Ghana Award02-018

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Ghana ADRA 416(b) 02-018

Award

On behalf of ADRA we confirm fixture with USDA approval as follows:
Owner: OSG Ship Management Inc., on behalf of Ocean Bulkships Inc.
Vessel: MV OVERSEAS HARRIETTE , US Flag , Built 1978, Geared Bulk Carreir
25,541 LT DWT on 33' 8 9/16" , Cubic Capacity 1,188,707 cft at 100%
LOA 567.2 ft, Beam: 74.84 ft., Classed ABS, 5 Ho/HA , 10x9.8 t SWL Derricks.
Cargo: 8,500 MT Min/Max Wheat in Bulk , One Grade. NB: Booked in combination with 8,500 MT Wheat in bulk of CARE. If same grade and quality of wheat, no separation required between ADRA and CARE wheat.
Load Port: 1 to 2 safe berths , 1 safe port USGulf. (Indication - 1SB Miss. River).
Laydays: Sept 16-26, 2002., ETA Load Port Sept 26, 2002.
Discharge Port: 1 to 2 safe berths Tema Ghana, As per Freight tender.
Freight rate:US$116.14 PMT basis Mississippi River as load port. One Way Rate US$83.69 PMT.
Terms: As Per IFB.
Demurrage/Despatch: At Load Port $ 16,000 / Half Despatch/ pdpr
At Discharge $12,000/ Half Despatch/pdpr.
Otherwise as per IFB and Charterer's Proforma Charter Party.
Commission: 2/3rd of 2.5% to Panalpina Inc. Washington DC and 1/3rd of 2.5% to Potomac Shipping International Inc.
Charter Party Date will be today September 3, 2002.

Tender
Panalpina, Inc., Project Division, Washington, DC
Date: August 23, 2002
Freight tender: ADRA Ghana Sec. 416(b) FY 2002 - DNS Wheat in Bulk 
IFB Number: GHA-ADRA-416(b)-02-018

Panalpina Inc. Project Division Washington, DC one behalf of the Adventist Development & Relief Agency International (ADRA), requests offers of geared U.S. and non-U.S. flag vessels, (U.S. flag gearless vessel will be considered provided owner supply discharging equipment; towed barges are excluded and tankers will be considered only on full lightening basis) for the carriage of Dark Northern Spring Wheat in bulk to Ghana under the Section 416(b) program FY 2002 as follows:

Quantity/ Laydays
Approximately 8,500 MT - September 16 to 26, 2002.
This cargo may be combined with 8,500 MT of CARE bulk wheat also destined for Ghana.

Offeror should consider offering vessel(s) to carry a wide range of tonnages to accommodate the program needs. Contracted quantity to be on a min/max basis. Offers to be as per stipulated laydays stated above. Offers with laydays other than those stated above will not be considered. For offers basis U.S. Great Lakes utilizing feeder vessels, offers to include name and details of feeder vessels.

1. Loading at 1 to 2 safe berths each 1 to 2 Safe U.S port(s). The greater New Orleans areas, including but not North of Baton Rouge, LA., the Columbia River District including Portland; San Francisco Bay area, including Sacramento and Stockton, to be considered respectively as one port.

2. Load rate: Cargo to be loaded according to berth terms with customary dispatch at the average rate as delineated 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, Sundays and holidays excepted, even if used Saturdays as per BFC Saturday clause.
Bulk Carriers:
Vessel Contracted Quantity Loading Guarantee
0 - 9,999 MT 4,000 MT per day 
10,000 - 19,999 MT 5,000 MT per day 
Multi Decker (Liner) 3,000 MT per day

Tankers: 
Vessel Contracted Quantity Loading Guarantee
0 - 9999 4,000 MT per day
10,000-19,999 5,000 MT per day

Lash/Seabee Barges: The load guarantee shall not apply.
Any Stowing and/or trimming to be for owner's account.

3. Owners to give charterers 14 days pre-advice of vessel's ETA at load port. Said pre-advice to be faxed to Panalpina, Inc., Project Division, Washington, DC, Fax: (202) 659-2830 and to be received by 1100 hrs on a working day to be considered as being received on that day. If pre-advice notice is received after 11.00 hours Wash DC time on a regular business day or on weekend or on a holiday, said pre-advice will be considered as received only on the next business day. Notice to include name of vessel, description and ETA Load port/range with declared tonnage to be loaded. 

4. Laytime accounts are to be settled directly between Owners and Commodity Supplier(s) at load port(s). Laytime calculation, overtime, and trimming are 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 May 1, 2001), clauses nos. 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 the Charterer or CCC 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 the Vessel Owner 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. The applicable demurrage/despatch rates to be in accordance with the governing Charter Party.

5. Discharging port: At 1 to 2 safe berth Tema, Ghana. For guidance only without guarantee, maximum permissible draft at the port of Tema, Ghana is 7.6 meters (salt water). Maximum LOA is 183 meters. Owners are responsible for vessel arriving at discharge port meeting port's draft/LOA restrictions on vessels. Any lightening required as a result of vessel's failure to comply with discharge port restrictions is for owners time, risk and expense. Lightening, if required, to be accomplished in the territorial waters of Ghana and as per the lightening clause stated in this tender.

6. Discharge Terms: Free out at the average rate of 800 MT for bulk carriers, and 600 Mt for Multideckers (including liners) per weather working day of 24 consecutive hours Saturday, Sunday and Holidays excepted even if used, provided the vessel's gear can maintain the discharge rate. Time from 1700 hours Fridays or days preceding a holiday until 0800 hours on Mondays or next working day following a holiday is not to count as laytime, even if used. No discharge rate guarantee for lash barges. 

7. Discharge port laytime accounts are to be settled directly between charterer and vessel owner. Vessel owner to prepare and submit signed discharge port laytime statement to Panalpina, Inc., Project Division, Washington, DC, Fax: (202) 659-2830 within thirty (30) days of completion of discharge. Discharge port Notice of Readiness and discharge port Statement of Facts, both signed on behalf of charterer and vessel owner are to be presented with signed discharge port Laytime Statement. 

8. Lay time is non-reversible

9. Owners are to specify demurrage/dispatch rates in their offer. Dispatch rates must be one half of demurrage rates quoted.

10. Owners to appoint and pay for their agents at the loading ports(s). Charterer to appoint a protective agent at the load port, owner paying the protective agent fee of US $1,500.00 per load port. Charterer will nominate agents at discharge port and owners to pay the customary agency fees provided those fees are competitive

11. The Owner guarantees that no dangerous or poisonous cargo will be shipped on the vessel and charterer's cargo will be safely segregated. Upon the vessel's sailing from the last U.S. port of loading, copies of the stowage plan and manifest will be faxed or sent by overnight courier to Charterers' agent, Panalpina, Inc., Project Division, Washington DC - Fax: (202) 659 2830.

12. Trans-shipment is not permitted.

13. Ship owners and or their agents to release original and non-negotiable bills of lading to charterer immediately upon completion of loading and without any undue delays.

14. On completion of Loading Master and or owner and or agent to send a Sailing Notice to charterer's agent, Panalpina Inc. Project Division, Washington DC, Fax number, (202) 659-2830. Said notice to state, vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date and loaded draft of vessel ETA Ghana.

15. Master of vessel shall notify charterer/receivers by cable with 10 days notice of vessel ETA discharge port, followed by 7 days, 72 hours, 48 hours and 24 hours in advance of vessel arrival at discharge port. Any variations of 12 hours or more in the arrival time will require additional notification by cable.

16. Vessels to have a mechanical or hydraulic hatch covers, if not, owners are to provide rain tents for all the hatches. All opening and closing of hatches to be carried out by vessel's crew free of charge to the charterers and time not count as laytime.

17. Tanker Discharge Clause: U.S. Flag tankers will be considered only on the basis of full lightening into bulk carrier(s) in the port of Tema, Ghana. Said lightening to be at ship owner's time, risk and expense. Laytime shall commence and be calculated in accordance with Clause 18 basis full lightening terms.

18. Lightening clause at port of Tema, Ghana: In the event vessel has to lighten at the port of Tema, Ghana whether full lightening or partial lightening, all lightening operations shall be at ship owner's time, risk and expense. For all lightening (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel, classed highest in LLOYDS or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry grain. Laytime allowed, whether full or partial lightening, shall be based on the bill(s) of lading weight. In the event of partial lightening, vessel will not be considered ready until owners have arranged lightening and vessel has reached the permissible draft of 7.6 M SW. All time lost before vessel reaches said draft is not to count as laytime used. Laytime is not to commence prior to 0800 on the next working day following completion of lightening and presentation of valid notice of readiness. Discharge rate applied to mother vessel will be as per discharge rate applicable to type of vessel as per freight tender Cl. 6. In the event of full lightening laytime shall commence at 0800 on the next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge and demurrage/despatch rate shall apply only to the daughter vessel(s). Further, laytime is to be calculated as follows: the laytime used by each of the daughter vessel is to be added in order to arrive at a single figure of time lost or saved in relation to the total time allowed for discharging such lightening vessels. The time so lost or saved will then be divided by the number of lightening vessels used to arrive at net time lost or saved at discharge. Discharge rate applied for lighterage vessels will be the discharge rate applicable to a bulk carrier vessel per Cl. 6. 

19. Vessels over 20 years of age and ITB's 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.

20. At discharge port, and up on 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. Time used to fumigate will count as laytime for both U.S. flag and Non U.S. Flag vessels.

21. 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.

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

23. 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.

24. 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. 

25. 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 MARAD freight rate guideline due to vessel loading other additional cargo.

26. Non-vessel operating common carriers (NVOCC) may not be employed to carry U.S. or foreign flag shipments.

27. U.S. flag non-liner vessel 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.

28. Offerors are encouraged to provide usual information such as, name of owners/operators, flag, year build, type, LOA, beam, fully loaded draft, gear, speed and No. of holds/hatches.

29. Offers must be submitted basis current Ghana Proforma Charter Party Norgrain adapted for FY 2002, and this IFB. Copy of the Proforma C/P is available upon request to Panalpina, Inc. Offers of named vessels only will be considered. Owners will not have the right to substitute without charterer's and USDA approval.

30. Any additional/completion cargoes must be duly separated and must be compatible and non-injurious to the Ghana Sec 416(b) cargo and must be detailed in the offer or approved by Charterer and USDA if contracted after the Ghana Sec416(b) cargo. Vessels' itinerary and geographic proximity of completion cargo(es) will be taken into consideration by Ghana/USDA in approval of such part cargo(es) in order not to impede delivery of cargo to Ghana.

31. Freight rate will to be quoted per MT basis 1 load port to 1 discharge port. Additional freight per MT on entire cargo for each additional load port used to be stated separately. If owners intend to lighten, offer should specify cost of lightening whether partial or full lightening. If lightening not performed at the discharge port and vessel directly discharges at berth this lightening cost will be deducted from the ocean freight.

32. Freight Payment: In accordance with Section 416(b) regulations 100 percent freight is deemed earned and payable on Bill of Lading weight. Freight will be paid by CCC/USDA on submission by owner of required documents and Notice of vessel's safe arrival at discharge port issued by charterers or their agents. In event owner has not paid carrying/interest charges if any, due to late loading, CCC/USDA will have the right to deduct same from the ocean freight.

33. Extra Insurance: 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. Non-U.S. flag vessels should not be older than 20 years and must be classed highest in Lloyds Register or equivalent. Date of original construction, non rebuilt date, to govern. Additional premiums for vessel aged 11 to 20 years to be at owner's account at prevailing rates in the London Market or as charged to the Charterer basis prevailing rate of Lloyds Underwriter's Association of London. Such premium to be paid by ship owner to Charterer against Charterer's invoice with supporting statement from their Insurance company.

34. Fumigation: In transit Fumigation: 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 tween-deckers and bulk carriers (including push mod ITB's), the re-circulation method of fumigation will be used. For Tankers and Tug/Barge units other than push mode ITBs, surface application will be used. Tween-deck vessels 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 procedure. In addition tween deck vessels are acceptable only when a certified applicator states that vessel has been inspected and found to be suitable for fumigation and such written statement from the certified applicator must be submitted with the offer.

35. ISM Clause: 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 vessel's 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.

36. 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 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).

37. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given the carriers or to period within which claim therefore shall be made or suit instituted.

38.USDA/KCCO guidelines for containers, barge and vessel hold inspection requirements, Section 416(b) export donations dated December 21, 1989, are to be fully incorporated in this charter party.

39. Commission: If owner offers directly to charterer, a commission of 2.5% on freight, deadfreight and demurrage is payable to Panalpina, Inc., Project Division, Washington DC. If owner offer through a broker, then 2/3rd of 2.5% on freight, deadfreight, and demurrage shall be payable to Panalpina, Inc., Project Division, Washington, DC and balance of 1/3rd of 2.5 % shall be payable to the said owners broker.

40. Successful bidder will post a performance bond within five (5) working days in the form of a cashier's check or a certified check or an irrevocable L/C equivalent to five (5) pct. of the ocean freight in favor of ADRA c/o Panalpina, Inc., Project Division by a first-class U.S. bank. The Performance Bond should be valid for 30 days beyond the canceling date of the relevant charter party. However, Panalpina Inc. will release the said bond upon vessel's presentation for loading within the contracted laydays. The Performance Bond is to be collectible by draft at sight accompanied by a statement from ADRA that ship owner did not perform in accordance to the C/P. Under no circumstances is the performance bond to be considered as the maximum liability or liquidation of damages incurred due to non-performance by the ship owner.

41. All offers and subsequent awards are subject to the U.S. Section 416(b) regulations. All fixtures are subject to USDA approval.

42. Submission of Offers: Offers should be submitted in writing by fax to (202) 659-2830 or hand delivered to Panalpina, Inc., Project Division, 1100 Connecticut Ave., NW, Suite 520, Washington, DC 20036. All offers must be received by 11:00 A.M. Washington, D.C. time on August 27, 2002, and must remain valid through 1700 hours on August 30, 2002, Washington, D.C. time. Fax offers, which starts printing by 11:00 A.M. on August 27, 2002, and continues printing past that time until completion, will be considered as being received on time. Late offers will not be accepted. No phone offers will be accepted. Only offers that are responsive to this tender will be considered. No negotiation will be permitted. U.S. flag offers subject "open" will be considered if subject "open" restriction is lifted prior to 1100 hours, Washington, DC time on August 28, 2002.

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

44. For additional information or proforma Charter Party, please contact the offices of Panalpina, Inc., 1100 Connecticut Avenue, N.W., Suite 520, Washington, D.C. Telephone: (202) 659-2825. Fax: (202) 659-2830.

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