Kenya Award03-028B

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Award September 3, 2003
03-028B

Fettig and Donalty, Inc., as agents for Salesian Missions, announce the following freight fixture Vessel: US Flag "Judy Litrico"
Cargo & Quantity: 15,000 mt min/max wheat in bulk
loading: 1/2 sp U.S. Gulf
Laydays: Sept 15-25 2003
Discharging: Mombasa, Kenya
Freight rate: USD 145.15 per mt
Terms: 5,000 mt vsl ld / 5,000 mt free out
For further information, please contact Fettig & Donalty, Inc at 202 628 5700

Tender August 13, 2003

03-028B

Freight Tender: FOOD FOR PROGRESS PROGRAM WHEAT TO KENYA
FETTIG & DONALTY ISSUE FREIGHT TENDER UNDER THE
FOOD FOR PROGRESS PROGRAM FOR WHEAT IN BULK TO MOMBASA
============================================================
IFB NUMBER - KE-SM-FFP-03-028B
FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR SALESIAN MISSIONS,
ANNOUNCE A FREIGHT TENDER, UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S.
FLAG AND NON U.S. FLAG VESSELS (OCEAN GOING TOW BARGES ARE EXCLUDED, TANKERS
ACCEPTED ONLY ON FULL LIGHTENING BASIS) AS FOLLOWS:
1. COMMODITY: WHEAT IN BULK
QUANTITY: APPROX. 15,000 MT WHEAT IN BULK
OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN
THE EVENT THAT THE QUANTITY PURCHASED IS MORE OR LESS THAN THE QUANTITY
STATED IN THIS TENDER.
ANY ADDITIONAL COMPLETION CARGOES MUST BE DULY SEPARATED AND MUST BE
COMPATIBLE AND NON-INJURIOUS TO SALESIAN MISSIONS CARGO AND MUST BE
DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE
OF SALESIAN MISSIONS 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
CARGO TO SALESIAN MISSIONS. CONTRACTED QUANTITIES TO BE ON A MIN/MAX BASIS

2. LAYDAYS: SEPT 15 /25, 2003
OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT HAVE THE
RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL.
VESSELS OFFERED WITH LAYDAYS / CANCELING BEYOND THOSE SPECIFIED ABOVE WILL
NOT BE CONSIDERED.

3. NON U.S. FLAG VESSELS SHOULD NOT BE OLDER THAN 20 YEARS AND MUST BE
CLASSED HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL
CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT OF
VESSEL'S AGE, CLASS, TYPE, FLAG, OWNERSHIP OR CONFIGURATION WILL BE FOR
OWNERS ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U. S. FLAG
VESSELS AND LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.
VESSEL TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF VESSELS' READINESS TO LOAD.
PRE-ADVICE MUST BE RECEIVED BY FETTIG & DONALTY BY LATEST 11:00 HRS.
WASHINGTON, D.C., TIME ON A REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED
ON THE SAME DAY. PRE-ADVICE RECEIVED AFTER 11 A.M. WASHINGTON D.C. TIME ON A
REGULAR BUSINESS DAY OR ON A WEEKEND/HOLIDAY WILL BE CONSIDERED RECEIVED ON
THE NEXT BUSINESS DAY.

4.LOADING: 1/2 SB EACH, 1/2 SAFE PORT U. S. PORTS.
THE FOLLOWING AREAS ARE TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:
MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE
COLUMBIA RIVER DISTRICT, INCLUDING PORTLAND
SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO

5. 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 FINAL LOADING PORT, COMMODITY SUPPLIER(S) 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
FGIS FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR TWEEN DECKERS
AND BULK CARRIERS (INCLUDING PUSH MODE ITB'S) THE RECIRCULATION METHOD OF
FUMIGATION WILL BE USED. FOR TANKERS SURFACE METHOD OF FUMIGATION WILL BE
USED.
TWEEN-DECK 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, TWEEN-DECK 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.
6. DISCHARGING: BERTH NO. 3 KILINDINI, GRAIN BULK HANDLERS LTD. FACILITY,
MOMBASA, KENYA
7. FREIGHT RATE: TO BE QUOTED PER METRIC TON VESSEL LOAD/FREE DISCHARGE
BASIS ONE LOADPORT TO ONE DISCHARGE PORT PLUS ADDITIONAL FREIGHT PER MT ON
ENTIRE CARGO FOR EACH ADDITIONAL LOAD/DISCHARGE PORT USED TO BE STATED
SEPARATELY. OFFEROR REQUIRING ADDITIONAL CHARGE FOR ADDITIONAL
LOAD/DISCHARGE BERTH 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 INTENDED LIGHTENING IS NOT PERFORMED
AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH, USDA WILL DEDUCT
COST OF LIGHTENING FROM OCEAN FREIGHT.
8. TANKER DISCHARGE CLAUSE: US FLAG TANKERS WILL BE CONSIDERED ONLY BASIS
FULL LIGHTENING. IF TANKER IS FIXED, SAID VESSEL TO LIGHTEN INTO ONE CLEAN,
SUITABLE DAUGHTER VESSEL, AT OWNER'S TIME, RISK AND EXPENSE, FOR
PRESENTATION TO BUYERS FOR DISCHARGE. LAYTIME TO COUNT ON DAUGHTER VESSEL
AND WILL COMMENCE AT 0800 HRS NEXT WORKING DAY AFTER NOTICE OF READINESS TO
DISCHARGE IS FILED, AS ABOVE.
9. IN THE EVENT OF FULL LIGHTENING, LAYTIME TO COMMENCE AT 0800 HRS. NEXT
DAY AFTER DAUGHTER VESSEL HAS PRESENTED NOTICE OF READINESS TO DISCHARGE.
IN THE EVENT OF PARTIAL LIGHTENING, VESSEL WILL NOT BE CONSIDERED READY
UNTIL OWNER HAS ARRANGED LIGHTENING AND VESSEL REACHES SAFE DRAFT. ALL TIME
LOST BEFORE VESSEL REACHES A SAFE DRAFT, WILL NOT COUNT AS LAYTIME USED.
LAYTIME IS NOT TO COMMENCE PRIOR TO 0800 ON THE NEXT WORKING DAY FOLLOWING
COMPLETION OF PARTIAL LIGHTENING AND PRESENTATION OF VALID NOTICE OF
READINESS TO DISCHARGE. MOTHER VESSEL AND LIGHTER(S) TO TAKE TURNS AT
DISCHARGE AND TIME ON SECOND AND SUBSEQUENT VESSELS NOT TO COUNT UNTIL
PREVIOUS VESSEL IS COMPLETED DISCHARGING.
FREIGHT PAYMENT:
10. 100% PAYABLE IN ACCORDANCE WITH CHARTER PARTY TERMS AFTER VESSEL'S
ARRIVAL AT THE DISCHARGE PORT. PLEASE REFER TO CLAUSE 27 OF THE CHARTER
PARTY REGARDING FREIGHT PAYMENT. THE ORIGINAL OFFICIAL STOWAGE EXAMINATION
CERTIFICATE AND 1 (ONE) SIGNED COPY (PHOTOCOPY NOT ACCEPTABLE) ARE TO BE
FURNISHED TO THE CHARTERERS AGENT WITHIN 2 (TWO) DAYS OF INSPECTION.
11. TERMS AND CONDITIONS:
-LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY
DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON VESSEL'S CONTRACTED
QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER WEATHER WORKING DAY
OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED.
SATURDAYS AS PER BFC SATURDAY CLAUSE. ANY STOWING AND/OR TRIMMING TO BE FOR
OWNERS ACCOUNT.
BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -------------------------
0 - 9999.99 MT 4000 MT PER DAY
10000 - 19999.99 MT 5000 MT PER DAY
20000 - 29,999.99 6000 MT PER DAY

TANKERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -------------------------
0 - 9999.99 MT 4000 MT PER DAY
10000 - 19999.99 MT 5000 MT PER DAY
20000 - 29999.99 MT 6000 MT PER DAY

TWEENDECKERS: 3000 MT PER DAY

LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.
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. F.O.B. CONTRACT NO. 2 (REVISED AS OF AUGUST 1, 1988)
CLAUSES NO. 1-10 INCLUSIVE, (HEREINAFTER N.A.E.G.A.) REGARDLESS OF TYPE OF
VESSEL. FURTHER THE FOLLOWING MODIFICATIONS TO N.A.E.G.A. WILL APPLY:
ANYWHERE THE WORD "BUYER" APPEARS, THE WORDS "VESSEL OWNER" SHOULD BE
SUBSTITUTED IN ITS PLACE. UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERERS 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 MARINE ARBITRATORS, INC.

12. DISCHARGE TERMS: CARGO IS TO BE DISCHARGED, FREE OF RISK AND
EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 5,000 TONS OF 2,204.6 POUNDS
PER DAY FOR BULK CARRIERS AND AT THE AVERAGE RATE OF 400 TONS OF 2,204.6
POUNDS PER WORKABLE HATCH PER DAY, MAXIMUM 2000 TONS FOR TWEENDECKERS, PER
WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS SUNDAYS AND HOLIDAYS EXCEPTED,
EVEN IF USED, ON THE BASIS OF THE BILL OF LADING
QUANTITY. SATURDAYS AS PER BFC SATURDAY CLAUSE. LASH/SEABEE BARGES: THE
DISCHARGE GUARANTEE SHALL NOT APPLY. CHARTERER/RECEIVERS TO APPOINT AND
PAY STEVEDORES AT PORTS OF DISCHARGE. OWNERS TO SPECIFY DEM/DES RATES AT
LOAD AND DISCHARGE PORT IN OFFER. DESPATCH RATES MUST BE ONE-HALF OF
DEMURRAGE RATES QUOTED.
- TIME WILL COMMENCE TO COUNT FOR DISCHARGE AT 0800 HRS NEXT WORKING DAY
AFTER MASTER OF VESSEL, OR HIS AGENT, HAS FILED, DURING OFFICIAL WORKING
HOURS, THE NOTICE OF READINESS TO DISCHARGE TO BUYER OR HIS NOMINATED AGENT.
IN THE EVENT PORT IS CONGESTED, MASTER OF VESSEL, OR HIS AGENT, MAY FILE THE
NOTICE OF READINESS ONCE VESSEL ARRIVES AT PORT ANCHORAGE AND LAYTIME WILL
COMMENCE AT 0800 HRS NEXT WORKING DAY.
- VESSEL TO PROVIDE GEAR AS NECESSARY FOR DISCHARGE.

13. OWNER'S TO APPOINT AND PAY FOR THE CHARTERERS NOMINATED AGENT AT
DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.

14. VESSELS OVER 20 YEARS OF AGE AND ITB'S TO PROVIDE ADDITIONAL
CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY OTHER
OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY
OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.
OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL
OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S
COSTS PRIOR TO SUBMISSION OF THE OFFER.
U. S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL WILL NOT BE CONSIDERED.
IF MARAD APPROVAL OF VESSEL IS REQUIRED, SAME MUST BE OBTAINED PRIOR TO
SUBMISSION OF OFFER.
U.S. FLAG APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN
THE U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT
THE ORIGINAL APPROVED VESSEL (INCLUDING ITB'S) IS SUBSTITUTED BY A LOWER
COST VESSEL TO THE U.S. GOVERNMENT.
FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE LESS THAN FULL
CARGO RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY REVISED MARAD FREIGHT
RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.
NON VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.
S. OR FOREIGN FLAG SHIPMENTS.
U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATE
FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL IS EITHER SCRAPPED OR
VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER OWNER AFTER DISCHARGE AT
DESTINATION, BUT PRIOR TO ITS RETURN TO THE UNITED STATES.
OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:
NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED
DRAFT, GEAR, SPEED AND NO. OF HOLDS/HATCHES.
TERMS AND CONDITIONS IN ACCORDANCE WITH SALESIAN MISSIONS PROFORMA CHARTER
PARTY BULK GRAIN 08/02 (COPIES OF WHICH ARE AVAILABLE ON REQUEST).
15. OWNER GUARANTEES 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.
16. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC
LAW 105-383 (46 U.S.C. SECTION 3202 (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 THIS MAY BE PREFERENCE CARGO, OWNERS HEREBY
WARRANT THAT VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THIS CARGO.

OFFERS "SUBJECT OPEN" WILL ONLY BE CONSIDERED WHEN THE "SUBJECT OPEN"
RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME AUGUST 19, 2003.
COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT TO CHARTERERS AGENT, IF OFFERED
DIRECT. IF BROKER INVOLVED, 2/3 OF 2.5% TO CHARTERERS AGENT AND 1/3 OF 2.5%
TO BROKER.
THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.
ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE
CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME. LATE
OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX
TO:
FETTIG & DONALTY, INC.
1225 EYE STREET, NORTH WEST; SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE RULES AND REGULATIONS OF
THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO USDA APPROVAL.
OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS. AUGUST 18,2003 FOR REPLY
COB AUGUST 22, 2003. TELEFAX OFFERS WHICH START PRINTING BY 1100 HRS AUGUST
18, 2003 AND CONTINUE TO PRINT PAST THAT TIME, WILL BE CONSIDERED AS BEING
RECEIVED ON-TIME.
ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. AT THAT TIME. ONLY OFFERS WHICH ARE RESPONSIVE TO THE
TERMS OF THE TENDER WILL BE CONSIDERED AND NO NEGOTIATION WILL BE PERMITTED.
FOR FURTHER INFORMATION, CALL FETTIG & DONALTY AT 202 628 5700
FETTIG & DONALTY, INC.
AS AGENTS FOR SALESIAN MISSIONS
ISSUED AUGUST 12, 2003

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