Kyrgyzstan Award02-078

092A Kyrgyzstan MCI GFFEI  02-078 

Award

Tender Nr: 092A-KYR-MCI-GFE-02-078
Shipper/charterer: Mercy Corps International (MCI)
Owner: Lykes Lines
Cargo: 

a. Ref Nr: 02MCI2134-06
Booking Nr: AIDBL00076
Vessel: Lykes Discoverer 050E, US flag, built 1987, TEU capacity-2698
Commodity: AP
MT: 150 MT
Pack size: 50 kg bags
Receive: BNO
Load port: NOLA
ETA loadport: 11.06.02
Ship NET/NLT: 10.21.02/11.05.02
Relay port: Bremerhaven
ETA relayport: 11.24.02
Discharge port/destination: Jashylcha Ltd., 99A Lushihin Str., Bishkek,
Kyrgyzstan, Almaden Rail Station Code: 706107
ETA disport/point: 12.23.02
Freight rate: $189.29 PMT (O/F: $43.34 PMT, US inland: $20.00 PMT,
Foreign inland: $120.00 PMT, Fumigation: $5.95 PMT)

b. Ref Nr: 02MCI2134-07
Booking Nr: AIDBL00078
Vessel: Lykes Discoverer 050E, US flag, built 1987, TEU capacity-2698
Commodity: AP
MT: 140 MT
Pack size: 50 kg bags
Receive: BNO
Load port: NOLA
ETA load port: 11.06.02
Ship NET/NLT: 10.21.02/11.05.02
Relay port: Bremerhaven
ETA relay port: 11.24.06
Discharge port/destination: Oshazyktuluksoodasy, JSC, 129 Kurmanjan,
Datka Str., Osh, Kyrgyzstan, tel: 27468, Osh Rail Station: 737904
ETA disport/point: 12.23.02
Freight rate: $180.68 PMT (O/F: $31.73 PMT, US inland: $19.00 PMT,
Foreign inland: $124.00 PMT, Fumigation: $5.95 PMT)

c. Ref Nr: 02MCI2134-09
Booking Nr: AIDBL00077
Vessel: Lykes Discoverer 050E, US flag, built 1987, TEU capacity-2698
Commodity: MR
MT: 90 MT
Pack size: 50 kg bags
Receive: BHOU
Load port: HOUS
Ship NET/NLT: 10.21.02/11.05.02
ETA load port: 11.04.02
Relay port: Bremerhaven
ETA relay port: 11.24.02
Discharge port/destination: Oshazyktuluksoodasy, JSC, 129 Kurmanjan,
Datka Str., Osh, Kyrgyzstan, tel: 27468, Osh Rail Station: 737904
ETA disport/point: 12.23.02
Freight rate: $209.31 PMT (O/F: $67.31 PMT, US inland: $18.00 PMT,
Foreign inland: $124.00 PMT)

d. Ref Nr: 02MCI2134-10
Booking Nr: AIDBL00075
Vessel: Lykes Liberator 050E, US flag, built 1987, TEU capacity-2698
Commodity: MR
MT: 90 MT
Pack size: 50 kg bags
Receive: RLC
Load port: HOUS
Ship NET/NLT: 11.06.02/11.20.02
ETA load port: 11.18.02
Relay port: Bremerhaven
ETA relay port: 12.02.02
Discharge port/destination: Jashylcha Ltd., 99A Lushihin Str., Bishkek,
Kyrgyzstan, Almaden Rail Station Code: 706107 
ETA disport/point: 01.06.03
Freight rate: $209.59 PMT (O/F: $57.59 PMT, US inland: $32.00 PMT,
Foreign inland: $120.00 PMT)

Amendment

AMENDMENT NR 1.

DELETE LAST SENTENCE OF CLAUSE NR 8 WHICH READS, "ALL CUSTOMS CLEARANCE, INCLUDING IN-TRANSIT AND FINAL CUSTOMS CLEARANCE TO BE PERFORMED AND PAID FOR BY CARRIER". ALL OTHER PROVISIONS REMAIN THE SAME. END.

Tender

1. Tender No.: 092A-KYR-MCI-FFP/GFE-02-078
2. Date: 26 September 2002
3. Shipper: Mercy Corps International (MCI)
4. Issued by Panalpina, Inc., Project Division (hereafter Panalpina)
5. Cargo description: Following documents have to be supplied and paid for by the owners: a) Certificate of Fumigation done at US Port or in transit; b) Certificate of Cleanliness issued by NCB; c) FGIS Official Stowage Examination Certificate

a. Ref Nr: 02MCI2134-06
Commodity: AP
MT: 150 MT
Pack size: 50 kg bags
Load port: BNO
Ship NET/NLT: 10.21.02/11.05.02
Discharge port: Bishkek
Destination: Kyrgyzstan

b. Ref Nr: 02MCI2134-07
Commodity: AP
MT: 140 MT
Pack size: 50 kg bags
Load port: BNO
Ship NET/NLT: 10.21.02/11.05.02
Discharge port: Osh
Destination: Kyrgyzstan

c. Ref Nr: 02MCI2134-08
Commodity: Oil Veg
MT: 140 MT
Pack size: 6/4 liter 
Load port: RMEM
Ship NET/NLT: 11.06.02/11.20.02
Discharge port: Bishkek
Destination: Kyrgyzstan 
Note: this must be containerized

d. Ref Nr: 02MCI2134-09
Commodity: MR
MT: 90 MT
Pack size: 50 kg bags
Load port: BHOU
Ship NET/NLT: 10.21.02/11.05.02
Discharge port: Osh
Destination: Kyrgyzstan

e. Ref Nr: 02MCI2134-10
Commodity: MR
MT: 90 MT
Pack size: 50 kg bags
Load port: RLC
Ship NET/NLT: 11.06.02/11.20.02
Discharge port: Bishkek
Destination: Kyrgyzstan

Tug/barge are permitted for trans-atlantic shipment provided cargoes should be below deck.

6. Load port: 1 or 2 SB, 1 or 2 SP any U.S. FAS ports.

7. Ocean freight rate to be in US dollars per MT and must be all inclusive. All inclusive rate must break out the following components: Ocean freight, inland transportation (domestic and foreign), and any applicable stacking charges at final destination.

8. Discharge port: to be stated in offer, but in owners' option. Final destination - on carrier's through B/L to receivers warehouses as above. Carrier to deliver cargo to said destination warehouses at carrier's time, risk, and expense unstuffed from trucks/railcars/containers and stacked inside receivers warehouse. All customs clearance, including in-transit and final customs clearance to be performed and paid for by carrier.

9. Cargo availability: as above 

10. Full berth terms, all inclusive, no demurrage, no despatch, no detention on vessels, containers, rail cars, trucks and/or trailers (BENDS) delivered, unstuffed, and stacked inside receiver's warehouse. 

11. MCI will impose a loading delay assessment (LDA) of $ 1.00 per M/T reduction in freight rate per day or pro-rata. The LDA will be assessed for each day or pro-rata, beyond the contracted load date, plus a seven (7) day grace period, that the vessel fails to present, and to be accepted, at the first (or sole) load port to load the cargo under this freight tender. LDA, if any, will be deducted from the freight payment. 

12. MCI will impose a delivery delay assessment (DDA) of $1.00 PMT per day or pro-rata for all cargo arriving at discharge port beyond sixty (60) days after the bill of lading date of said cargo. The DDA, if any, will be deducted from the ocean freight payment.

13. Other details/information required:
a. MCI proforma booking note (available from Panalpina)
b. Freight to be paid by USDA/CCC, 65% upon vessel's arrival at port of discharge and 35% after notice by charterer/receiver certifying delivery of cargo to final destination
c. If cargoes is containerized, the following special note applies:
NOTE: If cargoes is containerized, each container used is to be inspected by FGIS and has to be certified by FGIS as being (1) in wind-tight and water-tight condition for the intended voyage and possible long term open storage at discharge port (2) not more than 10 years old (3) not being a "salvage container" from previous owners/having been mustered out from regular service. A survey report certifying/attesting to the above must be submitted with the other documentation required for payment of 65% of ocean freight.
d. Vessel's itinerary and current position.
e. Full particulars on vessel owners including company name, officers,address, telephone and fax numbers and bank references.
f. ETA load port, estimated transit time from load port to discharge port and estimated delivery time from discharge port to each of the receivers' warehouses in Kyrgyzstan.
g. Owner's load berth at load port.
h. Type/mode of service 

14. Carriers are fully and solely responsible for any penalty assessed against the cargo by U.S. Customs enforced compliance program for outbound documentation due in whole or in part to carrier's delay in verifying the final load count and providing said count to Panalpina, Inc. 

15. Carriers shall include all actual and anticipated war risk insurance premiums in their offered rates. Owners bear the risk of any increase in war risk insurance premiums.

16. Evaluations and contract award: offers which do not comply with the mandatory requirements of the tender, including but not limited to the minimums and maximums specified above, will not be considered. Offers must include full particulars demonstrating the willingness and ability to meet these requirements. MCI reserves the right to award without discussions. Award(s) will be to the lowest responsible offeror meeting the mandatory requirements of this tender.

17. Contract and payment terms: Except to the extent provided above, the tender is subject to the standard booking guidelines, which are fully incorporated herein. 

18. Possible consolidations: owners should consider other Title II - Food for Progress -Section 416(b) cargoes destined for nearby ports which are/may be currently advertised by other voluntary agencies/USDA. Consolidations will be considered provided that the load discharge port rotations and delivery times fit the needs of the participating PVO's/USDA.

19. 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-U.S. 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). 

20. Commodity, load port and intermodal point abbreviations as per USDA form KC-362. Delivery terms per USDA Notice to be Trade of April 5, 1995. For any commodities allocated basis intermodal supplier's plant, vessel owners must comply with supplier's load and capacity capabilities. If the vessel fails to comply with supplier's load capabilities, any costs incurred by CCC including but not limited to carrying charges, liquidated damages, storage, will be for the vessel's account. If containers/trucks are placed at the plant by the commencement of the supplier's shipping period and supply containers/railcars/trucks on a continuous basis until the supplier fulfills his contract quantity. Owners are responsible to offer only for vendors who match owners' capabilities. Owners are encouraged to refer to KC-362 for the list of plant locations and capabilities . If supplier fails to provide commodity for loading during the specified shipping period (or beyond allowable free time) demurrage, if any, will be for the account of suppliers.

21. 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 entirely of her employment under this C/P. 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 matters arising in connection with this vessel and the ISM code.

22.Shipper reserves the right to require a performance bond in the form of a certified check or cashier's check drawn on a first-class U.S.A. bank equivalent to 5 percent of the ocean freight. If shipper elects to require a performance bond, the check to be made payable to "U.S. Department of Agriculture, 1400 Independence Ave., SW, Washington, DC 20250. 

23. Vessel Loading Observation (VLO) is for carrier's account per notice to the trade issued by USDA/KCCO on March 18, 1998. VLO will be altered to reflect the USDA/KCCO/Commodity Office notice to the trade of May 5, 2000 "Change in VLO requirements and procedures" is hereby incorporated. A copy of the notice can be obtained from the following FTP site: ftp://fsa.usda.gov/public/export/eod68txt. A copy of the VLOP Certificate must be submitted as part of the freight payment package.

24. Fumigation of Wheat Flour: As per USDA Notice to the Trade EOD-83 dated June 13, 2001 (NT EOD-83).

25. Fumigation must be done at U.S. Port or in transit at owner's time, risk and expense. Certificate of Fumigation to be supplied and paid for by the owners.

26. If cargo and/or vessel is found to be infested at discharge port and provided clean bills of lading were issued, fumigation to be at owners time, risk and expense.

27. Offers from NVOCC's will not be considered.

28. Only offers submitted of KC-324 form will be considered. Offers must state that vessel is a VOCC. Freight rates must be all inclusive to be considered and must include break out of ocean freight, inland transportation (domestic and foreign) and stacking per GMT. Offers without freight break out are non-responsive.

29. MCI reserves the right to accept or reject any and all offers.

30. All fixtures are subject to final approval by MCI, USDA/KCCO/EOD.

31. In-transit customs clearance should be the responsibility of the owners, customs clearance at destination should be the responsibility of the receiver.

32. Offers must be submitted in writing to Panalpina, Inc., 1100 Connecticut Avenue, NW, Suite 520, Washington DC 20036-4101 or fax to 202/659-2830. Offers must be submitted by 11:00 A.M. Washington, DC time on Monday, 30 September 2002. No telephone offers allowed.

33. Total commissions 2.5%. If offered direct, 2.5% to Panalpina. If offered through a broker, 2/3 of 2.5% to Panalpina and 1/3 of 2.5% to owners' broker.