Uzbekistan Award02-039

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Uzbekistan 416(b) 02-039

Award

On behalf of the Embassy of The Republic of Uzbekistan for the Uzbekistan charterer, we hereby confirm the fixture with USDA approval:
Owner: Liberty Maritime Corporation as Agents for Liberty Shipping Group Limited Partnership, Lake Success, New York.

Vessel: MV LIBERTY SEA - US Flag, Gearless Bulk Carrier, Built 1984
DWT about 64,152 MT on 13.12 M SW , LOA 225 M; Beam 32.2 M,
7 Holds/ 7 Hatches, Speed about 16 knots.
Cargo: 56,000 MT Min/Max, Yellow Soybeans in Bulk
Load Port: One safe berth, One safe port Mississippi River , not north of, but including Baton Rouge, LA. 
Laydays: October 25- November 5, 2002, Vessel ETA USGulf Oct. 20, 2002
Discharge Port : Tallinn (Muuga), Estonia for delivery on through Bill of lading to following initial points of discharge in Uzbekistan. 
Basis Delivery Free On Rail (FOR):

Delivery Point: Gulistan Via Chengeldy
Rail* Code: 728801
Metric Tons: 5,000 MT
Ocean Freight: $36.91
Discharge Cost: $10.00
Inland Freight PMT: $57.93
Total Freight PMT: $104.84

Delivery Point: Ferghana2 Via Chengeldy
Rail* Code: 736507
Metric Tons: 5,000 MT
Ocean Freight PMT: $36.91
Discharge Cost: $10.00
Inland Freight PMT: $64.41
Total Freight PMT: $111.32

Delivery Point: Kokand Via Chengeldy
Rail* Code: 734107
Metric Tons: 6,000 MT
Ocean Freight PMT: $36.91
Discharge Cost: $10.00
Inland Freight PMT: $63.15
Total Freight PMT: $110.06

Delivery Point: Kattakurgan Via Beyneu
Rail* Code: 730604
Metric Tons: 10,000 MT
Ocean Freight PMT: $36.91
Discharge Cost: $10.00
Inland Freight PMT: $64.52
Total Freight PMT: $111.43

Delivery Point: Urgench Via Beyneu
Rail* Code: 752105
Metric Tons: 15,000 MT
Ocean Freight PMT: $36.91
Discharge Costs: $10.00
Inland Freight PMT: $60.75
Total Freight PMT: $107.66

Delivery Point: Kasan Via Beyneu
Rail* Code 741908
Metric Tons: 15,000 MT
Ocean Freight PMT: $36.91
Discharge Costs: $10.00
Inland Freight PMT: $58.16
Total Freight PMT: $105.07
TOTAL 56,000 MT 

*To be reconfirmed/ verified by charterer to establish correct/updated codes.
Terms: As Per Freight tender.
Freight rates: See Above. 
Ocean Freight Rate: $ 46.91 PMT including
discharge costs. One way rate $39.58 PMT.
Lightening : None.
Demurrage/Despatch: At Load Port Only : $ 15,000/Half Despatch.
Commission: 2/3rd of 2.5% to Panalpina Inc. and 1/3rd of 2.5% to Potomac Marine Intl Inc.
Otherwise Terms and conditions as per Freight Tender UZ-416b-039 and the Proforma Charter Party.
The Inland freight contractor is: S& S Westchester Shipping Co. Inc.

END

Amendment #3

Clause 26:

For "subject open" offers to be considered by charterers, the "subject open" must be lifted by 1100 hours Washington, DC time on Monday, September 23, 2002.

Amendment #2
Item 1. Loadport

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.

Amendment #1
Freight Tender: Uzbekistan, Section 416(b) Soybeans in Bulk 
IFB: UZ-416(b)-039 Dated: September 17, 2002
Amendment No. 1. Dated September 18, 2002

The Freight tender is hereby amended as follows:

Clause 9. Discharge port and initial point of discharge in Uzbekistan:
Via Entry Point Name of Station Railway Code Quantity in MT
Chengeldy - Gulistan R/W Station - 728801 - 5,000 MT
Chengeldy - Ferghana R/Wstation- 736507 - 5,000 MT
Chengeldy - Kokand R/W Station - 734107 - 6,000 MT

Beyneu - Kattakurgan R/W Station- 730604- 10,000 MT
Beyneu - Urgench R/W Station - 752105- 15,000 MT
Beyneu - Kasan R/W Station - 741908- 15,000 MT 

Discharge (transit) port is at ship owner's option but must be specified in the offer. Owners are to guarantee that the vessels offered are in full compliance with the discharge ports/berth limitations and to bear the full responsibility for such guarantee. Lightening, whether full or partial, if required and duly authorized by the port authority, due to mother vessel exceeding the restrictions of discharge port, will be at owners' account, time, risk, and expense and in accordance with requirement stated below. Full or Partial lightening: in the event of full or partial lightening, the lighter vessel(s) must be inspected by Lloyds or equivalent certified surveyor and the certificate of cargo holds inspection will be required for freight payment and to be submitted to CCC for payment. The certificate to state that the lighter vessel(s) holds are dry, clean and, ready and suitable in all respects to receive the bulk cargo. Said inspection to be arranged and paid for by owners. If discharging port is iced, vessels must be able to navigate icy waters in the wake of some icebreakers. If icebreakers are required, owner must arrange and pay for same.

Clause 10 .Delivery terms: Owners to deliver cargo on a through Bill(s) of Lading to Free On Rail (FOR) the initial point of discharge named above via their respective entry points, at owner's time, risk and expense. At the discharge port the cargo will be discharged at a berth arranged by the owner basis full liner terms at owner's risk, time and expense. Cargo to be discharged into rail wagons and or into shore silo facilities, arranged for and paid by owner. Rail wagons and or shore storage facilities must be clean, dry and capable of receiving charterer's cargo without contaminating of said cargo. Owner will be fully responsible for any contamination of cargo while cargo in storage or in transit until delivered to Receiver's agents at named destination point. Rail wagons must be clean, dry and free of any residual materials to receive charterer's cargo. Any contamination to charterer's cargo caused by loading into rail wagons arranged for by the owner will be at owner's liability. Upon completion of loading rail wagons, owner is responsible for assuring that seals are placed on all openings to cargo spaces on rail wagons including but not limited to openings on the top of the rail wagons for inland transport to destination point. The cargo to be delivered at initial point of discharge to charterer's/receiver's agents named in the Charter Party. Charterer's/Receiver's agents will then take cargo in the rail wagons for distribution within the territory of the Republic of Uzbekistan free of cost to the owner. Successful bidder is to provide name of inland freight contractor as well as transportation routing prior to USDA final approval of fixture. Only named inland freight contractor will be acceptable.

Clause 11. Freight rates to be quoted basis delivery under through Bill of Ladings to the named initial point(s) of discharge, Republic of Uzbekistan. The Freight rates to be broken down as follows: :
a) Ocean Freight per Metric Ton port to port.
b) Bulk Discharge cost per Metric Ton.
c) Inland transportation to named initial point of discharge.
d) Cost of full or partial lightening if applicable, to be specified in the offer. In event the said lightening is not performed and vessel discharges directly at berth, USDA/CCC will deduct the cost of lightening from the freight due.
Additional freight per MT on entire cargo for each additional load port used. Premiums for additional load port(s) will be considered in determining lowest landed cost when commodities are likely to be loaded at more than one (1) port. 
Freight offers not to contain DETENTION rate. Offers will not be considered non-responsive because a DETENTION rate was given, however, the related C/P and liner booking contracts may not contain a DETENTION rate. 

Freight Tender: Uzbekistan, Section 416(b) Soybeans in Bulk 
IFB: UZ-416(b)-039
Date: September 17, 2002

Panalpina, Inc., Project Division on behalf of the Embassy of Republic of Uzbekistan request offers of U.S. and non-U.S. flag vessels geared or gearless vessels (towed tug barge arrangements are not acceptable) for transportation of approximately 56,000 MT bulk soybeans, full or part cargo, financed under Section 416(b). Cargo to be contracted on a minimum/maximum basis. 

1. Load Port: 1 /2 SB, 1 / 2 Safe US Gulf Ports.

2. Laydays: October 25 - November 5, 2002, 

3. Owners to provide 14 day pre-advice of vessel readiness to load. Pre-advice notice must be received at the office of Panalpina, Inc., Project Division prior to 11:00 A.M. Washington, DC time on regular business to be considered received on that day. If pre-advice is received later than 11:00 A.M. Washington, DC time on regular business day or on weekends/holidays, pre-advice notice will be considered received only on next business day. 

4. Loading terms: Cargo to be loaded according to berth terms with customary despatch at the average rate per chart below based on contracted quantity 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.

A) Bulk carriers/contracted quantity in MT Load guarantee in MT
0 - 9,999.99 M/T 4,000 M/T per day
10,000 - 19,999.99 M/T 5,000 M/T per day
20,000 - 29,999.99 M/T 6,000M/T per day
30,000 - 39,999.99 M/T 7,500M/T per day
40,000 - 49,999.99 M/T 10,000M/T per day
50,000 - and above 12,000M/T per day


B) Tankers/contracted quantity in MT Load guarantee in MT
0 - 9,999.99 M/T 4,000 M/T per day
10,000 - 19,999.99 M/T 5,000 M/T per day
20,000 - 29,999,99 M/T 6,000 M/T per day
30,000 M/T- and above 7,500 M/T per day

C) Load guarantee for tween-decker: 3,000 MT

D) No load guarantee for lash/seabee barges

Any stowing and /or trimming to be for owner's account. All service and facility charges at load port on owner's account.

5. Loading laytime accounts to be settled directly between owners and commodity supplier(s). Laytime calculation, overtime and trimming to be in accordance with addendum No. 1 of the North American Grain Export Association's F.O.B. contract No. 2 (revised August 1, 1998) clauses 1-10, (hereinafter NAEGA) regardless of the type of vessel. Further, the following modification to NAEGA will apply: anywhere the word "buyer" appears, the words "vessel owners" shall be substituted in its place. Under no circumstances shall CCC or charterers be responsible for resolving disputes involving calculation of laytime or payment of demurrage or despatch between the vessel owners and the commodity supplier(s). Any and all disputes 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.

6. Any additional completion cargo(es) must be duly segregated by vessel holds and/or compartments, must be compatible and non-injurious to Uzbekistan cargo, and must be approved by charterers/USDA. Cost of separations, if any, for account of owner.

7. If owners fail to tender vessel within the laydays, whether or not the option to cancel C/P is exercised, the owners are to be fully responsible for all charges attributable to the failure to tender before the canceling date of the C/P, whether accruing to charterer or to the U.S. Government as donor, including, but not limited to the grain carrying charges covering interest, storage, insurance and fumigation. In which case it will be a condition of payment of freight that the owners submit as part of their documentation a "paid" invoice from the supplier(s) for carrying charges or a certification from supplier(s) that carrying charges did not accrue.

8. At load port vessel's agent will be appointed and paid for by owners. Charterer's to appoint load port protective agents, owner to pay a fee to said load port agent of $1,500 as load port protective agency fee.

9. Discharge port and initial point of discharge: Chengeldy Uzbekistan. Discharge (transit) port is at ship owner's option but must be specified in the offer. Owners are to guarantee that the vessels offered are in full compliance with the discharge ports/berth limitations and to bear the full responsibility for such guarantee. 
Lightening, whether full or partial, if required and duly authorized by the port authority, due to mother vessel exceeding the restrictions of discharge port, will be at owners' account, time, risk, and expense and in accordance with requirement stated below. 
Full or Partial lightening: in the event of full or partial lightening, the lighter vessel(s) must be inspected by Lloyds or equivalent certified surveyor and the certificate of cargo holds inspection will be required for freight payment and to be submitted to CCC for payment. The certificate to state that the lighter vessel(s) holds are dry, clean and, ready and suitable in all respects to receive the bulk cargo. Said inspection to be arranged and paid for by owners. If discharging port is iced, vessels must be able to navigate icy waters in the wake of some icebreakers. If icebreakers are required, owner must arrange and pay for same.

10. Delivery terms: Owners to deliver cargo on a through Bill(s) of Lading to Free On Rail (FOR) CHENGELDY, at owner's time, risk and expense. At the discharge port the cargo will be discharged at a berth arranged by the owner basis full liner terms at owner's risk, time and expense. Cargo to be discharged into rail wagons and or into shore silo facilities, arranged for and paid by owner. Rail wagons and or shore storage facilities must be clean, dry and capable of receiving charterer's cargo without contaminating of said cargo. Owner will be fully responsible for any contamination of cargo while cargo in storage or in transit until delivered to Receiver's agents at named destination point. Rail wagons must be clean, dry and free of any residual materials to receive charterer's cargo. Any contamination to charterer's cargo caused by loading into rail wagons arranged for by the owner will be at owner's liability. Upon completion of loading rail wagons, owner is responsible for assuring that seals are placed on all openings to cargo spaces on rail wagons including but not limited to openings on the top of the rail wagons for inland transport to destination point. The cargo to be delivered at initial point of discharge to charterer's/receiver's agents named in the Charter Party. Charterer's/Receiver's agents will then take cargo in the rail wagons for distribution within the territory of the Republic of Uzbekistan free of cost to the owner. Successful bidder is to provide name of inland freight contractor as well as transportation routing prior to USDA final approval of fixture. Only named inland freight contractor will be acceptable.

11. Freight rates to be quoted basis delivery under through Bill of Ladings to 
Chengeldy, Republic of Uzbekistan. The Freight rates to be broken down as follows: :
a) Ocean Freight per Metric Ton port to port.
b) Bulk Discharge cost per Metric Ton.
c) Inland transportation to named initial point of discharge.
d) Cost of full or partial lightening if applicable, to be specified in the offer. In event the said lightening is not performed and vessel discharges directly at berth, USDA/CCC will deduct the cost of lightening from the freight due.
Additional freight per MT on entire cargo for each additional load port used. Premiums for additional load port(s) will be considered in determining lowest landed cost when commodities are likely to be loaded at more than one (1) port. 
Freight offers not to contain DETENTION rate. Offers will not be considered non-responsive because a DETENTION rate was given, however, the related C/P and liner booking contracts may not contain a DETENTION rate. 

12. 65 % freight payment for vessel's on arrival at first or sole discharge port and remaining 35 % upon arrival at the point(s) of initial discharge. Refer payment clause 46 of proforma charter party (Uzbekistan/Norgrain/416(b)/2002).

13. Demurrage/Despatch rate at loading to be stipulated in offer with despatch rate to be one-half of demurrage rate. Vessels offered with layday canceling later than the dates stipulated above will not be considered responsive to this tender.

14. Extra insurance: a) Any extra insurance on cargo and/or freight for U.S. flag vessels due to age or type to be for owner's account basis New York Market rate. b) Non-U.S. flag vessel to be maximum ten (10) years of age and classed 100A1 Lloyds Register or equivalent. Charterers may accept older vessels up to 20 years old provided any extra insurance premium due to vessel's age to be for owner's account. Any extra insurance premium on cargo and freight due to vessel's age (over 10 years) or type to be for owner's account basis Lloyds of London.

15. 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 tween-deckers and bulk carriers (including push mode ITB's), the re-circulation method of fumigation will be used. For tankers and tug barges other than push mode ITB's surface application will be used. Tween-deck vessel's 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 procedures. In addition, tween-deck vessels are acceptable only when a certified applicator state that the vessel has been inspected and found to be suitable for fumigation and such written statement from certified applicator must be submitted with the offer.

16. 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 will count on U.S. flag vessels; time will not count on non-U.S. flag vessels.

17. 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.

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

19. 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.

20. 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. 

21. ISM Code requirements are incorporated into this charter party.

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

23. Successful bidders must post a performance bond within five (5) working days from date of freight contract award in the form of a cashier's check or certified check or an irrevocable L/C issued by a first-class U.S. bank equivalent to 5% of ocean freight in favor of Embassy of Republic of Uzbekistan c/o Panalpina, Inc., Project Division as agents for charterers. Performance bond to be valid for 30 days beyond the canceling date of the relevant charter party, however, Panalpina, Inc., Project Division will release said performance bond upon vessel's presentation for loading within the contracted laydays. The performance bond is collectible by draft at sight accompanied by a statement from charterer that ship-owner did not perform in accordance with the charter party. Under no circumstances is the performance bond to be considered as the maximum /minimum liability or liquidation of damages incurred due to non-performance of shipowner.

24. Offers must be submitted basis this IFB and the proforma charter party of Uzbekistan. A copy of the proforma charter party (Uzbekistan/Norgrain/416(b)/2002) is available from Panalpina, Inc., Project Division, telephone 202/659-2825.

25. Offers must be in writing and may be hand delivered in sealed envelopes, or submitted by fax and must be in accordance with charterer's proforma C/P and this freight IFB. Verbal or telephone offers will not be considered.

26. All offers are to be received at Panalpina, Inc., Project Division, 1100 Connecticut Avenue, NW, Suite 520, Washington, DC 20036-4101. Fax: 202/659-2830. All offers must be received by no later than 2.00 PM Washington, DC time on September 20, 2002 and are to remain valid through close of business Washington, DC time on September 24, 2002. If a fax offer begins to print before 1100 hours Washington, DC time and continues past that time, charterers will consider the offer as received on time. For "subject open" offers to be considered by Charterers, the "subject open" must be lifted by 1100 hours Washington, DC time on September 22, 2002. 

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

28. 2.5 % brokerage commission is payable by owners on gross freight / deadfreight / demurrage to Panalpina, Inc. on U.S. and on non-U.S. flag fixtures if offered direct. If a broker is involved 2/3 of 2.5 % to Panalpina, Inc. and 1/3 of 2.5 % to broker on U.S. and non-U.S. flag fixtures.

29. All offers and awards will be subject to provision of Section 416(b) rules and regulations. 

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