Bulgaria Award02-006

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IFB Bulgaria ARC FFP 02-006

Award

FETTIG AND DONALTY, INC., AS AGENTS FOR AMERICAN RED CROSS TENDER RESULTS FOR FFP CARGO OF: 3000 MT SOYBEAN MEAL IN BULK TO VARNA, BULGARIA
VESSEL: "COMMANDER" 
OWNER: UNISHIPPING
LAYCAN: APR 22- MAY 01, 2002
RATE: USD 51.94 PER MT

Freight Tender, Food for Progress, Bulk Soybean Meal for Bulgaria

IFB NUMBER - BUL/ARC-FFP-02-006

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR AMERICAN RED CROSS, ANNOUNCE A FREIGHT TENDER FOR U.S. FLAG AND NON U.S. FLAG VESSELS (BULK CARRIERS, TWEENDECKERS, PUSH MODE ITB'S, AND OCEAN GOING TUG/BARGES ARE PERMISSIBLE. TANKERS ARE EXCLUDED.) AS FOLLOWS: 

COMMODITY: SOYBEAN MEAL, IN BULK

QUANTITY/LAYDAYS:
APPROX 3,000 MT SOYBEAN MEAL
APR 22- MAY 1, 2002
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. 

CONTRACTED QUANTITIES TO BE ON A MINIMUM/MAXIMUM BASIS.

NON U.S. FLAG VESSELS SHOULD NOT BE OLDER THAN 20 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 SAFE PORT U.S. GULF ; MISSISSIPPI RIVER, NOT NORTH OF BATON ROUGE, IS TO BE CONSIDERED AS ONE PORT.

DISCHARGING: 1/2 SAFE BERTHS, VARNA EAST, BULGARIA

FREIGHT RATE: TO BE QUOTED PER METRIC TON VESSEL LOAD/FREE OUT DISCHARGE BASIS ONE LOADPORT TO ONE DISCHARGE PORT. OFFERS REQUIRING ADDITIONAL CHARGES FOR ADDITIONAL LOAD BERTHS WILL NOT BE CONSIDERED.

IF OWNERS INTEND TO LIGHTEN, THE OFFER SHOULD SPECIFY THE COST OF LIGHTENING WHETHER PARTIAL OR FULL LIGHTENING. IF LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND VESSEL DIRECTLY DISCHARGES AT BERTH, USDA WILL DEDUCT THE LIGHTENING COST FROM THE OCEAN FREIGHT.

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

-------------------------- -----------------

0 - 9999.99 MT 4000 MT PER DAY

TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.

DISCHARGE TERMS: CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE TO THE VESSEL, AT THE AVERAGE RATE OF 1,500 MT OF 2204.6 LBS. FOR BULK CARRIERS, 1,000 MT OF 2204.6 LBS. FOR MULTI-DECKERS INCLUDING LINER VESSELS, PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED, EVEN IF USED, BASIS FIVE HOLDS, OR PRORATA. FOR LASH/SEABEE BARGES, THE DISCHARGE RATE NOT TO APPLY.

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. VESSELS LOADING SOYBEAN MEAL 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(S) 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 RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TUG BARGES OTHER THAN PUSH MODE ITB?S SURFACE APPLICATION 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.

IN ADDITION, TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND SUITABLE FOR FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER. 

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. 

GEAR REQUIREMENTS:

VESSELS MUST HAVE FULL WORKING GEAR FOR EACH HATCH AND MUST BE SUITABLE FOR CLAMSHELL DISCHARGE. GEARLESS VESSELS MUST PRESENT SUFFICIENT GEAR TO MAINTAIN THE GUARANTEED DISCHARGE RATE AND MUST MEET REQUIREMENTS / REGULATIONS OF THE VARNA PORT AUTHORITY. 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. 
NOTICE OF READINESS TO DISCHARGE MAY NOT BE TENDERED BEFORE VESSEL IS FULLY EQUIPPED WITH DISCHARGING EQUIPMENT. 
VACUVATOR DISCHARGE IS NOT PERMITTED. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT WITH A PERMISSIBLE DRAFT. OWNERS ARE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING PERMISSIBLE DRAFT. IN CASE PARTIAL LIGHTENING, LIGHTERAGE IS FOR OWNERS? TIME, RISK AND EXPENSE. DAUGHTER VESSEL(S) MUST BE SUITABLE FOR THE GRAIN TERMINAL. PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE PORT AUTHORITY OF VARNA. 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 OTHER TERMS AND CONDITIONS AS PER AMERICAN RED CROSS PROFORMA CHARTER PARTY BULK GRAIN 03/02, (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.

OFFERS ?SUBJECT OPEN? WILL ONLY BE CONSIDERED WHEN THE ?SUBJECT OPEN? RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME APR 4, 2002. 

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, NORTH WEST
SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276

ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE RULES AND REGULATIONS OF PL 480, AND FOOD FOR PROGRESS. ALL AWARDS WILL BE SUBJECT TO USDA APPROVAL. OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS WASHINGTON DC TIME APR 2, 2002 FOR REPLY BY 1700 HRS APR 5, 2002. 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 THAT 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 AMERICAN RED CROSS MARCH 28, 2002  

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