at the
indicated discharge (transit) port(s) and delivered via truck on through bill(s) of lading to
receiver’s designated warehouse locations in Ethiopia (see final destinations named elsewhere
herein).

Naval Protection for Vessels Carrying CRS Relief Cargoes. For vessels carrying CRS cargoes that
plan to transit through the Red Sea and the Gulf of Aden and or call at a port in said region, the
vessel owner may elect to have naval escort protection during said transit. The U.S. Navy lead
coalition under “Operation Prosperity Guardian” and the European Union Naval Forces (EUNAVFOR) may
provide said protection. In the event Owner plans to use the said naval escort, it must be done by
the vessel owner/operator directly with the naval force and shall be at the vessels, expense, time
and risk. Any time lost in waiting for said escort and or any costs related to said escort shall be
at the vessel owner/operator account and CRS, Charterer, shall not be held responsible for any such
charges /costs. If Vessel Owner/Operator wish to include such costs they are to include same in the
freight offers that are submitted against the relevant freight tender and can be entered in the
WBSCM as the Premium for the discharge port(s) call. This premium will be part of the evaluation of
the freight offers received.

Intended approximate quantity for each final delivery destination point in Ethiopia for each
Parcel, without guarantee from Charterer and subject to change, is based on the quantities
indicated below (all deliveries to warehouse door) and offers will be evaluated based on these
quantities and destinations via discharge at Djibouti.

Parcel (AA) 6,840 MT Adama
5,160 MT Kombolcha
-0- Mekelle

Parcel (BB)
-0- Adama
20,960 MT Kombolcha
28,720 MT Mekelle

For all parcels final quantities for each destination are subject to change, but freight offer
evaluations will be based on the above quantities for the destinations shown.

Ethiopia offers will be evaluated basis Djibouti discharge. However, if competitive offers are
received for routing via Berbera or Mombasa and Charterers are likely to utilize the option to
discharge at any of these ports, offers that do not include routing via these ports may be excluded
from consideration.

Charterer shall declare the discharge port(s) option ten (10) calendar days after vessel sails from
the load port.

Offers should include a range of overall quantities and rates in case a lesser quantity is
purchased. If a lesser quantity is awarded, the intent is to apportion the Ethiopia Wheat and
Sorghum quantities for each destination in approximately the ratios indicated by the above figures
on each contracted vessel, with offer evaluation also based on these ratios. Destination quantities
will remain subject to revision at Charterer’s option regardless of the quantity awarded. Any offer
that specifies individual Ethiopian destinations and excludes others may therefore be deemed
non-responsive.

Empty bags are to be delivered to Owners or their appointed agents Free Along Side (F.A.S.) point
of rest (under cover) at Owners' designated load berth. Owners are to nominate load berth(s) for
the empty bags within forty-eight (48) hours after receipt of Charterers' nomination of load
port(s) for the cargo. Owners' designated load berth must provide a point of rest with under cover
protection from the weather for the empty bags. Owners will be responsible for any and all costs
associated with placing the empty bags aboard the vessel from their F.A.S. point of rest (under
cover). Empty bags will be transported on vessel to destination(s) freight free.

N.B. For offers via Mombasa Owners to include confirmation in Remarks section of WBSCM offer
whether inland routing from the discharge port to final destination(s) in Ethiopia will involve the
transfer of commodity from one inland conveyance to another (truck and/or rail) en route to final
destination after vessel discharge. If such transfer to take place, Owners to cooperate with
Receiver’s nominated surveyors to attend the transfer operation on all vehicles.

SUBMISSION OF FREIGHT OFFERS:
To determine lowest landed cost, all carriers are required to submit offers electronically for the
cargoes advertised by this tender via the 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. All freight offers are due no later than 10:00 am U.S. Central Time (11:00 a.m. U.S.
Eastern Time) on October 27, 2026. Only firm offers will be accepted. All offers must remain valid
through close of business U.S. Eastern time October 29, 2026. No phone offers or offers via e-mail
will be accepted.

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. Charges attributable to the failure of the vessel to present before the
canceling date, including but not limited to charges for inspection, fumigation, and carrying will
be for the account of the ocean carrier
All 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.

The Web Based Supply Chain Management system can be accessed through the following website:
https://www.usda.gov/about-food/nutrition-research-and-programs/food-di…
hain-management

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
Owners to provide Fourteen (14) day load port pre-advice of vessel's readiness to load. Pre-advice
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 pre-advice is received after 1100 New York time on a regular business day or on a
weekend/holiday, pre-advice will be considered received on the next business day.
NOTICE TO THE TRADE DATED JULY 22, 2009
Effective immediately, all ocean carriers submitting freight proposals in response to
P.L. 480 Title II freight RFPs for mark and count cargoes and/or bulk cargoes and/or overseas
and/or domestic preposition cargoes must include one of the statements below, or certify to one of
these statements if the offer submission is via WBSCM. Please note that this statement is required
for each offer submitted. For offers submitted via the WBSCM system the certification is to be
acknowledged within the Attributes section of the solicitation. For each offer submitted outside of
WBSCM, one of the statements below must appear on each page of 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.
In awarding cargo under this RFP USDA will consider factors including the lowest landed cost, and
the impact of any potential award on the agency’s ability to satisfy the requirements of statutes
and regulations including the Cargo Preference Act.

N.B. PLEASE NOTE THE FOLLOWING PARAGRAPHS REGARDING EVALUATION CRITERIA.
All offers are subject to Charterer’s and USDA approval and the CRS Proforma Charter Party terms.
Any offers received for carriage in combination with previously contracted part cargo(es) are
subject to the review and approval of the Charterers and may at their discretion be rejected based
on schedule, vessel design and other factors that they deem not advantageous to the program. (E.g.,
a schedule-related factor will include whether award of this contract would affect the timeliness
of delivery of other USDA-financed emergency cargoes.)

Offers are to provide past performance information. If the offeror has transported any
USDA-financed cargo(es) that has missed the contractual LDA or DDA deadlines of any shipment within
the past year, the offer should include relevant information, including the identity of the
charterer, the contract number, the contractual LDA and/or DDA dates and the actual date of
arrival/loading/delivery, as applicable, and contact information for the charterer. Offers may also
include explanations of such delays.
Evaluation: The government will award contract(s) to the responsible offeror(s) that will provide
the best value to the government. Best value shall be defined in this procurement as total price of
commodity delivered to destination within the best delivery schedule that meets the government’s
requirements. Past performance information to be incorporated in the responsibility determination
and best value decision. Non-cost/price factors are weighted approximately equal to cost/price
factor. Named vessel in an offer is viewed as a representation of the type and kind of vessel that
will be provided. Failure to offer exactly as per the terms of this freight tender will render an
offer non-compliant and as such the offer will not be considered.

CRS, in accordance with USDA direction and regulations, intends to make award without discussions,
but reserves the right to conduct discussions and seek final proposal revisions if deemed
necessary.

There have been significant changes to the Cargo Preference legislation. Offerors are encouraged to
review the USDA notice on the same, previously posted at:
https://www.fas.usda.gov/ocean-freight-tenders
Offerors are encouraged to review Charterer's Proforma Charter Party for governing terms and
conditions. Copy available upon request from Muller Shipping Corporation, New York.

Vessel's itinerary from day of offer to first or sole discharge port under this tender is to be
submitted with offer and be incorporated into the CP.

Terms/Conditions:

1. Vessel Restrictions:
- Geared bulk carriers required for non-U.S. flag vessels and preferred for U.S. flag vessels.

- For U.S. flag vessels: Dry Cargo Ships workable. Tankers and towed barges are not acceptable.
Push-Mode Integrated Tug-Barge (ITB) will be considered if warranted speed and proposed itinerary
can provide delivery according to the earliest and latest dates indicated elsewhere herein.

- 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.

- Substitution of Vessel is not permitted without Charterers/USDA prior approval.
Any vessel substituted shall be of the similar type, class, approximate size and with same Laydays.
- All vessel substitution requests must be reviewed by USDA or their successor agency. 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:
https://www.maritime.dot.gov/ports/cargo-preference/agricultural-cargoes

- Vessel fixtures and Charter Parties resulting from this tender will be subject to USAID/USDA
policies and requirements regarding acceptable vessels, including RightShip evaluations or other
vessel vetting approvals.

2. Only clean offers of named vessels with full particulars will be considered. Name of vessel and
flag, Year built, Type, Class, 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 to be included in offer.

3. Vessel Gear Requirements: Vessel(s) must be capable of self-discharge with vessel’s gear or in
the case of gearless U.S. Flag vessels, Owner-supplied shoreside gear and all necessary motive
power/fuel to operate all discharge gear and support equipment. If vacuvators and/or marine legs
are used, Owners to include all necessary pipes and supports, as applicable, as well as technicians
to oversee their operation.

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

- Offer must include type of hatch operation. 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 in U.S. Dollars (USD) per MT, basis one loading port/one discharge
port, plus additional freight per MT for additional load and discharge ports, if used and include
all costs up to delivery at each designated point of final delivery. Freight rate quotations must
provide the overall rate per metric ton plus a breakdown of rates for: a) Ocean transportation,
including bulk discharge; b) Bagging at discharge port; c) Inland transportation from each
discharge (transit) port to each of the point(s) of final delivery named herein, and d) Cost of
lightening if applicable to offer and indicate whether full or partial lightening. All rates must
be quoted in U.S. Dollars (USD).

Offers with ancillary charges (bagging/stacking/inland freight) deemed to be outside the
competitive range may be subject to a counter-offer or negotiated reduction in order to be
considered for award.
5. Part cargo offers will be considered if a satisfactory itinerary is provided, other cargoes are
compatible and non-injurious to CRS cargo and detailed in offer (or approved by Charterers/USDA if
contracted after fixture), and vessel size and stowage are acceptable. The Sorghum covered by this
freight tender may be commingled with any other Title II Sorghum of the same specifications
procured together and fixed aboard the same vessel if acceptable to all Charterers. For any other
part cargo awards Owners, CRS Wheat and Sorghum to be fully segregated with all expenses for Owners
account, whether by natural separation or otherwise. Vessel itinerary and geographic proximity of
completion cargoes will be taken into consideration. On any part cargo fixtures, Charterers reserve
the right to require Last-In loading and/or First-Out unloading of cargoes covered by this tender.

6. In-transit fumigation will be required for these cargoes upon completion of loading. Vessel must
be able to be fumigated with aluminum phosphide in accordance with the requirements in the most
recent version of the FGIS Fumigation Handbook for In-Transit Fumigation. The entire cargo to be
fumigated following completion of loading at vessel's final load berth by the grain supplier at
grain supplier's expense. The surface method of fumigation will be utilized for tankers and towed
barges. The recirculation method of fumigation will be utilized for U.S. and non-
U.S. bulk carriers (including ITBs) and tween-deckers provided that a licensed fumigator has
provided written acceptance and FGIS has provided a letter stating that vessel has been preapproved
for the recirculation in-transit method. Any additional time spent to accommodate FGIS requirements
for fumigation will be for account of Owners. Requirements of the most recent FGIS Fumigation
Handbook will be deemed incorporated into any vessel charter party resulting from this RFP.

Owners are responsible to assure that hatch covers remain sealed for the minimum length of time
required in the USDA, FGIS Fumigation Handbook, or by the contracted fumigator, whichever is
longer. If the vessel arrives at the first or sole discharge port before the expiration of the
required fumigation period, Owners will be responsible for all time, risk and expense resulting
from the need to delay opening hatches until the expiration of the required fumigation period.

At the discharge port (s) and/or final delivery destination(s) and upon inspection by government
inspectors, if cargo and/or vessel are found to be infested and provided clean bill(s) of lading
were issued, owners will arrange fumigation of the cargo within 24 hours of discovery of such
infestation. Any fumigation costs and all time on the vessel are for owner’s (vessel’s) account.
The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials
used for in-transit fumigation shall be for vessel Owner’s time, risk, and expense.

7. Lightering at Disport:
- The Owners are responsible for Vessel arriving at discharge port(s) and berth(s) with an
acceptable safe arrival draft, and any lightering at the discharge port(s) is to be at Owner’s
time, risk and expense. All lighterage vessels used must be geared ocean-going bulk carrier
vessels, 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 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 U.S. AID.

- Owners should state in offer whether they intend to lighten, and 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, the quoted/contracted
cost of lightering will be deducted from the ocean freight.

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 NCB certificates of Readiness
and Loading 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 terms:
(a) Cargo to be loaded according to berth terms with customary despatch at the

average rate as delineated bel+ow 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

Tween-deckers: the load guarantee shall be 3,000 MT per day. Lash/seabee barges: the load guarantee
shall not apply.
(b) Demurrage/despatch is applicable at load port only. Owners are to specify demurrage/despatch
rates in their offer. Despatch rates must be one-half of demurrage rates quoted.

(c) Laytime accounts, demurrage, despatch, overtime and detention 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
"NAEGA"), regardless of type of vessel. Further, the following modifications to NAEGA will apply:
anywhere the word "buyer" appears, the words "vessel owner" should be substituted in its place.
Under no circumstances shall Charterers, CCC or AID be responsible for resolving disputes involving
the calculation of Laytime or the payment of demurrage, despatch, overtime or detention between the
vessel owners and the commodity supplier(s). Any/all disputes between the Vessel Owner and the
Commodity Supplier(s) arising out of this contract relating to the settlement of Laytime and/or the
payment of demurrage/despatch shall be arbitrated in New York subject to the rules of the Society
of Maritime Arbitrators, Inc.

11. Discharge / Delivery Terms
(a) Full Berth Terms with TBL delivery. No Demurrage/Detention/Despatch. Additional terms below.
Commodities are to be shipped in bulk with quantities based on FGIS Official Weight Certificates
issued at loading. Bill of lading quantities and freight charges will be based on these official
figures, and claims or demands for payment of amounts that exceed the charges as based on bill of
lading weights will not be considered.

Cargo is to be bagged at the discharge (transit) port(s) of Djibouti and/or Berbera and/or Mombasa
(at Charterer’s option) and delivered under through bills(s) of lading to receiver’s warehouse
door(s) at one or more of the final destinations in Ethiopia named herein, all at Owner's time,
risk and expense. Unloading at warehouse(s) to be arranged and paid for by receivers.

(b) Owners to provide all labor, needles, twine, and necessary equipment for required bagging.
Owner is to advise Charterer of the method of bagging (hand bagging not permissible), bagging rate
and name of bagging contractor prior to fixture. Nominated bagging contractor to be subject to
Charterer's approval. If hand bagging is performed in breach of contract, the bagging rate to be
reduced to USD 1.00 per Metric Ton. Otherwise subject to USDA bagging provisions dated July 1989,
copy available upon request. On Through Bill of Lading deliveries, unused empty bags are to be
delivered to receivers at final commodity delivery point(s) as designated by Charterers or
receivers

(c) Carrier to provide written notification to Muller Shipping Corporation cargo@mullershipping.com
/ fax 516-256-7701 and to Lifelink Logistics Fax No. 440-

243-3030 with the vessel’s agent(s) at the discharge port(s) not later than seven (7) days
following completion of loading of cargoes awarded under this tender.
(d) The CRS Through Bill of Lading Protocol as revised October 16, 2026 (copy available upon
request) will be applicable to any cargoes contracted under this freight tender for delivery on a
through bill of lading

For CRS Ethiopia-bound commodities being delivered on a TBL, the following additional requirements
are to be added to the CRS Through Bill of Lading Protocol:
The Inland Transporter appointed by the Ocean Carrier shall submit to the Surveyor appointed by the
consignee an initial discharge/ dispatch plan indicating data required to facilitate effective and
efficient dispatch, including truck license number, quantity to be loaded, name of consignee, and
inland destination. Inland Transport drivers should present their trucks at the quay for loading
with proper written documents, e.g. waybill, presenting these data.

The inland Transporter appointed by the Ocean Carrier shall confirm to the Surveyor appointed by
the consignee all waybill numbers documenting the inland transport of all commodities discharged
from each vessel not later 12 hours after departure of trucks from the Port.

Any deviation from the above by the Inland Transporter shall be communicated immediately to the
Surveyor appointed by the Consignee.

(g) Payment of freight will be paid through WBSCM directly to the carrier by the USDA. In event
owner has not paid the carrying/interest charges if any, CCC/USDA will have the right deduct same
from the ocean freight.

Exception to standard freight payment provisions: When a contract calls for bagging and/or stacking
at the discharging port and/or through bill of lading for Owner's account, freight payment will be
effected as follows:
- Sixty (60) Percent of freight will be payable upon notice satisfactory to Charterers of vessel's
arrival at first port of discharge, which notice will be part of the documentation required to be
presented by carrier as a condition of payment.
- Forty (40) Percent of freight will be payable upon confirmation from receivers that Owners have
fulfilled their responsibilities under the charter party AND after DDA assessments, if any, have
been resolved. Delivery to final destination(s) will only be deemed as completed when all of the
commodities discharged from the vessel have been delivered, regardless of the number of bags
dispatched from the port and/or delivered to final destination(s). At the discharge port, if the
final bag count is not consistent with the anticipated bag count as based on the bill of lading
weight Owners will nonetheless be required to complete deliveries of all bagged grain at their
time, risk and expense, to the destination(s) laid out in the governing charter party, as
charterers may direct.

12. Provisions applicable to U.S. Flag vessels
- Offers for U.S. Flag vessels are to certify that necessary cost data has been submitted to MARAD;
any prior MARAD approval for carrying preference cargoes have been obtained; and that they will
agree to reduce rates to any "fair and reasonable" calculation.

- 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 in the event the
vessel is scrapped or transferred to foreign-flag registry prior to the end of the return voyage to
the United States.

13. If the vessel has not arrived at the first discharge port for cargoes contracted under this
tender, ready in all respects to discharge by 0900 hours on the fiftieth day after the end of the
Laycan as fixed for vessels loading U.S. Gulf, or on the sixtieth day after the end of the Laycan
as fixed for vessels loading U.S. West Coast, a Delivery Delay Assessment will be imposed at $1.00
per metric ton per day in accordance with Proforma CP clause 43.

Additionally, for cargoes delivered on a through bill of lading to points in Ethiopia, Charterers
will assess liquidated damages of USD $0.50 per metric ton per day on the entire bill of lading
quantity if all cargo has not been delivered to the final delivery destination point(s) within
thirty (30) days after completion of vessel discharge at Djibouti, and Charterers will continue to
assess liquidated damages thereafter in this amount for each and every day’s delay until all cargo
has been delivered to all final delivery destination point(s).
14. CP clause 43 earliest acceptable arrival date will not apply.

15. Cargo covered by this tender not to be sublet, nor carried under any slot-charter arrangement,
and Non-vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or Foreign Flag
shipments.
16. Carrier/Owner guarantees that this vessel, if required by the ISM (Non self-propelled barges
are exempt), and ISPS code issued in accordance with International Convention for the Safety of
Life at Sea (1974) as amended (SOLAS) complies fully with the International Safety Management (ISM)
Code and the International Ship and Port Facilities Security (ISPS) Code and will remain so for the
entirety of her employment under this booking note. Upon request, Carriers to provide Shippers 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. Carriers are to remain fully responsible for any and all consequences from matters arising as
a result of the Carrier or the vessel being out of compliance with the ISM and ISPS code.

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 RFP 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. Commission: 1.67% on gross freight / dead-freight is payable to Charterer's agent
/ Freight Forwarder, LifeLink Logistics.

20. N.B. Vessel Owners as named in offers and listed as Owners on any CRS Charter Party made under
this tender will be shown as carrier on bills of lading for all covered shipments, and the date of
this Charter Party will appear on the bills of lading as the governing Charter Party date. No other
Charter Party may be shown or referenced on the bills of lading. Further, freight bills of lading
will be required, possibly including freighted originals. Requests for exclusion of any of these
provisions will not be considered and the submission of an offer against this tender will be deemed
an acknowledgement of these requirements.

21. Shipper reserves the right to require vessel owners to post a performance bond.
22. DETENTION/DEVIATION CLAUSE
In the event of any occurrence, happening or circumstances giving rise to a claim by Owners for
detention or deviation, the charter’s load port daily demurrage rate pro rata shall apply to
calculate same and shall serve as the only recoverable charges or damages relating to same. In
return for such payment, Owners agree to release, acquit and hold harmless Charterers from any and
all claims, losses, and damages of whatsoever kind, whether physical or economic, in contract or
tort, at law or in equity, suffered as a result of such occurrence, happening or circumstances.

23. 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.

24. The following USDA requirement is incorporated into this freight tender and the PFA CP: USDA
requires a standard large-size USDA flag and a USDA banner with revised USDA emblem which is
approximately 16 feet wide by 16 feet tall to be displayed on vessels carrying USDA funded cargoes.
Both the banner and flag are to be flown while the vessel enters the load/discharge ports and
during cargo operations. Subsequent lightering contracts should ensure the daughter vessels also
carry the same.  Vessel Owner is therefore required to take necessary action at their expense to
comply.

25. This freight solicitation and any resultant freight contracts are deemed to include, by
reference, FAR Clause 52.232-22, Limitation of Funds. (see USDA Notice to the Trade dated February
26, 2010)

All other terms and conditions as per Proforma Charter Party, available upon request. For further
information contact Muller Shipping Corp. 516-256-7700 (New York)
END OF FREIGHT TENDER