Guatemala Award02-014

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GUATEMALA PCI 416(b) CRS  02-014

Award

AUGUST 2, 2002

GUATEMALA FREIGHT TENDER - RESULTS - SECTION 416(B) - CRS
REQUEST#: GFE 52002-958

CARGO: 10,650 MT CORN IN BULK
FIXED W/ MORAN TOWING, INC.
VESSEL: PORTSMOUTH - US FLAG BULK CARRIER BARGE
LAYDAYS: AUGUST 15 - 25, 2002
LOAD: 1/2 SB EA 1/2 SP USG
DISCH: 1/2 SB PUERTO QUETZAL, GUATEMALA
FREIGHT RATE: $70.79 PMT
PLUS $5.00 PMT FOR SECOND L/P

Tender

Freight Tender: PCI,416(B),CRS,Guatemala,Corn

PACIFIC CARGOES, INC. (PCI), WASHINGTON, D.C., AS SUBCONTRACTOR TO FREIGHT
EXPEDITERS, AND ACTING FOR AND ON BEHALF OF CATHOLIC RELIEF SERVICES (CRS)
REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF BULK
CORN FINANCED UNDER THE SECTION 416(B) PROGRAM (GLOBAL FOOD FOR EDUCATION
INITIATIVE) ON THE FOLLOWING BASIS:
1. IFB NO. GT-CRS-416(B)-02-014

2. CARGO(ES): APPROXIMATELY 10,650 MT CORN IN BULK. CARGO QUANTITIES WILL
BE CONTRACTED ON MIN/MAX BASIS. OFFERORS SHOULD CONSIDER OFFERING VESSELS
TO CARRY A WIDE RANGE OF TONNAGES TO ACCOMODATE THE PROGRAM NEEDS.

3. LAYDAYS: AUGUST 15-25, 2002.

4. ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED, MUST BE
COMPATIBLE AND NON-INJURIOUS TO CRS CARGO(ES), MUST BE DETAILED IN OFFER OR
APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF CRS CARGO(ES).
VESSEL'S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE
TAKEN INTO CONSIDERATION BY CHARTERER/USDA IN APPROVAL OF SUCH PART
CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF CRS CARGO(ES) TO
DISCHARGE PORT. ANY ADDITIONAL PART CARGOES PROPOSED FOR APPROVAL AFTER THE
FREIGHT FIXTURE HAS BEEN CONFIRMED MAY BE SUBJECT TO A FREIGHT RATE
REDUCTIONS BY CHARTERER/USDA.

5. FOURTEEN (14) DAYS PREADVICE REQUIRED. DAILY VESSEL POSITION / STATUS
REPORTS REQUIRED. SEE PROFORMA CHARTER PARTY (C/P) CLAUSE 12 FOR FULL
DETAILS OF THESE TWO REQUIREMENTS.

6. OFFERS OF NAMED VESSELS ONLY; NO VESSEL SUBSTITUTION IS PERMITTED
WITHOUT CHARTERER'S/USDA'S APPROVAL. OFFERORS SHOULD SPECIFY IN THEIR
OFFER VESSEL'S PROPOSED ITINERARY WITH ETAS AT LOAD AND DISCHARGE PORTS.
VESSEL TYPE EXCLUSIONS: TANKERS ARE EXCLUDED. TWEENDECKERS WILL BE
CONSIDERED PROVIDED OWNERS PROVIDE PROOF, TO BE SUBMITTED WITH OFFER, THAT
THEY HAVE OBTAINED APPROVAL FROM THE PORT OF QUETZAL PORT AUTHORITY FOR
THIS CRS SHIPMENT.

7. LOAD PORT(S): 1/2 SAFE BERTHS EACH 1/2 SAFE U.S. PORT(S), INCLUDING
U.S. GREAT LAKES PORTS. OFFERORS SHOULD SPECIFY U.S. COASTAL RANGE OR
RANGES AND/OR LOAD PORT(S) WHICH ARE APPLICABLE TO THEIR OFFER. FOR OFFERS
BASIS U.S. GREAT LAKES UTILIZING FEEDER VESSELS, OFFER IS TO INCLUDE NAME
AND DESCRIPTION OF FEEDER VESSELS. (SEE PROFORMA C/P CLAUSE 32 FOR LOAD
RANGES CONSIDERED AS ONE PORT)

8. DISCHARGE PORT(S): 1/2 SAFE BERTH(S) PUERTO QUETZAL, GUATEMALA.

9. TERMS:
(A) LOADING TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS
WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW 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.
BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
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 BARGES: THE LOAD GUARANTEE SHALL NOT APPLY.
(B) DISCHARGING TERMS: THE CARGO IS TO BE DISCHARGED BY RECEIVER, FREE
OF RISK AND EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 3,500 TONS OF
2,204.6 POUNDS FOR BULK CARRIERS AND 2,000 TONS OF 2,204.6 POUNDS FOR
MULTIDECKERS, PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS SATURDAYS
AFTER NOON, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED (WWDSATNOONSHEX
EIU), ON THE BASIS OF THE BILL OF LADING QUANTITY. LASH/SEABEE BARGES: THE
DISCHARGE GUARANTEE SHALL NOT APPLY.
CHARTERERS AND OWNERS AGREE THAT IF THE BULK COMMODITY
(COMMODITIES) BECOMES DAMAGED AT THE MOMENT OF UNLOADING AT THE GUATEMALA
PORT (PUERTO QUETZAL), AND SAID DAMAGE IS CERTIFIED BY THE INDEPENDENT
SURVEYOR APPOINTED BY PVO (CRS), IT WILL BE SEGREGATED OR SEPARATED AT THE
PORT AS MUCH AS POSSIBLE AND THAT THE EXPENSES ARISING FROM SEGREGATION,
TRANSPORTATION, STORAGE OR SEPARATION SHALL BE BORNE AND WILL BE THE
RESPONSIBILITY OF THE VESSEL OWNERS PROVIDED THAT THE DAMAGE TO THE BULK
COMMODITY (COMMODITIES) OCCURRED DURING ITS TRANSPORTATION BY SEA.
(C) DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS.
OWNERS ARE TO SPECIFY DEMURRAGE/DESPATCH RATES IN THEIR OFFER. DESPATCH
RATES MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS
NON-REVERSIBLE.
(D) LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND
COMMODITY SUPPLIERS AT LOAD PORT(S) AND BETWEEN OWNERS AND RECEIVERS AT
DISCHARGE PORT(S). SEE PROFORMA C/P CLAUSE 5 FOR FULL DETAILS ON LAYTIME
CALCULATIONS/SETTLEMENT.
(E) ADDITIONAL NCB CERTIFICATION (SEALING OF HATCH COVERS/OPENINGS TO
CARGO SPACES) REQUIRED FOR VESSELS OVER 15 YEARS OF AGE, TOWED BARGES, AND
PUSH-MODE ITBS. SEE C/P CLAUSE 41 FOR FULL DETAILS.
(F) INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE: SEE PROFORMA C/P CLAUSE
43 FOR FULL DETAILS.
(G) AS THE CARGO ADVERTISED IN THIS TENDER IS A GOVERNMENT IMPELLED
(PREFERENCE) CARGO, OFFERORS OF NON-U.S. FLAG VESSELS MUST WARRANT THAT
VESSEL(S) AND OWNER / OPERATOR ARE NOT DISQUALIFIED TO CARRY SUCH
GOVERNMENT IMPELLED (PREFERENCE) CARGOES AS OUTLINED IN SECTION 408 OF THE
COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C.,
PARAGRAPH 2302[E]). SEE PROFORMA C/P CLAUSE 44 FOR FULL DETAILS.
(H) VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF
SELF-DISCHARGE WITH VESSEL'S OR OWNER SUPPLIED SHORESIDE GEAR (CRANES
AND/OR SWINGING DERRICKS WITH MINIMUM 8 MT S.W.L. CAPACITY SUITABLE FOR
CLAMSHELL DISCHARGE), AND/OR WITH MARINE LEGS INCLUDING ALL NECESSARY
SUPPORT EQUIPMENT. DISCHARGE BY VACUVATORS IS NOT PERMITTED. ALL
DISCHARGE GEAR AND EQUIPMENT IS TO BE SUPPLIED BY OWNER AT OWNER'S EXPENSE
AND TO BE IN GOOD WORKING ORDER. OWNERS TO PROVIDE AT THEIR EXPENSE ALL
NECESSARY MOTIVE POWER/FUEL TO OPERATE ALL DISCHARGE GEAR AS WELL, IF
REQUIRED. OWNER TO PROVIDE AT THEIR EXPENSE TECHNICIANS IN THE CASE OF
MARINE LEGS TO OVERSEE THEIR OPERATION. DISCHARGE GEAR PROVIDED BY
OWNER/VESSEL MUST BE CAPABLE OF MAINTAINING THE GUARANTEED AVERAGE
DISCHARGE RATE AS SPECIFIED ABOVE IN DISCHARGING TERMS CLAUSE.
FURTHERMORE, RECEIVERS ADVISE THAT IF VESSEL IS NOT CAPABLE OF MEETING SUCH
MINIMUM DAILY RATE, THEN PORT AUTHORITY AT THEIR DISCRETION MAY REQUIRE
VESSEL TO LEAVE BERTH. IN SUCH CASES, ANY DELAYS, SHIFTING COSTS OR
ADDITIONAL EXPENSES WILL BE SOLELY FOR OWNER'S/VESSEL'S ACCOUNT. ANY TIME
LOST AS A RESULT OF BREAKDOWN OF VESSEL'S GEAR AND/OR MARINE LEGS TO BE
EXCLUDED FROM LAYTIME USED. VESSELS ARE TO BE FULLY EQUIPPED WITH
DISCHARGE GEAR / EQUIPMENT PRIOR TO RECEIVER'S ACCEPTANCE OF THE NOTICE OF
READINESS TO DISCHARGE.
OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL'S
CREW FREE OF CHARGE TO CHARTERERS. MECHANICAL OR HYDRAULIC HATCH COVERS
FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED.
(I) DISCHARGE PORT RESTRICTIONS ON VESSELS: WITHOUT GUARANTEE FROM
CHARTERER, RECEIVERS ADVISE THAT MAXIMUM DRAFT AT PUERTO QUETZAL IS 10.5 M
S.W.
(J) 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, OWNERS WILL ARRANGE FUMIGATION OF THE
CARGO WITHIN 24 HOURS OF DISCOVERY OF SUCH INFESTATION. FUMIGATION COSTS,
IF ANY, ARE FOR OWNER'S (VESSEL'S) ACCOUNT, TIME COUNTING ON U.S. FLAG
VESSELS AND NOT COUNTING ON NON-U.S. FLAG VESSELS.
(K) 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 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. FOR TOWED BARGES, THE SURFACE 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 THE POLICY AND PROCEDURE BRANCH, 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 TO
BE SUITABLE FOR FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED
APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
(L) FOREIGN FLAG VESSELS SHOULD NOT BE OLDER THAN 20 YEARS AND MUST BE
CLASSED HIGHEST IN LLOYD'S REGISTER OR ITS EQUIVALENT. DATE OF ORIGINAL
CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT
OF VESSEL'S AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION, CLASSIFICATION WILL
BE FOR OWNER'S ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES.

10. FREIGHT RATES TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE
LOADING PORT TO ONE DISCHARGING PORT PLUS ADDITIONAL FREIGHT PER METRIC TON
ON ENTIRE CARGO FOR EACH ADDITIONAL LOAD OR DISCHARGE PORT, IF USED.
OFFERS REQUIRING ADDITIONAL PREMIUM FOR ADDITIONAL LOAD / DISCHARGE BERTH
WILL NOT BE CONSIDERED RESPONSIVE TO THE TENDER.
OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A
CANCELLING DATE NO LATER THAN THE LAST CONTRACT LAYDAY AS ABOVE, AND
THE VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE BEYOND THE LAYDAYS
SPECIFIED ABOVE WILL NOT BE CONSIDERED.
OFFERORS ARE ENCOURAGED TO SUBMIT THEIR OFFERS IN THE FORMAT SET FORTH
IN "EXPORT FREIGHT OFFERS". THIS FORMAT IS AVAILABLE AT THE OFFICES OF
PACIFIC CARGOES, INC., WASH., D.C. 202-785-3400, AND CAN BE DOWNLOADED FROM
ITS HOME PAGE: http://www.isc-pci.com.
U.S. FLAG NON-LINER VESSELS WHICH EXCEED 15 YEARS OF AGE FROM DATE OF
ORIGINAL CONSTRUCTION MUST OFFER AN ALTERNATE FREIGHT RATE (ONE WAY 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.
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,
THE LIGHTENING COST WILL BE DEDUCTED FROM THE OCEAN FREIGHT.

11. U.S. FLAG APPROVED RATES 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 TO THE U.S. GOVERNMENT
(INCLUDING TUG AND/OR BARGE).
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
MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER
ADDITIONAL CARGO.

12. U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT
PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S COSTS PRIOR TO
SUBMISSION OF OFFER.

13. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS AND
CONDITIONS OF CATHOLIC RELIEF SERVICES CHARTER PARTY PROFORMA (VESSEL LOAD
/ FREE DISCHARGE APPLICABLE TO SECTION 416(B) - JULY 2002). COPIES OF THE
CATHOLIC RELIEF SERVICES' CHARTER PARTY PROFORMA ARE AVAILABLE UPON REQUEST
TO PACIFIC CARGOES, INC.

14. CRS RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.

15. OFFERS TO BE RECEIVED BY SEALED LETTER OR TELEFAX (202) 296-1160 AT
PACIFIC CARGOES, INC., 1629 K STREET, N.W., SUITE 700, WASH., D.C. NO LATER
THAN 1100 HOURS WASH., D.C. TIME JULY 26, 2002 AND ALL OFFERS MUST REMAIN
VALID THROUGH 1700 HOURS WASH., D.C. TIME AUGUST 1, 2002.
ONLY SEALED HAND DELIVERED OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING
TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED.
OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT PLACE AND TIME. ONLY
OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO
NEGOTIATION IS PERMITTED. U.S. FLAG OFFERS "SUBJECT OPEN" WILL ONLY BE
CONSIDERED WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1100 HRS
WASH., D.C. TIME JULY 30, 2002. NO OFFERS OF NON-U.S. FLAG VESSELS WITH
"SUBJECT OPEN" RESTRICTION WILL BE CONSIDERED.

16. COMMISSION: 2.5 PCT ON FREIGHT / DEADFREIGHT TO CHARTERER'S AGENT,
FREIGHT EXPEDITERS IF OFFERED DIRECT; IF BROKER INVOLVED, 2/3 OF 2.5 PCT TO
CHARTERER'S AGENT, FREIGHT EXPEDITERS, AND 1/3 OF 2.5 PCT TO BROKER.

17. ALL FIXTURES ARE SUBJECT APPROVAL BY USDA.

18. INTERESTED PARTIES ARE ENCOURAGED TO DOWNLOAD THE PROFORMA CHARTER
PARTY, AND THE EXPORT FREIGHT OFFER FORMAT FROM OUR WEB SITE.
OUR HOME PAGE ADDRESS IS: http://www.isc-pci.com.
FOR FURTHER INFORMATION, CONTACT:
PACIFIC CARGOES, INC., WASHINGTON, D.C.
TELEPHONE: 202-785-3400; FAX: 202-296-1160; EMAIL: mail@isc-pci.com
?END

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