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Award May 24, 2004
04-014B
Fettig & Donalty, Inc announce results of FFP
freight tender for bulk
soybeans to Pakistan (FFP 04-014B)
IFB AF-CNFA-FFP-04-014B
VESSEL: "OVERSEAS HARRIETTE" - US FLAG
CARGO: 11,000 MT MIN/MAX BULK SOYBEANS
LOADING: 1/2 SP US GULF
LAYDAYS: JUNE 4-14, 2004
DISCHARGING: 1/2 SB PT QASIM PAKISTAN
FREIGHT RATE: USD 188.88 PER MT
ADD USD 5.50 PER MT FOR 2ND LOADPORT
LOAD TERMS: 5,000 MT PD GROSS LOAD
DISCHARGE TERMS: 5,000 MT PD FREE OUT
DEMURRAGE: USD 16,500/HD AT LOAD
USD 15,000/HD AT DISCHARGE
FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC AT
202-628-5700.
04-014 Re-Tender
May 20, 2004
FETTIG & DONALTY, INC ANNOUNCE FFP FREIGHT RETENDER FOR BULK SOYBEANS TO
PAKISTAN
FREIGHT RE-TENDER FOR BULK SOYBEANS TO PAKISTAN
IFB NUMBER - AF-CNFA-FFP-04-014B
CNF1
FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR CITIZEN’S NETWORK
FOR FOREIGN AFFAIRS (CNFA), ANNOUNCE A FREIGHT RE-TENDER, UNDER THE FOOD FOR
PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS AS FOLLOWS: (OCEAN
GOING TOW BARGES NOT INCLUDING INTEGRATED TUG/BARGES (ITB’S) ARE EXCLUDED.
TANKERS ARE EXCLUDED):
COMMODITY: YELLOW SOYBEANS IN BULK
QUANTITY: APPROX 11,000 MT SOYBEANS IN BULK
CONTRACTED QUANTITY TO BE ON A MINIMUM/MAXIMUM BASIS.
LAYDAYS: JUNE 4-14, 2004
OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES TO
ACCOMMODATE THE PROGRAM NEEDS.
OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT
HAVE THE RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL.
VESSELS OFFERED WITH LAYDAYS / CANCELING BEYOND THOSE SPECIFIED
ABOVE WILL NOT BE CONSIDERED.
IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES MUST
BE DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO CHARTERER’S
CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF
CONTRACTED AFTER FIXTURE OF CHARTERER’S CARGO. VESSEL’S ITINERARY AND
GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO
CONSIDERATION BY CHARTERERS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER
NOT TO UNDULY IMPEDE DELIVERY OF CARGO TO CHARTERER’S. NATURAL SEPARATIONS
ARE PREFERRED. IF ARTIFICIAL SEPARATIONS OF PART CARGO, SAME TO BE APPROVED
BY NCB PRIOR TO LOADING.
IF VESSEL FIXED BASIS PART CARGO, ANY PART CARGO TO BE LOADED PRIOR TO CNFA
PAKISTAN CARGO OR AT THE SAME LOADPORT AS CNFA PAKISTAN CARGO AND CNFA
PAKISTAN CARGO TO BE FIRST OUT. OFFERS THAT DO NOT CONFORM TO THE TERMS OF
THIS TENDER WILL BE CONSIDERED NON-RESPONSIVE.
NON-U.S. FLAG VESSELS MUST NOT BE OLDER THAN 25 YEARS AND MUST BE CLASSED
HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT
REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL’S AGE,
CLASS, TYPE, FLAG, OWNERSHIP OR CONFIGURATION WILL BE FOR OWNERS ACCOUNT,
BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U. S. FLAG VESSELS AND LONDON
MARKET RATES FOR NON U.S. FLAG VESSELS.
VESSEL TO PROVIDE MINIMUM 14 DAYS PREADVICE OF VESSELS' READINESS
TO LOAD. SUCH PRE-ADVICE TO BE GIVEN NOT LATER THAN 1100 HRS ON THE DAY OF
SAID NOTICE.
-
LOADING: 1/2 SB EACH, 1 /2 SAFE PORT(s) U.S. PORTS; THE FOLLOWING AREAS ARE
TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:
MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE
COLUMBIA RIVER DISTRICT, INCLUDING PORTLAND
SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO
DISCHARGING: 1/2 SAFE BERTHS, PT. QASIM, PAKISTAN.
WITHOUT GUARANTEE, VESSEL PORT RESTRICTIONS: MAX LOA: 225M, DFT: 10.5M,
BEAM: 32.5M.
PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE PORT AUTHORITY AT PT.
QASIM. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING DISCHARGE PORT WITH A
PERMISSABLE DRAFT AND WITHIN PORT RESTRICTIONS.
VESSELS DEVIATING FROM THE ABOVE LIMITATIONS WILL BE CONSIDERED BASIS FULL
OR PARTIAL LIGHTENING AT OWNER’S TIME RISK AND EXPENSE. ANY LIGHTENING TO BE
ACCOMPLISHED IN THE TERRITORIAL WATERS OF PAKISTAN. ANY DAUGHTER VESSEL
MUST BE A BULK CARRIER, CERTIFIED FIT FOR RECEIPT AND CARRIAGE OF THE BULK
SOYBEANS BY A FIRST CLASS INDEPENDENT SURVEYOR, AND MEETING PORT’S DRAFT/LOA
RESTRICTIONS
IN THE EVENT OF FULL LIGHTENING, LAYTIME TO COMMENCE AT 0800 HRS. NEXT DAY
AFTER DAUGHTER VESSEL HAS PRESENTED NOTICE OF READINESS TO DISCHARGE.
IN THE EVENT OF PARTIAL LIGHTENING, VESSEL WILL NOT BE CONSIDERED READY
UNTIL OWNER HAS ARRANGED LIGHTENING AND VESSEL REACHES SAFE DRAFT. ALL TIME
LOST BEFORE VESSEL REACHES A SAFE DRAFT, WILL NOT COUNT AS LAYTIME USED.
LAYTIME IS NOT TO COMMENCE PRIOR TO 0800 ON THE NEXT WORKING DAY FOLLOWING
COMPLETION OF PARTIAL LIGHTENING AND PRESENTATION OF VALID NOTICE OF
READINESS TO DISCHARGE. MOTHER VESSEL AND LIGHTER(S) TO TAKE TURNS AT
DISCHARGE AND TIME ON SECOND AND SUBSEQUENT VESSELS NOT TO COUNT UNTIL
PREVIOUS VESSEL IS COMPLETED DISCHARGING.
IF OWNER INTENDS TO LIGHTEN, THE OFFER SHOULD SPECIFY THE COST OF
LIGHTENING, WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING IS
NOT PERFORMED AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH,
USDA WILL DEDUCT COST OF LIGHTENING FROM OCEAN FREIGHT.
VESSEL TO PROVIDE 10, 7, 3, 2, 1, DAYS ETA NOTICE AT DISCHARGE PORT.
FREIGHT RATE: TO BE QUOTED PER METRIC TON VESSEL LOAD/FREE OUT DISCHARGE
BASIS ONE LOADPORT TO ONE DISCHARGE PORT.
FREIGHT PAYMENT:
100% PAYABLE IN ACCORDANCE WITH CHARTER PARTY TERMS. PLEASE NOTE PROVISION
IN CHARTER PARTY REGARDING PAYMENT BY ELECTRONIC TRANSFER.
TERMS AND CONDITIONS:
LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH
CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON
VESSEL'S CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER
WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED,
EVEN IF USED. SATURDAYS AS PER BFC SATURDAY CLAUSE.
BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -------------------------
10,000 - 19,999.99 MT 5,000 MT PER DAY
TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.
DISCHARGE TERMS:
CARGO IS TO BE DISCHARGED FREE OUT AT THE AVERAGE RATE OF 5,000 MT OF
2,204.6 LBS. PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND
HOLIDAYS EXCLUDED, EVEN IF USED. TIME WILL COMMENCE TO COUNT FOR DISCHARGE
AT 0800 HOURS THE NEXT WORKING DAY AFTER MASTER OF THE VESSEL, OR HIS AGENT,
HAS FILED, DURING OFFICIAL WORKING HOURS, THE NOTICE OF READINESS TO
DISCHARGE TO THE RECEIVER OR HIS NOMINATED AGENT. LAYTIME WILL COMMENCE AT
0800 HOURS THE NEXT WORKING DAY WHETHER VESSEL IS IN BERTH OR NOT. IN THE
EVENT THE PORT IS CONGESTED, MASTER OF THE VESSEL, OR HIS AGENT, MAY FILE
THE NOTICE OF READINESS ONCE VESSEL ARRIVES AT PORT ANCHORAGE AND LAYTIME
WILL COMMENCE AT 0800 HOURS THE NEXT WORKING DAY.
CHARTERERS/RECEIVERS TO APPOINT AND PAY FOR STEVEDORES AT DISCHARGE.
OWNERS TO APPOINT AND PAY CHARTERER’S NOMINATED AGENTS AT DISCHARGE PORT.
HOWEVER, AGENCY FEES NOT TO EXCEED CUSTOMARY APPLICABLE FEES.
OWNERS TO SPECIFY DEM/DES RATES IN OFFER. DESPATCH RATES MUST BE ONE-HALF OF
DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.
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 AUGUST 1, 1988) CLAUSES NO. 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 CCC OR
CHARTERERS 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.
DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN
CHARTERERS AND VESSEL OWNERS.
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 TWEENDECKERS 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 FGIS,
USDA, STATING THAT THE VESSEL CAN BE FUMIGATED UNDER THE FGIS IN-TRANSIT
FUMIGATION PROCEDURES.
AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT INSPECTORS, IF CARGO
AND/OR VESSEL IS FOUND TO BE INFESTED, AND PROVIDED CLEAN BILL(S) OF LADING
WERE ISSUED, FUMIGATION COSTS IF ANY ARE FOR OWNER’S (VESSEL’S) ACCOUNT,
TIME TO COUNT FOR U.S. FLAG VESSELS, BUT NOT TO COUNT FOR NON-U.S. FLAG
VESSELS.
OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE
VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH
THE VESSEL'S COSTS PRIOR TO SUBMISSION OF THE OFFER.
MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL
HATCHES ARE REQUIRED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY
VESSEL’S CREW FREE OF CHARGE TO CHARTERERS.
NO CARGO TO BE LOADED INTO DEEP TANKS AND WING TANKS TO BE BLEEDABLE INTO
MAIN HOLDS.
VESSELS OVER 15 YEARS OF AGE AND ITB'S / TUG-BARGE TO PROVIDE ADDITIONAL
CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY
OTHER OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO
PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.
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 OWNERS’
ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS’
LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO. TUG/BARGE TOW ARRANGEMENTS
TO BE INSPECTED/CERTIFIED BY THE SALVAGE ASSOCIATION PRIOR TO LOADING, AT
OWNERS’ TIME RISK AND EXPENSE. COPY OF SAID CERTIFICATE TO BE SUBMITTED TO
CHARTERERS’ AGENT AT TIME OF TENDER OF NOTICE TO LOAD.
U. S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL WILL NOT BE
CONSIDERED. IF MARAD APPROVAL OF VESSEL IS REQUIRED, SAME MUST BE
OBTAINED PRIOR TO SUBMISSION OF OFFER.
U.S. FLAG APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO
HIGHER THAN THE U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE
RATE IN THE EVENT THAT THE ORIGINAL APPROVED VESSEL (INCLUDING
ITB’S) IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S. GOVERNMENT.
FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE LESS
THAN FULL CARGO RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY
REVISED MARAD FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER
ADDITIONAL CARGO.
NON VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED
TO CARRY U. S. OR FOREIGN FLAG SHIPMENTS.
U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN
ALTERNATIVE FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL
IS EITHER SCRAPPED OR VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER
OWNER AFTER DISCHARGE AT DESTINATION, BUT PRIOR TO ITS RETURN TO
THE UNITED STATES.
OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:
NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM,
FULLY LOADED DRAFT, GEAR, SPEED, AND NO. OF HOLDS/HATCHES.
ALL OFFERS TO BE MADE BASIS THE TERMS AND CONDITIONS AS PER
CNFA PROFORMA CHARTER PARTY BULK GRAIN 5/04, (COPIES OF WHICH ARE AVAILABLE
ON REQUEST) WHICH CONTAINS THE FOLLOWING CLAUSE:
QUOTE
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 THIS IS PREFERENCE CARGO, OWNERS HEREBY WARRANT THAT
VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THIS CARGO.
UNQUOTE
OWNERS GUARANTEE THAT THIS VESSEL COMPLIES THE INTERNATIONAL SAFETY
MANAGEMENT (ISM) CODE, 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. OWNERS ARE TO PROVIDE
CHARTERERS 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 MATTER ARISING IN CONNECTION WITH THIS
VESSEL AND THE ISM CODE.
FOR U.S AND NON-U.S. FLAG VESSELS ONLY FIRM OFFERS WILL BE CONSIDERED.
COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT AND DEMURRAGE TO
CHARTERERS AGENT, IF OFFERED DIRECT. IF BROKER INVOLVED, 2/3 OF
2.5% TO CHARTERERS AGENT AND 1/3 OF 2.5% TO BROKER.
THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT
OFFERS.
ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE
CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME.
LATE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY
LETTER OR TELEFAX TO:
FETTIG & DONALTY, INC.
1225 EYE STREET, NW SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE RULES AND
REGULATIONS OF THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO
USDA APPROVAL.
OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS WASHINGTON DC TIME
MAY 20, 2004 FOR REPLY BY 1700 HRS MAY 21, 2004. IF A FAX OFFER BEGINS TO
PRINT BEFORE 1100 HRS AND CONTINUES TO PRINT PAST THAT TIME THE OFFER WILL
BE CONSIDERED TO HAVE BEEN RECEIVED ON TIME.
ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. AT THE ABOVE TIME. ONLY OFFERS WHICH ARE
RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO
NEGOTIATION WILL BE PERMITTED.
FOR FURTHER INFORMATION, CONTACT FETTIG & DONALTY AT 202 628 5700
FETTIG & DONALTY, INC.
AS AGENTS FOR CITIZEN’S NETWORK FOR FOREIGN AFFAIRS
ISSUED: MAY 19, 2004
04-014B Tender
May 12, 2004
FETTIG & DONALTY, INC ISSUE FFP FREIGHT TENDER FOR BULK SOYBEANS TO PAKISTAN
FREIGHT TENDER FOR BULK SOYBEANS TO PAKISTAN
IFB NUMBER - AF-CNFA-FFP-04-014B
CNF1
FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR CITIZEN’S NETWORK
FOR FOREIGN AFFAIRS (CNFA), ANNOUNCE A FREIGHT TENDER, UNDER THE FOOD FOR
PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS AS FOLLOWS: (OCEAN
GOING TOW BARGES NOT INCLUDING INTEGRATED TUG/BARGES (ITB’S) ARE EXCLUDED.
TANKERS ARE EXCLUDED):
COMMODITY: YELLOW SOYBEANS IN BULK
QUANTITY: APPROX 11,000 MT SOYBEANS IN BULK
CONTRACTED QUANTITY TO BE ON A MINIMUM/MAXIMUM BASIS.
LAYDAYS: JUNE 4-14, 2004
OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES TO
ACCOMMODATE THE PROGRAM NEEDS.
OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT
HAVE THE RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL.
VESSELS OFFERED WITH LAYDAYS / CANCELING BEYOND THOSE SPECIFIED
ABOVE WILL NOT BE CONSIDERED.
IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES MUST
BE DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO CHARTERER’S
CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF
CONTRACTED AFTER FIXTURE OF CHARTERER’S CARGO. VESSEL’S ITINERARY AND
GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO
CONSIDERATION BY CHARTERERS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER
NOT TO UNDULY IMPEDE DELIVERY OF CARGO TO CHARTERER’S. NATURAL SEPARATIONS
ARE PREFERRED. IF ARTIFICIAL SEPARATIONS OF PART CARGO, SAME TO BE APPROVED
BY NCB PRIOR TO LOADING. CNFA PAKISTAN CARGO TO BE LAST IN / FIRST OUT.
NON-U.S. FLAG VESSELS SHOULD NOT BE OLDER THAN 20 YEARS AND MUST NOT BE
OLDER THAN 25 YEARS AND MUST BE CLASSED HIGHEST LLOYDS REGISTER OR
EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY
EXTRA INSURANCE ON ACCOUNT OF VESSEL’S AGE, CLASS, TYPE, FLAG, OWNERSHIP OR
CONFIGURATION WILL BE FOR OWNERS ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET
RATES FOR U. S. FLAG VESSELS AND LONDON MARKET RATES FOR NON U.S. FLAG
VESSELS.
VESSEL TO PROVIDE MINIMUM 14 DAYS PREADVICE OF VESSELS' READINESS
TO LOAD. SUCH PRE-ADVICE TO BE GIVEN NOT LATER THAN 1100 HRS ON THE DAY OF
SAID NOTICE.
-
LOADING: 1/2 SB EACH, 1 /2 SAFE PORT(s) U.S. PORTS; THE FOLLOWING AREAS ARE
TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:
MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE
COLUMBIA RIVER DISTRICT, INCLUDING PORTLAND
SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO
DISCHARGING: 1/2 SAFE BERTHS, PT. QASIM, PAKISTAN.
WITHOUT GUARANTEE, VESSEL PORT RESTRICTIONS: MAX LOA: 225M, DFT: 10.5M,
BEAM: 32.5M.
PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE PORT AUTHORITY AT PT.
QASIM. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING DISCHARGE PORT WITH A
PERMISSABLE DRAFT AND WITHIN PORT RESTRICTIONS. LIGHTENING IS NOT PERMITTED.
VESSEL TO PROVIDE 10, 7, 3, 2, 1, DAYS ETA NOTICE AT DISCHARGE PORT.
FREIGHT RATE: TO BE QUOTED PER METRIC TON VESSEL LOAD/FREE OUT DISCHARGE
BASIS ONE LOADPORT TO ONE DISCHARGE PORT.
FREIGHT PAYMENT:
100% PAYABLE IN ACCORDANCE WITH CHARTER PARTY TERMS. PLEASE NOTE PROVISION
IN CHARTER PARTY REGARDING PAYMENT BY ELECTRONIC TRANSFER.
TERMS AND CONDITIONS:
LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH
CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON
VESSEL'S CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER
WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED,
EVEN IF USED. SATURDAYS AS PER BFC SATURDAY CLAUSE.
BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -------------------------
10,000 - 19,999.99 MT 5,000 MT PER DAY
TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.
DISCHARGE TERMS:
CARGO IS TO BE DISCHARGED FREE OUT AT THE AVERAGE RATE OF 5,000 MT OF
2,204.6 LBS. PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND
HOLIDAYS EXCLUDED, EVEN IF USED. TIME WILL COMMENCE TO COUNT FOR DISCHARGE
AT 0800 HOURS THE NEXT WORKING DAY AFTER MASTER OF THE VESSEL, OR HIS AGENT,
HAS FILED, DURING OFFICIAL WORKING HOURS, THE NOTICE OF READINESS TO
DISCHARGE TO THE RECEIVER OR HIS NOMINATED AGENT. LAYTIME WILL COMMENCE AT
0800 HOURS THE NEXT WORKING DAY WHETHER VESSEL IS IN BERTH OR NOT. IN THE
EVENT THE PORT IS CONGESTED, MASTER OF THE VESSEL, OR HIS AGENT, MAY FILE
THE NOTICE OF READINESS ONCE VESSEL ARRIVES AT PORT ANCHORAGE AND LAYTIME
WILL COMMENCE AT 0800 HOURS THE NEXT WORKING DAY.
CHARTERERS/RECEIVERS TO APPOINT AND PAY FOR STEVEDORES AT DISCHARGE.
OWNERS TO APPOINT AND PAY CHARTERER’S NOMINATED AGENTS AT DISCHARGE PORT.
HOWEVER, AGENCY FEES NOT TO EXCEED CUSTOMARY APPLICABLE FEES.
OWNERS TO SPECIFY DEM/DES RATES IN OFFER. DESPATCH RATES MUST BE ONE-HALF OF
DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.
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 AUGUST 1, 1988) CLAUSES NO. 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 CCC OR
CHARTERERS 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.
DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN
CHARTERERS AND VESSEL OWNERS.
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 TWEENDECKERS 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 FGIS,
USDA, STATING THAT THE VESSEL CAN BE FUMIGATED UNDER THE FGIS IN-TRANSIT
FUMIGATION PROCEDURES.
AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT INSPECTORS, IF CARGO
AND/OR VESSEL IS FOUND TO BE INFESTED, AND PROVIDED CLEAN BILL(S) OF LADING
WERE ISSUED, FUMIGATION COSTS IF ANY ARE FOR OWNER’S (VESSEL’S) ACCOUNT,
TIME TO COUNT FOR U.S. FLAG VESSELS, BUT NOT TO COUNT FOR NON-U.S. FLAG
VESSELS.
OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE
VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH
THE VESSEL'S COSTS PRIOR TO SUBMISSION OF THE OFFER.
MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL
HATCHES ARE REQUIRED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY
VESSEL’S CREW FREE OF CHARGE TO CHARTERERS.
NO CARGO TO BE LOADED INTO DEEP TANKS AND WING TANKS TO BE BLEEDABLE INTO
MAIN HOLDS.
VESSELS OVER 15 YEARS OF AGE AND ITB'S / TUG-BARGE TO PROVIDE ADDITIONAL
CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY
OTHER OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO
PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.
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 OWNERS’
ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS’
LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO. TUG/BARGE TOW ARRANGEMENTS
TO BE INSPECTED/CERTIFIED BY THE SALVAGE ASSOCIATION PRIOR TO LOADING, AT
OWNERS’ TIME RISK AND EXPENSE. COPY OF SAID CERTIFICATE TO BE SUBMITTED TO
CHARTERERS’ AGENT AT TIME OF TENDER OF NOTICE TO LOAD.
U. S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL WILL NOT BE
CONSIDERED. IF MARAD APPROVAL OF VESSEL IS REQUIRED, SAME MUST BE
OBTAINED PRIOR TO SUBMISSION OF OFFER.
U.S. FLAG APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO
HIGHER THAN THE U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE
RATE IN THE EVENT THAT THE ORIGINAL APPROVED VESSEL (INCLUDING
ITB’S) IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S. GOVERNMENT.
FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE LESS
THAN FULL CARGO RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY
REVISED MARAD FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER
ADDITIONAL CARGO.
NON VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED
TO CARRY U. S. OR FOREIGN FLAG SHIPMENTS.
U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN
ALTERNATIVE FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL
IS EITHER SCRAPPED OR VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER
OWNER AFTER DISCHARGE AT DESTINATION, BUT PRIOR TO ITS RETURN TO
THE UNITED STATES.
OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:
NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM,
FULLY LOADED DRAFT, GEAR, SPEED, AND NO. OF HOLDS/HATCHES.
ALL OFFERS TO BE MADE BASIS THE TERMS AND CONDITIONS AS PER
CNFA PROFORMA CHARTER PARTY BULK GRAIN 5/04, (COPIES OF WHICH ARE AVAILABLE
ON REQUEST) WHICH CONTAINS THE FOLLOWING CLAUSE:
QUOTE
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 THIS IS PREFERENCE CARGO, OWNERS HEREBY WARRANT THAT
VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THIS CARGO.
UNQUOTE
OWNERS GUARANTEE THAT THIS VESSEL COMPLIES THE INTERNATIONAL SAFETY
MANAGEMENT (ISM) CODE, 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. OWNERS ARE TO PROVIDE
CHARTERERS 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 MATTER ARISING IN CONNECTION WITH THIS
VESSEL AND THE ISM CODE.
FOR NON-U.S. FLAG VESSELS, ONLY FIRM OFERS WILL BE CONSIDERED. U.S FLAG
OFFERS THAT ARE “SUBJECT OPEN” WILL ONLY BE CONSIDERED WHEN THE “SUBJECT
OPEN” RESTRICTION IS LIFTED PRIOR TO 1000 HRS WASHINGTON DC TIME MAY 19,
2004
COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT AND DEMURRAGE TO
CHARTERERS AGENT, IF OFFERED DIRECT. IF BROKER INVOLVED, 2/3 OF
2.5% TO CHARTERERS AGENT AND 1/3 OF 2.5% TO BROKER.
THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT
OFFERS.
ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE
CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME.
LATE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY
LETTER OR TELEFAX TO:
FETTIG & DONALTY, INC.
1225 EYE STREET, NW SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE RULES AND
REGULATIONS OF THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO
USDA APPROVAL.
OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS WASHINGTON DC TIME
MAY 17, 2004 FOR REPLY BY 1700 HRS MAY 20, 2004. IF A FAX OFFER BEGINS TO
PRINT BEFORE 1100 HRS AND CONTINUES TO PRINT PAST THAT TIME THE OFFER WILL
BE CONSIDERED TO HAVE BEEN RECEIVED ON TIME.
ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. AT THE ABOVE TIME. ONLY OFFERS WHICH ARE
RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO
NEGOTIATION WILL BE PERMITTED.
FOR FURTHER INFORMATION, CONTACT FETTIG & DONALTY AT 202 628 5700
FETTIG & DONALTY, INC.
AS AGENTS FOR CITIZEN’S NETWORK FOR FOREIGN AFFAIRS
ISSUED: MAY 12, 2004
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