Mozambique Award02-059

IFB #:
02-059
Tender Date:
Award Date:
Award Flag:
---
PVO:
Gov. to Gov.
Agent:
Partenaire Co.
Program:
Food for Progress

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Award

Mozambique 02-059 March 10, 2003

MV Liberty Grace, U.S. flag geared bulkcarrier built 2001.
17000 MT min/max bulk wheat
Laydays March 20 - 30, 2003
1/2 SB, 1/2 SP U.S. Gulf
1/2 SB each Maputo/Matola and/or Beira and/or Nacala
Gross Load at 5000MT/day
Free Discharge at 2000MT/day disch if Stema silo Maputo. Other berths/ports
1500MT/day disch basis min 4 workable holds
Freight rate basis discharge at Stema in Maputo at 2000MT/day rate =
$139.98/MT one load port to one discharge port.
For discharge at 1500MT/day, premium of $2.50/Mt on entire cargo.
Second load port, if used, premium of $6.00/MT on entire cargo.
Premium of $4.00/MT on entire cargo for each additional discharge port, if
used.
For lightening in Nacala and/or Beira premium of $29.50/MT on quantity
lightened which must be a minimum of 5000 tons.
One way rates:
Basis Stema Silo discharge at 2000mt/day = $101.27/MT
Basis discharge at 1500mt/day = $107.83/MT
Basis discharge in Nacala = $123.64/MT

Freight tender MOZ-FFP-02-059 dated February 25, 2003

Partenaire Co. as agent for the Government of the Republic of Mozambique,
subject to the provisions of the Food for Progress program, 7 CFR Part 1499,
the Proforma NORGRAIN charter party adapted 2003, and the terms and
conditions
set forth below, invites firm offers of U.S. and non-U.S. flag named vessels
(full or part cargo basis).

1. Offers.
Offers shall be received at the below address latest by:
11:00 AM March 3rd, 2003 and remain valid until:
18:00 PM March 6th, 2003
All times Washington DC local time.

2. Cargo.
Wheat in bulk.

3. Quantity.
Approximately 17,000 metric tons. Contract quantity shall be on a min/max
basis. Owners should consider offering vessel(s) to carry a wider range of
tonnages in order to accommodate the final program tonnage.

3.1. Part cargo offers.
Any additional completion cargo(es) must be duly separated by natural
separations, must be compatible and non-injurious to this wheat cargo, must
be
detailed in the offer or approved by charterers/USDA if contracted after
fixture of the Mozambique FFP cargo. Vessel's itinerary and geographic
proximity of completion cargo(es) will be taken into consideration by
charterers/USDA in approval of such part cargo(es) in order not to unduly
impede delivery of the Mozambique FFP cargo to the discharge ports.

4. Laydays / canceling dates.

March 20 - 30, 2003.

Offers with canceling dates beyond the canceling date specified above will
not
be considered.

5.Preadvice.
Vessel shall give a minimum 14 days notice of ETA load port/range. The 14
day
preadvice must be received by charterer's agent no later than 11:00 AM
(Washington DC time) on the business day it is given. Preadvice received
after
11:00 AM or on a holiday will count as received on the next business day.

6. Loading.
Vessel shall load at 1/2 Safe Berth(s), 1/2 Safe Port(s) U.S. Port(s) or
Canadian transshipment points. Offerors should specify the US coastal range
and/or load port(s) which are applicable to their offer. For offers basis US
Great Lakes utilizing feeder vessels, offer is to include the name and
description of feeder vessels.

7. Discharging:
Vessel shall discharge at 1/2 Safe Berth(s) each Maputo/Matola (considered
as
one port) and/or Beira and/or Nacala. Vessel is solely responsible for
arriving
at the discharge port(s) and berth(s) with a safe and acceptable draft and
within acceptable vessel size restrictions.

8. Freight rate.
Freight rate shall be in U.S. dollars per metric ton basis 1 load port/1
discharge port. Additional freight charges must be specified for each
additional load port(s)and each additional discharge port(s), if used.
Offers
requiring additional charges for additional load and/or discharge berths
will
not be considered.

No other additional charges may be quoted in the offer.

9. Freight payment.
Freight is payable by CCC when the vessel and cargo have arrived at the
first
or sole discharge port. For complete detail of the documentation required
for
freight payment, please refer to charter party proforma clause 46 and note
provisions regarding payment by electronic transfer.

10. Terms.
Vessel Load / Free Out Discharge.

11. Load rate.
The cargo is to be loaded according to berth terms with customary despatch
at
the average rate as delineated below based on vessel's contracted quantity.
The
rates are basis tons of 2204.6 lbs per weather working day of 24 consecutive
hours, Sunday and Holiday excepted even if used. Saturdays per BFC Saturday
clause.

11.1. Bulk carriers (including bulk carrier barges):
Vessel contracted quantity Load rate

0 - 9,999.99 MT 4,000 MT Per Day
10,000 - 19,999.99 MT 5,000 MT Per Day

11.2. Tankers:
Vessel contracted quantity Load rate

0 - 9,999.99 MT 4,000 MT Per Day
10,000 - 19,999.99 MT 5,000 MT Per Day

11.3. Tweendeckers/liner vessels: the load rate shall be 3,000 MT per day.

11.4. LASH/Seabee barges: the load rates shall not apply.

11.5. Laytime accounts are to be settled directly between owners and
commodity
supplier(s) at load port(s). Laytime calculation, overtime and trimming to
be
in accordance to addendum No. 1 of the North American Export Grain
Association,
Inc. FOB contract No. 2 (revised as of May 1, 2000) clauses 1-10 inclusive,
(hereinafter NAEGA) regardless of type of vessel. Further, the following
modifications to NAEGA will apply: anywhere the word "buyer" appears, the
words
"shipowner" should be substituted in its place. Under no circumstances shall
charterers or CCC be responsible for resolving disputes involving the
calculation of laytime or the payment of demurrage or despatch between the
vessel owners and the commodity supplier(s). Any/all disputes between vessel
owners and the commodity supplier(s) 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. Discharge rate.
Discharge rates are basis weather working days, Saturdays, Sundays, Holidays
Excluded even if used (WWDSATSHEX EIU), always provided vessel can discharge
at
the charter party rate.

12.1. For discharge at Stema silo berth in Maputo: bulkcarriers 2,000 MT per
day, tweendeckers and liners 1,200 MT per day.

12.2. For discharge at other berths/ports: bulkcarriers 1,500 MT per day,
tweendeckers and liners 1,200 MT per day basis a minimum of 4
available/workable holds or prorata.

12.3. No discharge rate for LASH/Seabee barges.

12.4. Discharge port laytime accounts are to be settled directly between
charterer and vessel owner. Vessel owner is to prepare and submit signed
discharge port laytime statement to charterer's agent for approval within 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 owner are to be presented with signed discharge port laytime
statement.
Charterers or their agents shall promptly furnish to the Director of USDA PL
480 Operations Division a copy of the signed Notice of Readiness, laytime
statement and Statement of Facts at discharge port(s). 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 owner. 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.

13. Demurrage / Despatch.
Laytime is non-reversible. Offers shall specify the demurrage and despatch
rates. Despatch must be half of the demurrage rate quoted.
Demurrage/despatch
is applicable at load and discharge ports.

14. Lightening.
If owners intend to lighten the cargo at the discharge port, the offer
should
specify the cost of lightening, whether partial or full lightening. If
lightening is not performed, and vessel discharges directly at the berth(s),
then USDA will deduct the lightening cost from the ocean freight. For
tankers,
full lightening into bulkcarrier(s) is mandatory.

15. Offer specifications.
Only firm offers of named vessels with full particulars and which are
responsive to this IFB will be considered. U.S. flag offers subject open are
acceptable provided the subject is lifted by 11:00 AM March 4th, 2003.

Offers are encouraged to provide all relevant information such as: Vessel's
name, flag, owners full style, vessel type, Built date, DWAT, cubics, LOA,
beam, draft, speed, hold/hatches, class, vessel gear, whether full or part
cargo and if part cargo with complete details on completion cargoes and
itinerary, vessel's present position, itinerary and ETA, freight,
demurrage/despatch rates.

Non-Vessel Operating Common Carriers (NVOCC) may not be employed to carry
U.S.
or foreign flag shipments.

16. Fumigation.
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 the 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 tweendeckers and bulk carriers
(including push mode ITB), the recirculation method of fumigation will be
used.
For tankers and tug barges other than push mode ITB's, surface application
will
be used.

Tweendeck vessels will be considered provided they are acceptable for in-
transit fumigation in accordance with 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, tweendeck vessels are acceptable only when a certified
applicator
states that the vessel has been inspected and found to be suitable for
fumigation and such written statement from certified applicator should be
submitted with offer.

If the cargo is found to be infested upon arrival at the discharge port by
government inspectors and clean bills of lading have been issued, fumigation
costs, if any, shall be for the vessel's account and time to count for U.S.
and
foreign flag vessels.

17. Vessel restrictions.
17.1. For non-U.S. flag vessels, only bulk carriers will be considered.

17.2. For U.S. flag vessels, towed barges are excluded, push mode ITB units
are
acceptable. Tankers are allowed subject to full lightening into
bulkcarrier(s).

17.3. For both U.S. and non-U.S. flag vessels, vessels must have mechanical
or
hydraulic hatch covers. Vessels must be classed highest ABS, Lloyds or
equivalent. In case of discharge at non-silo berth(s), vessels must be
equipped
with gear rated minimum 8 MT SWL able to service every hatch and suitable
for
clamshell discharge. U.S. flag gearless vessels must provide adequate
discharge
equipment capable of maintaining the guaranteed discharge rate. U.S. flag
gearless vessels providing vacuvators or marine legs for discharge must also
provide all necessary power, fuel, pipes, supports for pipes and technicians
to
operate the vacuvators or marine legs.

18. Insurance.
Foreign flag vessels shall not be older than 20 years. Any extra insurance
on
cargo incurred owing to vessel's age, type, class, flag or ownership to be
for
owners' account. In the case of U.S. flag vessels, such extra insurance will
be
limited to the maximum obtainable in the New York market.

19. Vessel agents.
Vessel agents at load port(s) shall be appointed and paid for by shipowners.
Vessel agents at discharge port(s) shall be appointed by charterers,
shipowners
paying the customary agency fees, provided those fees are competitive.

20. Bonds.
All offers shall be accompanied by a certified check for USD 10,000. Checks
of
unsuccessful bidders will be available after awards have been made. Checks
of
successful bidders shall be retained until completion of loading as a
performance bond, which shall not be construed as liquidation of damages in
the
event of non-performance.

21. ISM Code.
Owners guarantee that this vessel complies fully with the International
Safety
Management (ISM) Code, if required, 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
to
remain fully responsible for any and all consequences resulting directly or
indirectly from any matter arising in connection with this vessel and the
ISM
Code.

22. Substandard vessels.
Section 408 of the Coast Guard Authorization Act of 1998, Public Law 105-383
(46 USC Par. 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/owners of substandard vessels are prohibited from the
carriage of government impelled (preference) cargoes 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, offerors
must warrant that vessel(s) and owners/operators are not disqualified to
carry
such government impelled (preference) cargo.

23. Commissions.
For vessels offered direct: 2.5% to Partenaire Co.
For vessels offered through owners' broker: 2/3 of 2.5% to Partenaire Co.
and
1/3 of 2.5% for broker.

24. Terms for U.S. Flag vessels only.

24.1. Vessels offered subject to MARAD approval will not be considered. If
MARAD approval of vessel is required, same must be obtained before
submission
of offers. Offers of U.S. flag vessels will not be considered if the vessel
operator had not provided MARAD with the vessel cost prior to submission of
offer.

24.2. U.S. flag offers are deemed to accept that (1) approved freight rate
will
be reduced to no higher than the MARAD fair and reasonable rate in the
event
that the approved vessel (including ITB) is substituted by a lower cost
vessel
and (2) for vessels loading less than a full cargo, the less than full cargo
freight rate will be subject to a reduction to meet any revised MARAD
freight
rate guide line due to vessel loading other additional cargo.

24.3. U.S. flag vessels over 15 years old must offer an alternative freight
rate to be applicable in the event that the vessel is either scrapped or
vessel
ownership transferred to another owner after discharge at destination but
prior
to its return to the United States.

25. General conditions.

25.1. Offers shall be submitted only by sealed letter or fax at the address
shown in section 26. U.S. and foreign flag offers shall be opened and read
in
public and no negotiation is permitted. Late offers and phone offers will
not
be accepted.

25.2. Copies of the Proforma charter party and the IFB are available at the
office of the charterers' agent (address below). The IFB and Proforma
charter
party can also be downloaded from charterers' agent web site:
http://www.partnaire.com

25.3. Fixtures are subject to USDA and charterers approval.

25.4. Offers shall contain the name/telephone number (office/home) of the
contact person.

25.5. If a fax offer begins to print before the above stated time and
continues
to print past the stated time, the offer will be considered to have been
received on time. Offers which start to print or submitted after the
deadline
will not be considered.

26. Address for submitting offers.
Partenaire Co.
2101 Wilson Boulevard, Suite 104
(Court House Metro Station - Colonial Village Exit)
Arlington, VA 22201
Fax: (703) 465-9118
Phone (703) 465-0095 (For info only)

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