Pakistan Award02-047

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Pakistan 416(b) 02-047

Award

Owner: August Trading
Vessel: Sabine Eagle 
U.S. Flag Tanker Built 1983
Cargo: Crude Degummed Soybean Oil in Bulk
Quantity: 25,800 MT Min/Max
Loading: 1 to 3 safe berths - NOLA.
Laydays: December 15-25, 2002
ETA loadport: December 14, 2002
Discharge: 1 to 2 safe berths Karachi Pakistan
Freight Rate: US $101.95 PMT. 
One Way Rate: US $65.26
Dem/Des: US $20,000 No Despatch at load
US $10,000/HD at Discharge Port 


USDA Reference No: PAK-416(b)-02-047

Owner: K-Sea Transportation Corp. Staten Island NY
Vessel: Spring Creek
US Flag Push-Mode Integrated Tug/Barge Unit 
TUG: Kara Sea 
US Flag Built 1974
Cargo: Crude Degummed Soybean Oil in bulk.
Quantity: 12,000 MT Min/ Max
Loading: 1 to 3 safe berths - NOLA
Laydays: December 15-25, 2002
Discharge: 1 to 2 safe berths Karachi, Pakistan
Roundtrip rate: $174.18 pmt
One way rate: $95.24 pmt
Dem/Des: US $ 10,000 PDPR /No Despatch at load port
US$ 8,000 PDPR / Half Despatch at Discharge Port 

Amendment
Please see below amendment nr 1 for Pakistan CDSBO Freight Tender No. PAK-416(b)-02-047 dtd Sep 20, 2002 for announcement:

Amendment No. 1

Pakistan Freight Tender for CDSBO No: PAK-416(b)-02-047.

The Freight tender is hereby amended as follows:

1. Quantity Laydays

Approximately 37,800 MT - December 15-25, 2002 if one load range.

If two load ranges than Laydays shall be Dec 10-25, 2002.

Contracted Quantities to be on a min/max basis. Offers to be submitted in accordance with laydays stated above. Offers with laydays other than those stated above will not be considered.

16. Owner is responsible for paying all carrying, interest and storage charges, if any, by reason of vessel's failure to present ready in all respect to load prior to the cancelling date. In the event of two ports load or split two range load, even if vessel presents at first load port within the cancelling date, owners are still responsible for any and all carrying , interest and storage charges that may be charged by supplier(s) at the subsequent load port(s). Carrying charges will be assessed through bill of lading date in accordance with the trading rules of NIOP.

End of Amendment

Tender

Panalpina, Inc., Project Division, Washington DC 
For and on Behalf of The Embassy of Pakistan, Washington DC
Date: September 20, 2002
Freight Tender _ Pakistan Sec 416(b) FY 2002 _ Bulk CDSBO
Freight Tender No: PAK _416(b)-02-047

The Trading Corporation of Pakistan (TCP) through the Embassy of Pakistan in Washington requests offers of U.S. and non-U.S. flag tankers for the carriage of Crude Degummed Soybean Oil (CDSBO) in bulk to Pakistan under Section 416(b) program as follows: 

1. Quantity Laydays

Approximately 37, 800 MT December 15-25, 2002

Contracted quantities to be on a min/max basis. Offers to be submitted in accordance with laydays stated above. Offers with laydays other than those stated above will not be considered. 

2. Load: 1 to 3 safe berths each 1 to 2 safe U.S. ports. Owners should take note that offers which do not provide for three (3) berths at load port may not be successfully matched with commodity purchases. Loading berths on the Mississippi River, not north of but including Baton Rouge, Louisiana, San Francisco Bay Area including Stockton, and Sacramento, Columbia River District including Portland, Oregon, are considered respectively as one load port. 

3. Discharging: 1 to 2 safe berths, Karachi, Pakistan, where port restriction without guarantee from charterer are as follows: Maximum LOA 213 M, Maximum Beam 28 M, Maximum arrival draft 34.4 feet. 

4. All port charges at load and discharge ports including facility charges, wharfage, dockage, quay dues or similar charges are for Owner's account.

5. All shifting costs between berths at loading and discharging ports and from anchorage to load/discharge berths for owners' account. Time not to count. 

6. Freight to be quoted basis full or part cargo per MT and basis free in/vessel discharge 1 load to 1 discharge port, plus extra freight for additional load ports if used. Premiums for additional load ports will be considered in determining lowest landed costs in those situations when commodities are likely to be loaded at more than one port. Offer requiring additional charges for additional load/discharge berth used will not be considered responsive to this tender.

If owner intends to lighten, the offer should specify the cost of lightening whether partial or full lightening. If lightening is not performed and vessel(s) discharge directly at berth, USDA will deduct the cost of lightening from the ocean freight. 

7. Owners shall warrant the vessels to list last 3 cargoes carried (for both ocean vessel and lighterage vessel, if applicable) in the cargo tanks and the last 3 cargoes pumped through the cargo pumps and lines (if different) and certify in their offer that the last 3 cargoes were clean, unleaded and non-toxic. Further, owners to certify that the immediate previous cargo for tanks, lines and pump system (for both ocean vessel and lighterage vessel, if applicable) designated to load the oils must be in compliance with the NIOP/FOSFA joint list of acceptable previous cargoes. Owners must stipulate exactly the last three cargoes carried, without statements of "and or" or "will be". Further cargoes must be fully spelled out without abbreviations. 

8. Load Terms: FREE IN at the rate of 250 MT per running hour, WWDSHINC, with demurage, no dispatch

9. Discharge term: Berth term discharge at the rate of 100 MT per running hour WWDSHINC with demurrage and dispatch.

10. Owners to give charterers 14 days pre-advice of vessel's ETA at load port. Said preadvice be submitted by fax 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 received on the same day. Notice received after 1100 hours will be considered as received on the next working day. Notice to include name of vessel, description and ETA Load port/range with declared tonnage to be loaded. Said notice also to state the last three cargoes that were on board the vessel and that they are unleaded and non-toxic.

11. At loading: Charterers to appoint an Independent Inspection surveyor to inspect tanks, pumping and other equipment with certificates to be submitted to supplier(s) of the commodities and Charterers' outport Agent along with the Notice of Readiness. Inspections and certificates to be for Owners' time, risk and expense. The vessel inspection to be performed by an independent surveyor as mutually agreed by owner and charterers.

12. Laytime at load port to commence at six (6) hours after vessel's Master or Agent files the Notice of Readiness to the declared loading terminal, vessel having passed inspection by the nominated Independent Inspection company. If second or more load berth(s) or port(s) are used laytime at the second or subsequent load berth(s) and or port(s) shall commence six (6) hours after vessel Notice of Readiness is filed at that berth and or port and vessel being ready to commence loading at said subsequent berth and port. Prior time used not count as laytime. Demurrage to be stated in the offer. Demurrage to be settled directly between vessel owner and the supplier(s) of the CDSBO. Under no circumstances shall CCC or charterer be responsible for resolving any disputes involving the calculation of laytime or the payment of demurrage between vessel owner and the supplier(s). Any and all disputes between vessel owner and the commodity supplier(s) arising out of this contract relating to settlement of laytime issues shall be arbitrated in New York subject to the rules of the Society of Maritime Arbitrators, Inc.

13. Laytime at discharge port to commence at 0800 hours the next regular working day after vessel tenders, during regular business hours, whether in berth or not. Prior time, if used, not to count. At port of discharge, vessel to be in free pratique on arrival. Demurrage/Dispatch rates to be stated in the offers. Dispatch rate to be one-half of the Demurrage rate. Notice of Readiness to be tendered to Charterer or their designated discharge port agent. Owner to submit to Trading Corporation of Pakistan, (Pvt.), Ltd, 4th Floor Finance and Trade Center, Sharea Faisal Karachi, Pakistan and Charterer's agents, Panalpina Inc. Project Division Washington DC, copy of the Notice of Readiness tendered and the Statement of Facts at discharge port, within 30 days of vessel having completed discharge. Panalpina will prepare and submit the Laytime calculations at discharge port for owners review within 15 days of receiving the said documents.

14. Laytime is non-reversible

15. Time used for connecting and disconnecting hoses at discharging port(s) is not to count as laytime.

16. Owner is responsible for paying all carrying, interest and storage charges, if any, by reason of vessel's failure to present ready in all respect to load prior to the canceling date. Carrying charges will be assessed through bill of lading date in accordance with the trading rules of the NIOP. 

17. Owners to appoint and pay for their agents at the loading port(s). Charterer to appoint their outport agent at the load port, owner paying the agency fee of US $1,500.00 per load port. At discharge port Charterer to appoint Agent owner paying customary agency fee provided rates are competitive. Agent is Pacific Maritime (Pvt) Ltd., Karachi.

18. Commingling of cargo for other destinations is prohibited. The Owner guarantees that no dangerous or poisonous cargo will be shipped on the vessel and the cargo will be safely segregated. Owners of the vessel(s) to be responsible for the contamination of cargo on board due to leakage in pipes or for any other reason(s). Upon the vessel's sailing from the last U.S. port of loading, copies of the stowage plan and manifest will be faxed to Charterers' agent, Panalpina, Inc., Project Division, Washington DC - Fax: (202) 659 2830.

19. Trans-shipment is not permitted.

20. Ship owner and or their agent to release original and non negotiable bills of lading to charterer's agent, Panalpina Inc., Project Division, Washington, DC, immediately upon completion of loading and without any undue delays. Bill of Lading to be in accordance with shore figures. If any discrepancies, between shore figures and ships tank ullages, shore figures will prevail.

21. Upon completion of Loading, vessel to sail directly to Karachi, Pakistan as the first discharge port. Master and or owner and or agent to send a Sailing Notice to charterer, Trading Corporation of Pakistan, Karachi, Fax numbers, 9221-920-2722 or 9221-920-2731 and Telex # 21084 TCP PK, with a copy to 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 Karachi.

22. 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.

23. Lightening whether partial or full lightening is to be at ship owner's time, risk and expense. 

24. Owner to obtain Karachi Port Trust permission for lightening of vessel at outer anchorage beyond 12 miles limit.

25. Prior to commencement of the lightening operations lighter vessels to be duly inspected for cleanliness and readiness to receive the cargo from the mother vessel. Said inspections to be arranged and paid for by ship owner and certificate of cleanliness to be submitted to TCP and or their discharge port agents.

26. Lighter vessels to file their notice of Readiness to discharge to TCP or TCP discharge port agents, with the aforementioned certificate of cleanliness. Laytime on mother vessel (in case of partial lightening) or lighter vessel (in case of full lightening) will commence at 0800 hours next day and discharge rate of 100 MT per running hour WWDSHINC will apply. Prior to time used shall not count. Laytime for second lighter vessel and subsequent lighter vessels will commence at 0800 hours next day after the first or previous lighter vessel has completed the discharging of its cargo on board. Prior time used shall not count.

27. U.S. flag vessels approved freight rates will be reduced to 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). For vessels loading 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. 

28. If shipment is contracted on a part cargo basis, any additional completion cargo(es) must be duly segregated by tank and must be compatible and non-injurious to TCP Cargoes and must be detailed in the offer or approved by charterer/USDA if contracted after fixture of Pakistan/TCP Section 416(b) cargo(es). Vessels itinerary and geographic proximity of completion cargo(es) will be taken into consideration by charters/USDA in approval of such cargoes in order not to unduly impede delivery of Pakistan/TCP 416(b) cargo to Pakistan.

29. 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.

30. One-way rates must be quoted in addition to round trip rates for U.S. non-liner vessels whose date of original construction exceeds 15 years from date of fixture.

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

32. Owners guarantee that this vessel, if required, complies fully with the International safety Management (ISM) Code and is in possession of a valid Document of Compliance and Safety Management Certificate and will remain so for the entirety of her employment under this charter party. Owners are to provide charterers with satisfactory evidence of compliance, if required, to do so and remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM. 

33. Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302 (e), establishes, effective January 1, 1999, with respect to Non-US flag vessels and operators/owners, that substandard vessels and vessels operated by operators 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 tender may be preference cargo, offerors must warrant that vessel(s) and owner/operators are not disqualified to carry such cargo(es).

34. Freight Payment: In accordance with Sec 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 the carrying/interest charges if any, CCC/USDA will have the right deduct same from the ocean freight. 

35. Extra Insurance: On US Flag _ Any additional premium due to vessel age, type, ownership or configuration shall be for the ship owner's account and shall be at the prevailing rates in the New York insurance market. On NON US Flag vessels _ over 20 years age from original built date will not be acceptable. Additional premiums for mother or daughter(s) vessel aged 11 to 20 years to be at owner's account at prevailing rates in the London Market or as charged to TCP by the National Insurance Corporation of Pakistan but not to exceed prevailing rate of London Market. Such premium to be paid by ship owner to TCP against TCP Invoice with supporting statement from their Insurance company.

36. Offers to be accompanied by a Certified Bank Draft or Cashier's check in the amount of US $10,000.00 for each vessel in favor of the Embassy of Pakistan (Food Division), Washington DC. Successful bidder's bid bond(s) will be returned on receipt of Performance Bond which will be furnished by owners/operators within five (5) working days after receipt of confirmation of fixture. Bid bonds of unsuccessful bidders will be returned to them soon after expiration of offers.

37. Successful bidder will post a performance bond within five (5) working days in the form of an irrevocable L/C equivalent to five (5) pct. of the ocean freight in favor of the Embassy of Pakistan c/o Panalpina, Inc., Project Division by a first-class U.S. bank. Said L/C to be valid for 30 days beyond the canceling date of the relevant charter party. However, Embassy of Pakistan will release the said bond upon vessel's presentation for loading within the contracted laydays. The L/C is to be collectible by draft at sight accompanied by a statement from the Embassy of Pakistan, Washington DC that ship owner did not perform in accordance to the C/P or did not deliver the goods as stated on the bills of lading. 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.

38. All other terms and conditions are as per C/P VEGOILVOY as adapted by the Trading Corporation of Pakistan September 2002 for Bulk CDSBO and which is available from Panalpina, Inc., Project Division.

39. Offers are to be submitted in writing to Panalpina Inc., Project Division, 1100 Connecticut Avenue, NW., - Suite 520, Washington DC 20036 either by courier, mail, hand delivery or via FAX number: (202) 659-2830, to be received no later than 1400 pm hours Washington DC time on September 24, 2002 and to remain valid until close of business Washington, DC time on September 27, 2002. Telephone offers will not be considered. Late offers and offers based on terms other than those contained in this freight tender and charterer's proforma charter party will be considered non-responsive. If a telex offer begins printing before 1400 hours on September 24, 2002 and continues printing past that time until completion, offer will be considered as being received on time. 

40. All Offers will be opened and read in public at the time and place of the tender. Only offers that are responsive to this tender will be considered. No negotiation will be permitted in accordance with Sec 416(b) regulations. Charterers reserve the right to accept or reject any or all offers. U.S. flag offers subject "open" will be considered if subject "open" restriction is lifted prior to 1100 hours, Washington, DC time on September 25, 2002. Non-US flag offers with subject "open" will not be considered.

41. All offers and subsequent awards will be subject to Section 416(b) regulations pursuant thereto.

42. 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.

43. The U.S. Department of Agriculture, Kansas City Commodity Office's guidelines for "Claims for Over, Short and Damaged Cargo Documentation" dated November 1,1988 is fully incorporated in this contract.

44. Commissions: 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 offers 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 1/3rd of 2.5% shall be payable to the said owner's broker.

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