Guyana Award02-011

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Food for Progress Wheat in Bulk Freight Tender dated July 11, 2002

USDA Reference No: IFB NO. GY-FFP-02-11

Award

Commodity: Wheat in Bulk
MT : 7,000 MT
Pack Size: Bulk
Load Port: Myrtle Grove, LA
Date at US Port:: August 2/11, 2002
Discharge Port: Georgetown, Guyana
Owner/Carrier: Moby Marine
Vessel/Flag: Barge CHRISTINA & Tug MISS CLOE U.S. flag
Booked Rate/GMT: $88.89 GMT Ocean 

Tender

Charrier, Gibson and Associates, Inc., on behalf of the Government of the Republic of Guyana, Washington, D.C. requests offers of geared or gearless U.S. and non-U.S. flag vessels on the basis of full or part cargo(es) or liner shipment(s) for the carriage of bulk wheat under the Food for Progress program IFB NO. GY-FFP-02-011 on the following basis:

1. Cargo:

- Approximately 3,000 metric tons HRW wheat in bulk.
- Approximately 4,000 metric tons NS/DNS wheat in bulk.
-Cargo quantities will be contracted on a min/max basis.
-These cargoes to be stowed in holds devoted exclusively to each cargo with no mixing of the different types / classes. If artificial bulkhead required same to be at owners time, risk and expense and to be built to charterers surveyors / NCB satisfaction.
-Vessel owners and brokers should offer vessels to carry a range of tonnages in the event that the quantities purchased are less than the quantity stated in the IFB or more than one bottom is required to lift each quantity purchased.
- Any additional completion cargoes must be duly separated and must be compatible, and non-injurious to the Government of Guyana cargo(es), and must be stated in the offer or approved by Charterers / USDA if contracted after fixing Government of Guyana cargo(es). Vessels itinerary and geographical proximity of completion cargo(es) will be taken into consideration by Charterers / USDA in considering approval of such part cargo(es) in order not to unduly impede delivery of cargo to the Republic of Guyana.

2. Laydays: August 2/11, 2002

-Owners will be required to submit a 14 day pre-advice of vessels ETA at the first or sole load port to the offices of Charrier, Gibson & Assoc., Inc. prior to 1100 hours Washington, DC time on a business day to be considered received on that day. If the pre-advice is received after 1100 hours Washington, DC time on any business day, weekend or holiday, the pre-advice will be considered received on the next business day.
-Offers with laydays beyond canceling date will not be considered.

3. Load Port: 1/2 Safe Berths each 1/2 Safe U.S. Ports including U.S. Great Lakes ports. The Greater New Orleans/ Mississippi River area, including but not north of Baton Rouge, shall be considered as one port. Columbia River District including Portland to be considered as one port. San Francisco Bay Area including Sacramento and Stockton to be considered as one port. For offers basis U.S. Great Lakes utilizing feeder vessels, offers are to include name and description of feeder vessels. Offerors should specify U.S. coastal range or ranges and / or load ports which are applicable to their offer.

4. Discharge Port: National Milling Company Jetty, Georgetown (Demerara), Guyana. Discharge port restrictions: Maximum SWAD of vessel: 17 feet; Maximum BEAM of vessel: 70 feet; Maximum LOA of vessel: 350 feet. However, vessels of larger size can be accommodated provided shifting and turning of vessel and lightening, if necessary, to be for owner's time, risk and expense. Vessel to lay aground as is customary at the NAMILCO jetty. Owners are to verify and assume responsibility for vessel's safe draft in entering / exiting port and placing vessel alongside / sailing from discharging berth.

5. Load Terms/Rate: Vessel load at the average rate listed below based on the vessel's contracted quantity. The rates are basis metric tons of 2,204.6 pounds per weather working day of 24 consecutive hours, Saturdays (as per clause 18(e) of the proforma Charter Party), Sundays and holidays excepted, unless used in which case actual time used to count as laytime.

-Bulkcarriers: Vessel Contracted Quantity: Loading Guarantee:

0 - 9,999 MT 4,000 MT per day
10,000 - 19,999 MT 5,000 MT per day
-Tankers (Provided that the vessel can accept and stow/trim at these rates):

Vessel Contracted Quantity: Loading Guarantee:
0 - 9,999 MT 4,000 MT per day
10,000 - 19,999 MT 5,000 MT per day

-Tweendeckers / Multideckers (including liners) : Loading Guarantee will be 3,000 MT per day.
-Lash / Seabee barges: The Loading Guarantee will not apply.
-Cargo to be loaded, stowed and trimmed at the Owners' expense.

6. Discharge Terms: Free out at the average rate of 1,000 metric tons for bulkcarriers and 800 metric tons for tankers, multi-deckers (including liners) and bulkcarriers in excess of the above specified port restrictions, weather working day of 24 consecutive hours, Saturdays (as per clause 18(e) of the proforma Charter Party), Sundays and holidays excepted, even if used.

7. Ocean freight rate to be quoted per metric ton basis one load port to one discharge port with quotation of additional freight, if any, for additional load port(s) if used. Any additional costs to be stated separately. Demurrage / despatch rate to be quoted. Laytime to be non-reversible. Offers with premiums for additional load / discharge berths will not be considered.

8. 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, 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 cargoes advertised in this IFB are government impelled (preference) cargoes, offeror must warrant that vessel(s) and owner / operator are not disqualified to carry such government impelled (preference) cargo(es).

9. Tug and barge combination will not be considered if offered as a tandem tow or a double tow. Foreign flag vessels must be classed highest in Lloyds register or its equivalent.

10. Owner is to guarantee that vessel is suitable for pneumatic discharge and is to tender clear of sweat battens. No cargo is to be loaded in deeptanks, bunkers or other compartments not easily accessible to pneumatic discharge.

11. Vessel to have mechanical or hydraulic hatch covers. Geared vessels to be fully geared with minimum lifting capacity of 5 tons per hatch. Gearless vessels or vessels with less than 5 ton gear must supply discharging equipment to efficiently maintain the above guaranteed discharge rate. Owners to provide rain tents for all hatches in which cargo is loaded.

12. For U.S. non-liner vessels whose date of original construction exceeds 15 years from date of fixture, one-way rates must be quoted in addition to round trip rates.

13. Extra insurance on account of vessel's age, flag, ownership, configuration, classification, will be for owner's account, but not exceeding New York's market rates for U.S. flag vessels and London market rates for non-U.S. flag vessels. Any extra insurance premium on ocean going tug/barge will be for owners account, but not exceeding New York's market rates for U.S. flag vessels and London market rates for non-U.S. flag vessels. Owner of tug/barge must also have tow arrangement duly inspected and certified by Salvage Association, if applicable, otherwise by competent independent surveyor/inspector at owner's expense.

14. Vessels 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 load port, commodity supplier(s) to 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 bulkcarriers (including push-mode ITB) the recirculation method of fumigation will be used. For tankers and tug / barges other than push mode ITBs, surface application will be used.

Tweendeck vessels will be considered provided they are acceptable for in-transit fumigation in accordance with FGIS Fumigation Handbook. Offers of such tweendeck 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, tweendeck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be 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 the cargo and/or vessel is found to be infested , and provided clean bills of lading were issued, fumigation costs, if any, are to be for the vessel owners account.

15. U.S. Flag approved freight rate will be reduced to a level no higher than the Maritime Administration fair and reasonable rate in the event that approved vessel is substituted by a lower cost vessel (including tug and/or barge).

16. Only clean offers of named vessels will be considered. Offerors are encouraged to include usual information such as owner's full style and full vessel particulars including flag, year built, DWT, LOA, beam, draft, class, speed, grain cubic capacity, holds (intended for stowage and configuration), hatches, gear and vessel itinerary.

Owners warrant that vessel is classified with a member of the International Association of Classification Societies and will remain in class during the duration of this Charter Party. Owners warrant that the vessel is fully covered by a P&I Club that is a member of the International Group of P&I Clubs for the duration of this Charter Party. Owners warrant that the vessel is suitable for the carriage of this cargo and in full compliance with all applicable load and discharge port / berth regulations / restrictions.

17. If owners fail to tender the contracted vessel, or substitute approved by USDA / Charterers, and same is not accepted within the laydays, whether or not the option to cancel is exercised, Owners are to be fully responsible for all charges attributable to the failure to tender and be accepted before the canceling date of the charter, including but not limited to the grain carrying charges covering interest, inspection, storage, insurance and fumigation, and excess freight or re-procurement costs.

18. Substitution vessel not permitted without USDA / Charterers prior written approval. Any vessel substitute shall be of the same type, class, approximate size, speed and with same laydays.

19. Freight payment of 100 percent will be made in accordance with the terms of the Proforma Charter Party upon vessel's arrival at first or sole port of discharge. Please note provision in the proforma Charter Party Clause 48 regarding payment by electronic transfer.

20. Non-vessel operating common carriers (NVOCC) may not be employed to carry U.S./foreign flag shipments. Transshipment is prohibited.

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

22. For U.S. flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to a reduction to meet any revised U.S. Maritime Administration freight rate guideline due to vessel loading other additional cargo.

23. Owners to provide additional NCB certifications evidencing that vessel hatch covers and any other openings leading to cargo compartments have been sealed to prevent any outside water entering the cargo compartments.

24. Owners to guarantee that performing vessel fully complies with 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 the vessels employment under this Charter Party. Owners are to provide Charterers with satisfactory evidence of compliance if so required 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.

25. Charrier, Gibson and Associates, Inc. to receive a minimum agency commission of 2/3 of 2.5 percent. Maximum commission allowable on this fixture to be 2.5 percent. The commission structure (if any beyond CGA) to be stated clearly in the offer.

26. Offers are due no later than 1100 hours Washington, D.C. time, July 16, 2002, and must remain valid through 1800 hours, July 19, 2002, Washington, D.C. time. Offers are to be received by sealed letter or telex or telefax or telegram at the offices of Charrier, Gibson and Associates, Inc. For telex and telefax offers, charterers will not consider offers which have not connected to CGA's telex or telefax machines by the time specified above. Offers subject open will only be considered when subject open restriction is lifted prior to 1100 hours Washington, DC time on July 17, 2002. 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 an offer.

27. U.S. and foreign flag offers will be opened and read in public at the offices of CGA, 1000 Thomas Jefferson Street, N.W., Suite 500, Washington, D.C., as agents for the Government of the Republic of Guyana. Charterers will only consider offers which are responsive to this tender. For all offers, no negotiation shall be permitted. Late offers will not be accepted. No phone offers will be accepted.

28. Full terms and conditions of Guyana Food for Progress / Section 416(b) Proforma Charter Party (NORGRAIN) (revised July 2000) with logical alterations as stated in this invitation for offers to apply.

29. All offers and subsequent awards are subject to the U.S. Agricultural Commodity Foreign Donation agreement with the Government of the Republic of Guyana and the regulations governing the Food for Progress / Section 416(b) programs. All fixtures are subject to USDA approval.

30. For additional information or proforma Charter Party, please contact the offices of Charrier, Gibson and Associates, Inc., 1000 Thomas Jefferson Street, N.W., Suite 500, Washington, D.C. Telephone: (202) 333-1303. Telex: MCI:6506696786. Fax: (202) 333-5755. Internet: www.cgashipping.com

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