Eritrea Award02-040

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Eritrea MCI GFE 02-040

Award

Below is Notice of Fixture Notification for MCI GFFEI to Eritrea for posting:

On behalf of Mercy Corps, we hereby confirm the fixture as clean as follows:
USDA Approved. Charter Party Date: Sept. 30, 2002
Owner: August Trading Inc.
Vessel: ST PRUDHOE BAY , US Flag , Tanker Built 1971
71,406 MT DWT on 43' 6 1/8"; LOA 810 ft/ Beam 105 ft, TPI 179; 
Speed about 15 knots, Class ABS. Gear as required.
Cargo: 17,300 MT Min/Max Wheat in Bulk SWW as part cargo.
Plus empty bags, needle and twine to be carried freight free.
Load Port: 1 safe berth , 1 safe port NORPAC. Declared load berth is United Harvest elevator, Columbia River. Laydays: Nov 5-15, 2002.
Discharge: 1 to 2 safe berths Massawa, Eritrea. Where Vessel LOA max 180 M and draft 8 M SW. ST Prudhoe Bay will fully lighten,
Terms : As per Freight tender.
Freight Rate: US$ 95.00 PMT. Basis one load to one discharge port. Freight is based upon loading at United Harvest Elevator. One way rate $58.54 PMT. Lightening cost of $ 23.00 pmt included in freight rate basis full lightening.
Demurrage/Despatch: At Load Port $ 14,000/HD . At Disport $5,000. /HD
Commission: 2/3rd of 2.5% to Panalpina and 1/3rd of 2.5% to Phoenix Chartering.
Otherwise as per Freight tender terms and Charterer's Proforma Charter Party.
We understand vessel is already contracted to carry in addition to above 17,300 MT of wheat, following additional cargoes: For Govt of Eritrea , PL 480 Title I - 1,613.39 MT wheat in bulk. Same load berth as this fixture to Massawa.
For Yemen - Sec 416 - 25,000 MT bulk wheat Norpac to 1 to 2 SP Yemen , Nov 1-10, 2002. 

Freight Tender: ERITREA Freight Tender Bulk Wheat - Sec 416(b)
IFB No: ER-MCI-GFE661-2132-040
Ref #: 02MCI2132-04

Panalpina, Inc., Projects Division, on behalf of Mercy Corps. International, Portland Oregon USA requests offers of U.S. and non-U.S. flag vessels, geared or gearless vessels, (barges in tandem tow will not be considered) for transportation of bulk wheat, full or part cargo, financed under Section 416(b). Cargo to be contracted on a minimum/maximum basis as follows:

> 1. Load Port: 1 to 2 SB, 1 to 2 Safe U.S. ports.
The greater New Orleans areas, not north of but including Baton Rouge; the San Francisco Bay area including Stockton, Sacramento, and Oakland; and the Columbia River District including Portland, each respectively to be considered one port.
> 
> 2. Quantity/Laydays: Offeror should consider vessel(s) to carry a wide range of tonnages to accommodate program needs. Approx. 17,300 M/T of SW Wheat in bulk plus empty bags, needles and twine to be carried free of freight charge. Nov. 1-25, 2002, Owner to provide 14 days pre-advice of vessel readiness to load.
> 
> Owners to provide 14 day pre-advice of vessel> '> s readiness to load. Pre-advice notice must be received at the office of Panalpina, Inc., Projects Division, prior to 11:00 A.M. Washington, D.C., time on regular business to be considered received on that day. If pre-advice is received later than 11:00 A.M., Washington, D.C., time on regular business day or on weekends/holidays, pre-advice notice will be considered received only on next business day.
> 
> 3. 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 qty in M/T Load guarantee in M/T
> 0 - 9,999 MT 4,000 MT per day
> 10,000 - 19,999 MT 5,000 MT per day
> 
> B) Tankers/contracted qty in M/T Load guarantee in M/T
> 0 - 9,999 MT 4,000 MT per day
> 10,000 - 19,999 MT 5,000 MT per day
> 
> C) Load guarantee for tween-decker: 3,000 MT per day
> 
> D) No load guarantee for lash/seabee barges.
> 
> Any stowing and /or trimming to be for owner> '> s account.
> 
> 4. 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.
> 
> 5. 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 owners/operators are not disqualified to carry such government impelled (preference) cargo(es).
> 
> 6. 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 charterers 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.
> 
> 7. Vessels over 15 years old and tug/barge combinations must have all openings to cargo spaces and hatch covers tightly sealed with tape or by other means to assure water tight integrity. 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 owner> '> s account. Special survey certificate shall in no way diminish owner> '> s liability and responsibilities towards the cargo.
> 
> 8. Discharge port: One or Two Safe Berths Massawa, Eritrea. Following restrictions to apply at discharge berth, Vessel LOA not exceed 180 M and draft of 8 M SW.
> 
> 9. Discharge terms: Receivers to discharge at the rate of 1,200 M/T per weather working day of 24 consecutive hours, Saturdays, Sundays and Holidays until 0800 hrs Mondays or day after holiday excepted, even if used, provided vessel can discharge at such rate. No discharge rate guarantee for lash/seabee barges, but same to be discharged in regular turn without undue delay.
> 
> 10. Vessel gear must be capable of operating receiver> '> s discharging equipment (grabs) and must meet all requirements/regulations of Massawa port authority. Gearless vessel must supply discharging equipment at each hatch in which cargo is loaded at owner> '> s expense. Such equipment to be capable of discharging the cargo at the rate at least equivalent to the discharge rate stated above and the discharging equipment must meet all requirements/regulations of Massawa port authority.
> 
> 11. Lightening clause at port of Massawa: In the event vessel arrives at the port of Massawa with a LOA and or an arrival draft exceeding the restrictions stipulated above, all lightening operations shall be at ship owners> '> time, risk and expense. In the event of full lightening at the port of Massawa, laytime shall commence at 0800 on the next working day after daughter vessel(s) have presented their notice(s) of readiness to discharge. In the event of partial lightening, vessel will not be considered ready until owners have arranged lightening and vessel has reached said draft. All time lost before vessel reaches sa> id 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. Laytime allowed, whether full or partial lightening, shall be based on the bill(s) of lading weight. 
> 
> 12. Discharge port laytime accounts are to be settled directly between charterers and vessel owners. Vessel owners to prepare and submit signed discharge port laytime statement to Panalpina, Inc., Projects Division, for approval within thirty (30) days of completion of discharge. Discharge port Notice of Readiness and discharge port Statement of Facts, both signed on behalf of charterers and vessel owners are to be presented with signed discharge port Laytime Statement. Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of laytime or the payment of demurrage or despatch between charterer and the vessel owners. Any/all disputes between charterers and vessel owners 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. Charterers or their agents to furnish promptly the Director, PL 480 Operations Division, USDA, one copy of Notice of Readiness, signed Laytime Statement and Statement of Facts at discharge port.
> 
> 13. Freight rate will be quoted per M/T basis 1 load port to 1 discharge port. Additional freight per M/T on entire cargo for each additional load port used to be stated separately. Offers requiring additional charges for additional load/discharge berths will not be considered responsive to this tender. If owners intend to lighten, the offer should specify the cost of lightening, whether partial or full lightening. If lightening is not performed at discharge port, and vessel directly discharges at berth, USDA will deduct the lightening cost from the ocean freight.
> 
> 14. 100% freight payment for vessels on arrival at first or sole discharge port consult payment clause of proforma C/P (Norgrain/MCI/416(b)/2002).
> 
> 15. Laydays are non-reversible.
> 
> 16.Demurrage/Despatch rates to be stipulated in offer with despatch rates to be one-half of demurrage rates. If full lightening at discharge port, demurrage/despatch rate shall apply only to the daughter vessel(s). In case of full lightening, laytime is to be calculated as follows: The laytime used by each of the daughter vessels 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 lost or saved will then be divided by the number of lightening vessels used to arrive at net time lost or saved at discharge.
> 
> 17. Vessels offered with layday canceling later than the dates stipulated above will not be considered responsive to this tender.
> 
> 18. Extra insurance: a)Any extra insurance on cargo and/or freight for U.S. flag vessels due to age or type to be for owners> '> account basis New York Market rate. b) Non-U.S. flag vessels 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 owners> '> account basis Lloyds of London.
> 
> 19. 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 us> ed. 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 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 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.
> 
> 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 for fumigation to count as laytime for both US and Non US 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 operators have not provided MARAD with the vessel costs prior to submission of offer.
> 
> 23. U.S. flag vessel> '> s 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. ISM Code requirements are incorporated into this charter party.
> 
> 26. At load port vessel> '> s agent will be appointed and paid by owners. Charterer to appoint a protective agent at the load port(s), owner to pay US Dollars 1,800 per load port to said protective agent. 
> 
> 27. At discharge port, vessel> '> s agent will be appointed by charterers with customary fees paid by the owners provided vessel> '> s agent> '> s rates are competitive. 
> 
> 28. 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 Mercy Corps International, c/o Panalpina, Inc., Projects 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., Projects 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 charterers that ship owners 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 ship owners.
> 
> 29. Offers must be in writing and may be hand delivered in sealed envelopes, or submitted by fax and must be in accordance with charterers> '> proforma C/P and this freight IFB. Verbal or telephone offers will not be considered.
> All offers are to be received at the offices of Panalpina Inc, Project Division, 1100 Connecticut Ave. NW Suite 520, Washington, DC 20036. Fax: 202-659 2830 and must be received by no later than 1100 hours Washington, D.C., time on Sept. 23, 2002, and are to remain va> lid through close of business Washington, D.C., time on Sept. 27, 2002. If a fax offer begins to print before 1100 hours Washington, D.C., 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, D.C., time on Sept. 24, 2002.
> 1) 
> 30. Charterers reserve the right to accept or reject any or all offers.
> 
> 31. 2.5% brokerage commission is payable by owners on gross freight/deadfreight/demurrage to Panalpina, Inc., if offered direct. If a broker is involved 2/3 of 2.5% to Panalpina, Inc., and 1/3 of 2.5% to the broker.
> 
> 32. All offers and awards will be subject to provision of Section 416(b) rules and regulations. All awards are subject to approval by USDA.

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