Vietnam Award02-056
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Award
Vietnam FFP 02-056
IFB Number: VN-FFP-02-056
Agent: Panalpina, Inc.
Owner: Teco Ocean Shipping
Vessel: Pat Cantrell with Tug Betty Wood
Cargo: Wheat in Bulk
Part Cargo as per Freight Tender
Quantity: 7,000 MT Min/Max
Round Trip: US$ 126.95 PMT
One Way Rate: US$ 82.26
Loading: 1/2 SB 1 SP US Gulf (Mississippi River)
Laydays: December 20-30, 2002
Discharging: SB NHA Rong - Saigon Port, Vietnam
Demmurrage: US$ 12,000/HD at Load
US$ 8,000/HD at Discharge
Owner: IMC Maritime Group, Inc.
Vessel: MV Pactrader
Cargo: Wheat in Bulk
Part Cargo as per Freight Tender
Quantity: 18,000 MT Min/Max
Freight Rate: US$ 45.00 PMT
Loading: 1/2 SB 1 SP Columbia River District Including Portland
Laydays: December 20-30, 2002
Discharging: SB NHA Rong - Saigon Port, Vietnam
Note: If vessel fixes part Cargo of approximately 10,000 MT zinc concentrate to
Akita Japan above freight rate to be reduced by 0.50 PMT.
Tender
Vietnam FFP 02-056
Hereunder is the Freight Tender under Vietnam FFP FY 2002 Prog for
announcement:
Freight Tender: Vietnam
Vietnam- Food for Progress Program
Wheat in Bulk
IFB Number: VN-FFP-02-056
Date: November 26, 2002.
Panalpina, Inc., Project Division on behalf of the Embassy of the
Socialist Republic of Vietnam for the Ministry of Finance, Govt. of
Vietnam, as Charterers, requests offers of U.S. flag vessels geared or
gearless and non-U.S. flag geared vessels (towed tug barge arrangements
are not acceptable) for transportation of approximately 25,000 MT bulk
wheat, full or part cargo, financed under Food for Progress Program.
Vessel owners and brokers should consider offering vessels to carry a
range of tonnage in the event the quantity purchased is more or less
than the quantity stated in this tender.
Cargo to be contracted on a minimum/maximum basis. If offer is basis
part cargo then ship owner to certify that any additional cargo will be
duly separated and must be compatible and non-injurious to the Vietnam
wheat. Further this completion cargo is subject to USDA and Charterer's
approval. If completion cargo contracted after the fixture of Govt. of
Vietnam cargo, the vessel itinerary and geographic proximity of the
completion cargo(s) will be taken into consideration by the Charterer
and USDA for approval of such part cargo(s), in order not to unduly
impede the delivery of the Government of Vietnam cargo to the discharge
port.
Grade Quantity Laydays
#2 SWW 10,000 MT December 20, - December 30, 2002
#2 NS 15,000 MT December 20, - December
30, 2002
Load Port: 1 to 3 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.
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.
1. 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
20,000 - 29,999.99 6,000
B) Tankers/contracted quantity in MT Load guarantee in MT
0 - 9,999.99 4,000
10,000 - 19,999.99 5,000
20,000 - 29,999.99 6,000
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.
2. 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.
3. 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).
4. 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
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 CCC/Supplier for storage charges or
a certification from CCC/Supplier that storage charges did not accrue.
5. Discharge port: 1 or 2 safe berths Nha Rong - Saigon Port.
For guidance without guarantee. At discharge ports maximum draft is 11 m
SW and vessel maximum height from water level to top of mast/antenna
maximum 45 m. LOA max 225m, vessel DWT at berth max 36,000 mt, vessel
DWT at anchorage max 40,000 mt. Vessel is solely responsible for
arriving at discharge ports and berths with safe and acceptable draft
and within acceptable size restrictions.
6. Discharge terms: The cargo to be discharged, free of risk and
expense to the vessel (free out discharge), at the rate of 1,000 tons
for multideckers and/or 1,200 tons for bulk carriers per weather working
days of 24 consecutive hours, Saturdays, Sunday and holidays excepted,
even if used wwwdsatshex, eiu, on the basis of the bill of lading
quantity. Discharge guarantee shall not apply on lash/seabee barges,
but, same to be discharged in regular turn without undue delay.
Charterer to appoint and pay for stevedores at port of discharge.
7. All non US Flag vessels must be geared and suitable for
clamshell discharge and capable of discharging from all hatches
simultaneously. US Flag tankers and gearless US flag vessels will only
be considered provided they provide all necessary vacuvators, fuel,
pipes, pipe supports, labor and technicians for vacuvators to
discharge.
8. Tanker discharge clause: U.S. flag tankers will be considered
basis full lightening into bulk carrier(s) in the discharge port.
Lightening, if required at discharge, to be at Owners time, risk and
expense. Owners to appoint VOSA as lightening contractor, provided VOSA
fees are competitive and in accordance with market rates. Laytime shall
commence at 0800 hours next working day after bulk carrier daughter
vessel(s) have presented their notice(s) of readiness to discharge.
Discharge rate of the daughter vessel(s) shall be at the rate for bulk
carriers at 1200 m/t per day as per clause no. 6 above.
9. Upon completion of loading and prior to sailing owners to
arrange and pay for sealing of all hatch covers and other openings to
prevent any outside water from entering cargo compartments. National
Cargo Bureau certificate stating same is required by Charterers. Vessel
to have mechanical or hydraulic hatch covers.
10. Lightening clause at discharge port(s): In the event vessel
arrives at the discharge port(s) with an arrival draft exceeding the
permissible drafts as stated in clause 5 above.. Lightening, if required
at discharge, to be at Owners time, risk and expense. Owners to appoint
VOSA as lightening contractor, provided VOSA fees are competitive and in
accordance with market rates. In the event of full lightening, laytime
shall commence at 0800 hours on the next working day after daughter
vessel(s) have presented their notice(s) of readiness to discharge.
Discharge rate of daughter vessel(s) shall be at the rate for bulk
carriers at 1200 MT per day. 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 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. Laytime allowed, whether full
or partial lightening, shall be based on the bill(s) of lading weight.
11. Laytime is non reversible. Discharge port laytime accounts to be
settled directly between Charterer and vessel owner. Vessel owner is to
prepare and submit signed discharge port laytime statement to Charterers
agent 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. USDA/CCC shall
not be responsible for resolving disputes involving calculation of
laytime or the payment of demurrage of dispatch between charter and
vessel owners. Any/all disputes between Charterer and vessel owner
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.
12. 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. Offers requiring
additional freight charge for additional berths at load and or discharge
port will not be considered. 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.
13. 100 % freight payment for vessel's on arrival at first or sole
discharge port, consult payment clause of proforma C/P (Norgrain/Vietnam
dated November 2002.
14. Laydays are non-reversible.
15. Demurrage/Despatch rates to be stipulated in offer with despatch
rates to be one-half of demurrage rates.
16. Vessels offered with layday canceling later than the dates
stipulated above will not be considered responsive to this tender.
17. Extra insurance: Any extra insurance on cargo and/or
freight for U.S. flag vessels due to age or type to be for owner'
account basis New York Market rate. Any extra insurance premium on
cargo and freight for Non-US flag vessel's age (over 10 years) or type
to be for owner's account basis Lloyds of London., Year of original
construction and not rebuilt year to count. 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
18. 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.
19. 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.
20. 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.
21. U.S. flag offers will not be considered if vessel operator has
not provided MARAD with the vessel costs prior to submission of offer.
22. 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.
23. 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.
24. ISM Code requirements are incorporated into this charter party.
25. Owners are to appoint agents at loading port(s) and Charterers
are to appoint agents at discharging port(s). In all instances, agency
fees shall be for Owner's account, but are not exceed customary
applicable fees. Charterer hereby appoints following agents for the
discharge port(s) :
VOSA Group of Companies
Saigon Transaction Office
7, Nguyen Hue Street, District 1, Ho Chi Minh city
Tel: (84) 33826008/826121
Fax: (84) 33827268
E-mail: VOSAqninh@hn.vnn.vn
Attn: Mr. Mai Van phuc, Vice General Director
Mr. Trinh Vu Khoa - Mobile: (84) 903409106.
26. 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 the
Embassy of Vietnam 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 ship owner.
27. Offers must be submitted basis this IFB and the proforma charter
party of the Embassy of Vietnam. A copy of the proforma charter party
(Norgrain/Vietnam/FFP/2002) is available from Panalpina, Inc., Project
Division, Telephone 202/659-2825.
28. 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.
29. 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 December 2, 2002 and are to
remain valid through close of business Washington, DC time on December
6, 2002. If a fax offer begins to print before 1100 hours Washington, DC
time on December 2, 2002 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 December 3, 2002.
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. on U.S. and on non-U.S.
flag fixtures if offered direct. If a broker is involved 2/3rd of 2.5 %
to Panalpina, Inc. and 1/3 of 2.5 % to broker on U.S. and non-U.S. flag
fixtures.
32. All offers and awards will be subject to provision of Food for
Progress rules and regulations. All awards are subject to approval from
the Embassy of Vietnam and also subject to approval by USDA.
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