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04-023B Award
July 6, 2004

Request post the following award approved by USDA -
Shipper/charterer: ADRA
IFB Nr: AZ-ADRA-FFP-04-023B
Date approved: 02 July 2004
Owner: Liberty Shipping Group LLC (Series 8 - Eagle Series)
Vessel: MV Liberty Eagle, US flag; built 2004; geared bulk carrier; abt
50,600 MT DWT on 10.85 M; LOA 189.9 M; Beam 32.2 M; 6 HA/6 HO; 4 x 30
tons cranes; speed abt 16 kts
Itinerary: ETA first load port: 25 July 2004. ETA Poti or Batumi:
approx. 21 days after loading/sailing last load port US.
Cargo: Ref-04AD0900-34. 22,000 MT Min/Max HRW Wheat in Bulk (fixed in
combination with 7,000 MT Wheat for Georgia - duly separated at owners
risk, time and expense.
Load port: 1 safe berth, 1 safe port U.S. Gulf Texas
Laydays: 20-30 July 2004 
Initial port of discharge: Poti or Batumi, Georgia at owners' option
Final point of discharge: Baku Tovarnaya Station, Station Number 547105,
Station " Novaya Vetka", Grain Elevator "ZYH".
Discharge terms: as per Freight Tender.
Freight rate: $111.31/MT (O/F: $87.56/MT including discharge cost of
$5.75/MT, inland transportation from initial port of discharge to final
point of discharge: $23.75/MT). Basis one port load to one port
discharge. 
Demurrage/Despatch at load port: $15,000.00 / Half Despatch.

Amendment
June 25, 2004

Request post the below Amendment #1 to ADRA Azerbaijan FFP Freight
Tender -

CLAUSE #24 OF ADRA AZERBAIJAN FREIGHT TENDER IS AMENDED TO READ AS
FOLLOWS:

"24. All offers must be received at Panalpina, Inc., 22750 Glenn Drive,
Sterling, VA 20164, Fax nr: (703) 733-4353. All offers must be received
by no later than 1100 hours Washington, DC time on Monday, June 28, 2004
and are to remain valid through close of business Washington, DC time on
July 01, 2004. If a fax offer begins to print before 1100 hours
Washington, DC time and continues past that time, charterers will
consider the offer as received on time. 

All offers will be opened and read in public at the time and place of
the tender. Only offers that are responsive to this tender will be
considered. No negotiation will be permitted in accordance with Food for
Progress regulations. Non-US flag offers must be "firm" and US flag
offers with subject "open" must be lifted by 1100 hours on 30 June
2004".

ALL OTHER TERMS AND CONDITIONS OF THE FREIGHT TENDER REMAINS THE SAME.


04-023B Tender
June 24, 2004


Below is ADRA Azerbaijan FFP FY 2004 freight tender for announcement -

Freight Tender: ADRA Azerbaijan FFP 2004 - Hard Red Winter (HRW) Wheat
in Bulk
IFB Nr: AZ-ADRA-FFP-04-023B
Ref: 04AD0900-34
Date: June 23, 2004

Panalpina, Inc., on behalf of the Adventist Development and Relief
Agency International (ADRA), request offers of U.S. and non-U.S. flag
vessels geared or gearless vessels (towed tug barge arrangements are not
acceptable) for transportation of approximately 22,000 MT Hard Red
Winter (HRW) wheat in bulk, full or part cargo, financed under the Food
for Progress (FFP) Act. Cargo must be contracted on a minimum/maximum
basis. 

1. Load Port: 1 /2 SB, 1 / 2 Safe US Port(s). The greater New
Orleans areas, including but not north of Baton Rouge LA.; the Columbia
River District including Portland; the San Francisco Bay area including
Sacramento and Stockton, to be considered respectively as one load port.

2. Quantity : 22,000 MT Min/Max HRW Wheat in Bulk Laydays: Any 10
days July 15 to 30 , 2004, Owners should consider offering a range of
quantities to accommodate the quantity of commodity actually purchased.
Vessels will be fixed on a minimum / maximum quantity basis.

3. Owners to provide 14 day pre-advice of vessel readiness to load.
Pre-advice notice must be received at the office of Panalpina, Inc.
prior to 11:00 A.M. Washington, DC time on regular business to be
considered received on that day. If pre-advice is received later than
11:00 A.M. Washington, DC time on regular business day or on
weekends/holidays, pre-advice notice will be considered received only on
next business day. 

4. Loading terms: Cargo to be loaded according to berth terms with
customary despatch at the average rate per chart below based on
contracted quantity 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.

A) Bulk carriers/contracted quantity in MT Load guarantee in MT
0 - 9,999.99 4,000 
10,000 - 19,999.99 5,000
20,000 - 29,999.99 6,000 


B) Tankers/contracted quantity in MT Load guarantee in MT
0 - 9,999.99 4,000
10,000 - 19,999.99 5,000
20,000 - 29,999.99 6,000

C) Load guarantee for tween-decker: 3,000 MT

D) No load guarantee for lash/seabee barges

Any stowing and / or trimming must be for owner's account.

5. Loading laytime accounts must be settled directly between owners
and commodity supplier(s). Laytime calculation, overtime and trimming
must be in accordance with addendum No. 1 of the North American Grain
Export Association's F.O.B. contract No. 2 (revised August 1, 1998)
clauses 1-10, (hereinafter NAEGA) regardless of the type of vessel.
Further, the following modification to NAEGA will apply: anywhere the
word "buyer" appears, the words "vessel owners" shall be substituted in
its place. Under no circumstances shall CCC or charterers be responsible
for resolving disputes involving calculation of laytime or payment of
demurrage or despatch between the vessel owners and the commodity
supplier(s). Any and all disputes 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.

6. Any additional completion cargo(es) must be duly segregated by
vessel holds and/or compartments, must be compatible and non-injurious
to ADRA's cargo, and must be approved by charterers/USDA. Cost of
separations, if any, for account of owner.

7. Section 408 of the Coast Guard Authorization Act of 1998, Public
Law 105-383 {46 U.S.C. paragraph 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, offeror must warrant that vessel(s) and owner/operator are not
disqualified to carry such government impelled (preference) cargo(es).

8. If owners fail to tender vessel within the laydays, whether or
not the option to cancel C/P is exercised, the owners are to be fully
responsible for all charges attributable to the failure to tender before
the canceling date of the C/P, whether accruing to charterer or to the
U.S. Government as donor, including, but not limited to the grain
carrying charges covering interest, storage, insurance and fumigation.
In which case it will be a condition of payment of freight that the
owners submit as part of their documentation a "paid" invoice from the
supplier(s) for carrying charges or a certification from supplier(s)
that carrying charges did not accrue.

9. Discharge port(s): The final point of discharge is Baku Tovarnaya
Station, Station Number 547105, Station "Novaya Vetka", Grain Elevator
"ZYH". The initial port of discharge of Batumi or Poti, Georgia is
preferred, but other proposed port(s) named by owners in their offer
will be considered. The owner's option must be stated in the offer.
Owners are to guarantee that the vessels offered are in full compliance
with the discharge ports/berth limitations and to bear the full
responsibility for such guarantee. Lightening, whether full or partial,
if required and duly authorized by the port authority, due to mother
vessel exceeding the restrictions of discharge port, will be at owners'
account, time, risk, and expense and in accordance with requirement
stated below. Full or partial lightening: in the event of full or
partial lightening, the lighter vessel(s) must be inspected by Lloyds or
equivalent certified surveyor and the certificate of cargo holds
inspection will be required for freight payment and to be submitted to
CCC for payment. The certificate must state that the lighter vessel's
holds are dry, clean and, ready and suitable in all respects to receive
the bulk cargo. Said inspection must be arranged and paid for by owners.

10. Discharge terms: Berth terms with no demurrage, no despatch, no
detention on rail cars/wagons, trucks and /or trailers. The contractor
must deliver the cargo in bulk under a through bill(s) of lading basis
Free on Rail (FOR) to ADRA Azerbaijan, Vidadi Street No. 68, Baku
370009, Azerbaijan, Attn: Randy Purviance. For guidance, receivers
advise that they can handle a maximum of 15 rail wagons per day.
Successful bidders are to provide the name of their inland
transportation contractor prior to USDA's final approval of fixture.
Offeror should include mode of inland transport, routing and approximate
transit time from the initial port of discharge to the final point of
discharge 72, 48 and 24 hours notice of the arrival of the cargo shall
be provided by the inland transportation contractor to the receivers. 

11. Freight rates to be quoted per metric ton Vessel Load/Berth Terms
discharge with no demurrage/no despatch/ no detention at discharge port
basis one load port to one discharge port. Plus additional freight for
each additional load or discharge port, if used. Freight rate quotations
must provide per Metric Ton breakdown of rates for: a) Ocean
Transportation; b) Bulk Discharge; c) Inland Transportation from the
point(s) of initial discharge; d) Cost of lightening if applicable to
offer.

12. 65 % freight payment for vessel's on arrival at the initial point of
discharge and remaining 35 % upon arrival at the final point of
discharge. Refer to payment clause 46 of proforma charter party. 

13. Demurrage/Despatch rate at loading must be stipulated in the offer
with despatch rate to be one-half of demurrage. Vessels offered with
layday canceling later than the dates stipulated above will not be
considered responsive to this tender. There is no demurrage, no despatch
at the discharge port or at final delivery point.

14. Extra insurance: a) Any extra insurance on cargo and/or freight for
U.S. flag vessels due to age or type must be for owner's account basis
New York Market rate. b) Non-U.S. flag vessel to be maximum ten (10)
years of age and classed 100A1 Lloyds Register or equivalent. Charterers
may accept older vessels up to 20 years old provided any extra insurance
premium due to vessel's age to be for owner's account. Any extra
insurance premium on cargo and freight due to vessel's age (over 10
years) or type to be for owner's account basis Lloyds of London.

15. 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
FGIS, USDA, 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's), the re-circulation method of fumigation will be used. For
tankers and tug barges other than push mode ITB's surface application
will be used. Tween-deck vessel's will be considered provided they are
acceptable for in-transit fumigation in accordance with USDA, FGIS
fumigation handbook. Offers of such Tween-deck vessels must be
accompanied by a copy of a letter from FGIS, USDA 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 state that the vessel has been inspected and found to be
suitable for fumigation and such written statement from certified
applicator must be submitted with the offer.

16. At discharge port, and upon inspection by Government's inspectors,
if cargo and/or vessel is found to be infested and provided clean bills
of lading were issued, fumigation cost, if any, are for owners account. 

17. One- way rate must be quoted in addition to round trip rates for
U.S. non-liner vessels whose date of original construction exceed 15
years from date of fixture.

18. U.S. flag offers will not be considered if vessel operator has not
provided MARAD with the vessel costs prior to submission of offer.

19. U.S. flag vessels approved rate(s) will be reduced to no higher than
MARAD fair and reasonable rate in the event that approved vessel is
substituted by a lower cost vessel (including tug and/or barge). For
vessel loading less than a full cargo, the less cargo than full cargo
freight rate will be subject to a reduction to meet revised MARAD
freight rate guideline due to vessel loading other additional cargo.

20. U.S. flag vessels which require prior approval from MARAD to
participate in preference cargoes because of operating differential
subsidy (ODS), contractual restraints, or because of re-flagging/foreign
constructions issues, must obtain such MARAD approval prior to
submission of bids. 

21. ISM AND ISPS CODE COMPLIANCE: Carrier 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.

22. At load port vessel's agent will be appointed and paid for by
owners. 

23. Offers must be in writing and may be hand delivered in sealed
envelopes, or submitted by fax and must be in accordance with
charterer's proforma C/P and this freight IFB. Verbal or telephone
offers are not allowed and will not be considered.

24. All offers must be received at Panalpina, Inc., 22750 Glenn Drive,
Sterling, VA 20164, Fax nr: (703) 733-4353. All offers must be received
by no later than 1100 hours Washington, DC time on Monday, June 28, 2004
and are to remain valid through close of business Washington, DC time on
July 01, 2004. If a fax offer begins to print before 1100 hours
Washington, DC time and continues past that time, charterers will
consider the offer as received on time. For "subject open" offers to be
considered by Charterers, the "subject open" must be lifted by 1100
hours Washington, DC time on June 29, 2004.

25. Charterers reserve the right to accept or reject any or all offers.

26. Total brokerage commission is 2.5% payable by owners on gross
freight. If offered direct, 2.5% to Panalpina, Inc., if offered through
a broker 2/3 of 2.5 % to Panalpina, Inc. and 1/3 of 2.5 % to owner's
broker.

For further information please call Panalpina, Inc. at (703) 471-6480 x
317. END


Last modified: Monday, April 14, 2008 06:13:23 PM