Azerbaijan Award02-049
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Azerbaijan ADRA 416(b) 02-049
Award
Request posting of the following award approved
by USDA eff October 15,
2002:
Charterer/shipper: Adventist Development and Relief Agency International
(ADRA)
Freight tender nr: AZ-ADRA-416(b)-02-049
Owner: IMC Maritime Group. Inc.
Vessel: MV MARITSA , Cyprus Flag Built 1995 , Bulk Carrier
LOA: 224.95 M / Beam 32.24 M ; 73,000 DWT on 13.91 M SSW
7 holds/ 7 Hatches, Speed about 13 Knots
Cargo: One Grade of Wheat- 16,000 MT Min/Max ( fixed in combination with
30,000 MT Wheat for Uzbekistan - duly separated at owners
expense/risk/time)
Load Port: 1 to 2 safe berths 1 or 2 safe ports U.S. Gulf
Laydays: Oct 22-31, 2002
Discharge Transit Port: Batumi, Georgia
Delivery Initial Point of Discharge - Free On Rail Sumgait, Rail
Station As per Freight tender.
Terms: As Per Freight Tender.
Freight Rates:
1)Ocean Transportation from Load port to Discharge Transit Port:
a)Basis same load berth and same load port as Uzbekistan cargo $23.75
PMT
b)Basis different load berth but same load port as Uzbekistan cargo
$24.50 PMT.
c)Basis different load berth and different load port as Uzbekistan cargo
$25.25 PMT.
2)Bulk Discharge Rate: $6.00 PMT.
3)Inland Transportation rate: $ 23.00 PMT.
Increase above rates by $1.75 PMT on entire cargo for Mississippi River
Load.All above rates basis one load port for Azerbaijan cargo.
Additional $1.50 PMT on entire cargo for second load port if used.
Demurrage/Despatch AT Load Port Only : $ 9,500 / Half Despatch.
Freight Tender for ADRA Azerbaijan Sec 416(b) 16,000 MT Wheat in Bulk for announcement:
Freight Tender: ADRA - Azerbaijan, Section 416(b) Wheat in Bulk (HRW)
IFB: AZ-ADRA-416(b)-02-049
Date: October 2, 2002
Panalpina, Inc., Project Division on behalf of the Adventist Development and Relief Agency International, 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 16,000 MT bulk wheat, 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 Port(s). The greater New Orleans areas, including but not north of Baton Rouge LA.; the Columbia River District including Portland; the San Francisco Bay area including Sacramento and Stockton, to be considered respectively as one load port.
2. Quantity :16,000 MT Min/Max Wheat in Bulk Laydays: October 22-31, 2002, Owners should consider offering a range of quantities to accommodate the quantity of commodity actually purchased. Vessels will be fixed on a minimum/maximum quantity basis.
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 4,000
10,000 - 19,999.99 5,000
B) Tankers/contracted quantity in MT Load guarantee in MT
0 - 9,999.99 4,000
10,000 - 19,999.99 5,000
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.
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 ADRA's cargo, and must be approved by charterers/USDA. Cost of separations, if any, for account of owner.
7. 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).
8. 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.
9. Discharge port(s): Discharge port and initial point of discharge to be A) Baku Main Station (Tovamaya Station), Station Number 547105 for all 16,000 MT if shipment comes via Russia; B) Sumgait Rail Station, Station Number 546403 for all 16,000 MT if shipment comes via Georgia. 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. Discharge terms: Berth terms discharge with no demurrage, no despatch, no detention. Contractor is to deliver cargo in bulk under through bill(s) of lading to the initial point(s) of discharge at owner's time, risk and expense at: a) Free On Rail (FOR) Baku Main Station (Tovamaya Station) - Rail Number 547105; b) Free On Rail (FOR) Sumgait Rail Station - Rail Number 546403. All of the above are free on rail. Successful bidders are to provide the name of their inland transportation contractor prior to USDA's final approval of fixture. Offeror should include mode of inland transport, routing and approximate transit time from discharge port to the point of initial discharge 72, 48 and 24 hours notice of the arrival of the cargo shall be provided by the inland transportation contractor to the receivers. Cargo to arrive destination between December 1-15, 2002.
11. Freight rates to be quoted per Metric ton Vessel Load/Berth Terms discharge with no demurrage/no despatch/ no detention basis one loading port to one discharging port. Plus additional freight for each additional load or discharge port, if used. Offers requiring additional premium for additional load or discharge berth will not be considered responsive to the tender. Freight rate quotations are to provide per Metric Ton breakdown of rates for: a) Ocean Transportation; b) Bulk Discharge; c) Inland transportation to the point(s) of initial discharge; d) Cost of lightening if applicable to offer.
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 (Norgrain/ADRA/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. As an alternative to the above letter from FGIS, a tween-deck vessel will be considered if the offer states that the vessel owner agrees to cooperate with FGIS in a test of in-transit fumigation (re-circulation method) and agreed to bear any additional costs of such test which exceed the normal cost for fumigation of the vessel. Such offer must be accompanied by a letter from FGIS stating that the named vessel is suitable for such a test. (FGIS standards and procedures branch 202/720-0252). 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 used for fumigation to count as laytime for both US and non US 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. At load port vessel's agent will be appointed and paid for by owners.
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 ADRA 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 ADRA. A copy of the proforma charter party (Norgrain/ADRA/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 1100 hours Washington, DC time on October 7, 2002 and are to remain valid through close of business Washington, DC time on October 10, 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 October 8,2002.
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. All awards are subject to approval from ADRA and also subject to approval by USDA.
For further information please call 202/659-2825. END.
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