Mongolia Award03-041B
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Award Sept 26, 2003
03-041B
Country: Mongolia IFB No. MON-FFP-03-041B
Quantity: 24,500 M/T, min/max., Wheat in Bulk (HRS)
Load port: Portland, OR
Laydays: Dec. 10-20, 2003
Discharge Port: Vladivostok, Russia thru B/L to Khutul, Mongolia
Owner: Maersk Line Ltd.
Vessel/Flag: MAERSK ARIZONA / U.S. Flag
Freight Rate: $179.22 per M/T (Ocean: 107.12 plus inland to Khutul $72.10 per M/T)
Amendment 9.10.03
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AMEX INTERNATIONAL, INC.
SEPTEMBER 10,2003
FOLLOWING AMENDMENT IS MADE TO THE MONGOLIA'S FFP FREIGHT TENDER NO. MON-FFP-03-041-B ANNOUNCED SEPTEMBER 9, 2003.
FIRST PARAGRAPH OF ITEM NO. 4 IS AMENDED TO READ AS FOLLOWS:
4. DISCHARGE PORT/FINAL DESTINATION POINT: UNDER THROUGH BILL OF LADING VIA VLADIVOSTOK, RUSSIA (OTHER PROPOSED PORT WILL BE CONSIDERED), FOR INLAND TRANSPORT BY RAILCARS TO KHUTUL OR ULAANBAATAR, MONGOLIA AT OWNERS RISK, TIME AND EXPENSE. THE RECEIVER WILL RECEIVE AND DISCHARGE THE RAILCARS AT THE POINT OF INITIAL DISCHARGE IN KHUTUL OR ULAANBAATAR, MONGOLIA AT THE RECEIVERS TIME, RISK AND EXPENSE.
OTHER TERMS AND CONDITIONS REMAINS UNCHANGED AND IN FULL FORCE.
REGARDS,
AMEX INTERNATIONAL, INC.
TEL: 202-429-0222
AS AGENT FOR THE GOVERNMENT OF MONGOLIA
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Tender 9.09.03
03-041B Mongolia
SEPTEMBER 9, 2003
RE: FREIGHT INVITATION FOR BIDS (IFB) NO. MON-FFP-03-041-B
APPROX. 24,500 M/T OF WHEAT IN BULK
FOOD FOR PROGRESS PROGRAM FOR MONGOLIA FY 2003
AMEX INTERNATIONAL, INC., AS AGENT FOR THE GOVERNMENT OF MONGOLIA, INVITES OFFERS OF U.S. AND FOREIGN FLAG VESSELS TO TRANSPORT WHEAT IN BULK TO MONGOLIA UNDER FOOD FOR PROGRESS PROGRAM AS FOLLOWS:
1. QUANTITY/COMMODITY: APPROX. 24,500 M/T HARD RED SPRING 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. CONTRACT QUANTITY WILL BE ON A MIN/MAX BASIS.
THIS CARGO TO BE STOWED IN HOLD DEVOTED EXCLUSIVELY TO MONGOLIAS WHEAT WITH NO MIXING OF DIFFERENT TYPES/CLASSES.
ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE PROPERLY SEPARATED BY VESSELS NATURAL COMPARTMENTS AND MUST BE COMPATIBLE AND NON-INJURIOUS TO MONGOLIAS WHEAT, AND MUST BE STATED IN THE OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXING MONGOLIAS CARGO(ES). THE VESSELS ITINERARY AND GEOGRAPHICAL PROXIMITY OF THE COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY USDA/CHARTERERS IN CONSIDERING APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF CARGO TO MONGOLIA.
2. LAYDAYS: DECEMBER 10-20, 2003
FOURTEEN (14) DAYS PREADVICE OF VESSELS ETA AT FIRST OR SOLE LOAD PORT IS REQUIRED. VESSEL'S ETA PREADVICE SHALL BE SUBMITTED TO AMEX INTERNATIONAL, INC. VIA E-MAIL (RBAYLON@AMEXDC.COM ) OR FAX TO NOS. (202) 429-0486 OR 202-429-1867 PRIOR TO 1100 HRS., WASHINGTON, DC TIME DURING BUSINESS DAY TO BE CONSIDERED RECEIVED ON THAT DAY.
OFFERS WITH CANCELING DATE BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.
OFFERS OF NAMED VESSELS ONLY; VESSEL SUBSTITUTION IS NOT ALLOWED UNLESS APPROVED IN WRITING BY USDA AND CHARTERERS.
3. LOAD PORT: 1/2 SAFE BERTH(S) EACH, 1/2 SAFE U.S. PORTS, INCLUDING U.S. GREAT LAKES PORTS. THE GREATER NEW ORLEANS/MISSISSIPPI RIVER AREA, INCLUDING BUT NOT NORTH OF BATON ROUGE, SHALL BE CONSIDERED AS ONE PORT. COLUMBIA RIVER DISTRICT INCLUDING PORTLAND SOUND TO BE CONSIDERED AS ONE PORT. SAN FRANCISCO BAY AREA INCLUDING SACRAMENTO AND STOCKTON TO BE CONSIDERED AS ONE PORT. FOR OFFERS BASIS U.S. GREAT LAKES UTILIZING FEEDER VESSELS, OFFERS TO INCLUDE NAME AND DESCRIPTION OF FEEDER VESSELS. OFFERORS SHOULD SPECIFY U.S. COASTAL RANGE OR RANGES AND/OR LOAD PORT(S) WHICH ARE APPLICABLE TO THEIR OFFER.
4. DISCHARGE PORT/FINAL DESTINATION POINT: UNDER THROUGH BILL OF LADING VIA VLADIVOSTOK, RUSSIA, FOR INLAND TRANSPORT BY RAILCARS TO KHUTUL OR ULAANBAATAR, MONGOLIA AT OWNERS RISK, TIME AND EXPENSE. THE RECEIVER WILL RECEIVE AND DISCHARGE THE RAILCARS AT THE POINT OF INITIAL DISCHARGE IN KHUTUL OR ULAANBAATAR, MONGOLIA AT THE RECEIVERS TIME, RISK AND EXPENSE.
OWNERS TO BE FULLY RESPONSIBLE FOR VESSELS ACCEPTANCE INTO DISCHARGE PORT, AND FOR LIGHTENING OPERATIONS, IF APPLICABLE. OWNERS SHOULD INDEPENDENTLY OBTAIN ALL INFORMATION REGARDING THE PORT RESTRICTIONS AND ANY SPECIAL REQUIREMENTS OF THE PORT AUTHORITIES AND COMPLY WITH THE RESTRICTIONS AND REQUIREMENTS, AT THEIR TIME, RISK AND EXPENSE.
IF OWNERS INTENTION WAS TO FULLY OR PARTIALLY LIGHTEN AND SAME WAS STIPULATED IN THE OFFER ALONG WITH THE COST OF LIGHTENING, AND LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND VESSEL DIRECTLY DISCHARGES AT THE BERTH, USDA WILL DEDUCT THE LIGHTENING COST FROM THE FREIGHT.
WITHOUT OBLIGATION, INFORMATION ON THE DISCHARGE PORT AND INLAND TRANSPORTATION COSTS MAY BE OBTAINED FROM MONGOLIAN EXPRESS COMPANY LTD. ATTN: MR. ENKHBAT , TEL: 011-(976-11)- 318329/ 011-(976-11)-31-39-10, MOBILE NO. 011-(976-99)-11-55-50, FAX: 011-(976-11) 31-81-25, E-MAIL ADDRESS: ENKHBAT@MONEX.MN
5. LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATES INDICATED BELOW, BASED ON VESSELS CONTRACT QUANTITY. THE RATES ARE BASIS TONS OF 2,204.6 LBS. PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED. SATURDAYS PER BFC SATURDAY CLAUSE.
VESSEL CONTRACT QUANTITY LOAD RATE GUARANTEE
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BULK CARRIERS:
0 - 9,999.99 M/T 4,000 MT PER DAY
10,000-19,999.99 M/T 5,000 MT PER DAY
20,000-29,999.99 M/T 6,000 MT PER DAY
TANKERS (PROVIDED VESSEL CAN ACCEPT AND STOW/TRIM AT THIS RATES)
0 - 9,999.99 M/T 4,000 MT PER DAY
10,000-19,999.99 M/T 5,000 MT PER DAY
20,000-29,999.99 M/T 6,000 MT PER DAY
TWEEN-DECKERS: 3,000 MT PER DAY
LASH BARGES: LOAD GUARANTEE WILL NOT APPLY.
CARGO TO BE LOADED, STOWED AND TRIM AT OWNERS EXPENSE.
DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD PORT ONLY. OWNERS ARE TO SPECIFY THE DEMURRAGE/DESPATCH RATES IN THEIR OFFERS. DESPATCH RATE MUST BE ONE-HALF OF DEMURRAGE QUOTED.
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 WITH ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION, INC. F.O.B. CONTRACT NO.2 (REVISED AS OF AUGUST 1, 1988) CLAUSES 1-10 INCLUSIVE, HEREINAFTER N.A.E.G.A. REGARDLESS OF THE TYPE OF VESSEL. FURTHER, THE FOLLOWING MODIFICATIONS TO N.A.E.G.A. WILL APPLY: ANYWHERE THE WORD BUYER APPEARS, THE WORD VESSEL OWNER SHOULD BE SUBSTITUTED IN ITS PLACE.
UNDER NO CIRCUMSTANCES WILL THE CHARTERERS OR CCC/USDA BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN VESSEL OWNERS AND COMMODITY SUPPLIER(S). ANY/ALL DISPUTES BETWEEN VESSEL OWNERS AND 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.
6. FOR PUSH-MODE AND/OR ITBS, OWNERS TO PROVIDE ADDITIONAL NCB CERTIFICATIONS EVIDENCING THAT VESSEL HATCH COVERS AND OTHER OPENING LEADING TO THE CARGO COMPARTMENTS HAVE BEEN SEALED PROPERLY TO PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.
7. DISCHARGE TERMS: BERTH TERMS DISCHARGE, ALL INCLUSIVE, WITH NO DEMURRAGE, NO DESPATCH, OR NO DETENTION CHARGES AT DISCHARGE PORT. OWNERS TO DELIVER THE CARGO UNDER THROUGH BILL OF LADING TO THE POINT OF INITIAL DISCHARGE IN KHUTUL OR ULAANBAATAR, MONGOLIA (FREE ON RAIL/TRUCKS) AT OWNERS RISK, TIME AND EXPENSE.
VESSEL OWNERS SHALL BE RESPONSIBLE FOR CUSTOMS CLEARANCES AND OTHER FORMALITIES REQUIRED AT THE DISCHARGE PORT UP TO POINT OF ENTRY TO MONGOLIA.
8. OFFERORS ARE REQUESTED TO INCLUDE IN THE OFFERS VESSELS ITINERARY. THE TRANSIT TIME FOR INLAND TRANSPORTATION FROM THE DISCHARGE PORT TO THE INITIAL POINT OF DISCHARGE IN KHUTUL OR ULAANBAATAR, MONGOLIA. SUCCESSFUL OFFERORS TO PROVIDE NAME OF INLAND TRANSPORT CONTRACTOR PRIOR TO USDAS FINAL APPROVAL OF THE FIXTURE. ONLY NAMED INLAND TRANSPORT CONTRACTOR WILL BE ACCEPTABLE.
(A) FUMIGATION CLAUSE:
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 WILL ARRANGE AND PAY FOR IN-TRANSIT FUMIGATION PERFORMED BY A CERTIFIED APPLICATOR IN ACCORDANCE WITH 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) THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TANKERS SURFACE APPLICATION 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 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.
B. TANKERS: OFFERS OF TANKERS WILL ONLY BE CONSIDERED BASIS FULL LIGHTENING OF CARGO INTO BULK-CARRIER(S) AT THE DISCHARGE PORT, UNLESS, AT THE TIME OF SUBMISSION OF OFFERS, OFFEROR PROVIDES WRITTEN STATEMENT FROM THE PORT AUTHORITY THAT THE OFFERED VESSEL IS ACCEPTABLE FOR DISCHARGING WHEAT INTO RAILCARS AT A BERTH WITHIN THE PORT.
C. TOWED BARGES ARE EXCLUDED. PUSH-MODE INTEGRATED TUG/BARGES (ITB) UNITS WILL BE CONSIDERED.
D. OFFERS FROM NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) WILL NOT BE CONSIDERED.
10. AT DISCHARGE PORT/INITIAL POINT OF DISCHARGE IN MONGOLIA AND UPON INSPECTION BY GOVERNMENT/AUTHORIZED INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED AND PROVIDED CLEAN BILL OF LADING WAS ISSUED, OWNERS TO ARRANGE FOR CARGO FUMIGATION AND THE FUMIGATION COSTS, IF ANY, TO BE FOR OWNERS ACCOUNT.
11. FOREIGN FLAG VESSELS MUST NOT BE OLDER THAN 20 YEARS AND MUST BE CLASSED HIGHEST IN LLOYD'S REGISTER OR ITS EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN.
12. EXTRA INSURANCE ON ACCOUNT OF VESSELS AGE (FOR U.S. FLAG VESSELS IN EXCESS OF 15 YEARS OF AGE AND FOR FOREIGN FLAG VESSEL IN EXCESS OF 10 YEARS OLD), FLAG, OWNERSHIP, TYPE, CONFIGURATION, CLASSIFICATION, WILL FOR OWNERS ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES. ANY EXTRA INSURANCE ON THE OCEAN GOING TUG/BARGE WILL BE FOR OWNERS ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES. OWNERS OF TUG/BARGE MUST ALSO HAVE TOW ARRANGEMENT DULY INSPECTED AND CERTIFIED BY SALVAGE ASSOCIATION, IF APPLICABLE, OTHERWISE, BY A COMPETENT INDEPENDENT SURVEYOR AT OWNERS EXPENSE.
13. PAYMENT OF 60 PCT OF THE THROUGH BILL OF LADING FREIGHT WILL BE MADE IN ACCORDANCE WITH C/P TERMS UPON VESSELS ARRIVAL AT THE DISCHARGE PORT. FORTY (40) PCT. BALANCE OF FREIGHT WILL BE PAID FOLLOWING WRITTEN CONFIRMATION FROM RECEIVERS OR ITS AGENT THAT OWNERS HAVE COMPLETED DELIVERY OF CARGO AT THE INITIAL POINT OF DISCHARGE IN KHUTUL OR ULAANBAATAR, MONGOLIA AND OWNERS HAVE FULFILLED THEIR OBLIGATIONS UNDER THIS CONTRACT.
PLEASE NOTE PROVISION OF THE CHARTER PARTY RIDER CLAUSE 66(F) REGARDING PAYMENT BY ELECTRONIC TRANSFER.
14. OWNERS GUARANTEE THAT APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NOT HIGHER THAN THE MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT ORIGINALLY APPROVED VESSEL (INCLUDING ITBS) IS SUBSTITUTED BY A LOWER COST VESSEL. (FOR U.S. FLAG VESSELS ONLY)
U.S. FLAG VESSELS WHICH REQUIRE PRIOR APPROVAL FROM THE MARITIME ADMINISTRATION (MARAD) TO PARTICIPATE IN PREFERENCE CARGOES BECAUSE OF OPERATING DIFFERENTIAL SUBSIDY (ODS) CONTRACTUAL CONSTRAINTS, OR BECAUSE OF REFLAGGING/FOREIGN CONSTRUCTION ELIGIBILITY ISSUES, MUST OBTAIN SUCH MARAD APPROVAL PRIOR TO SUBMISSION OF OFFERS.
OFFERS OF U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED MARAD WITH THE VESSELS COSTS PRIOR TO SUBMISSION OF THE OFFER.
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.
U.S. FLAG VESSELS OVER 15 YEARS OF AGE FROM THE DATE OF FIXTURE MUST INDICATE ONE-WAY RATE IN ADDITION TO ROUND TRIP RATES.
15. FREIGHT RATE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON. OCEAN FREIGHT RATE MUST BE QUOTED BASIS ONE LOAD PORT TO ONE DISCHARGE PORT. ADDITIONAL FREIGHT ON THE ENTIRE CARGO FOR EACH ADDITIONAL LOAD PORT USED TO BE STATED SEPARATELY.
OFFERS REQUIRING ADDITIONAL PREMIUM FOR ADDITIONAL LOAD/DISCHARGE BERTH WILL NOT BE CONSIDERED RESPONSIVE TO THIS TENDER.
IF OWNERS INTEND TO LIGHTEN THE CARGO AT THE DISCHARGE PORT, OFFERS MUST SPECIFY THE COST OF LIGHTENING WHETHER PARTIAL OR FULL LIGHTENING. IF LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND VESSEL DIRECTLY DISCHARGES AT BERTH, USDA WILL DEDUCT THE LIGHTENING COST FROM THE FREIGHT.
FREIGHT RATE QUOTATIONS MUST BE MADE BASED ON THE FOLLOWING BREAKDOWN:
A) OCEAN TRANSPORTATION, PORT TO PORT
B) BULK DISCHARGE COST
C) LIGHTENING COST, IF APPLICABLE
D) INLAND TRANSPORTATION COST FROM DISCHARGE PORT TO RECEIVERS DESIGNATED DESTINATION KHUTUL OR ULAANBAATAR, MONGOLIA
16. IF VESSEL PRESENTS FOR LOADING AFTER THE LAST DAY OF THE LAYDAYS, WHETHER OR NOT THE CHARTERERS OPTION TO CANCEL THE CHARTER PARTY IS EXERCISED, OWNERS SHALL BE FULLY RESPONSIBLE FOR ANY CHARGES INCLUDING CARRYING CHARGES (STORAGE CHARGES, INTEREST, INSURANCE, ADDITIONAL FUMIGATION COST) THAT MAY BE ASSESSED BY THE SUPPLIER OF THE CARGO AGAINST USDA/KCCO OR THE CHARTERERS.
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17. SHOULD GENERAL AVERAGE CONDITIONS ARISE, CHARTERER SHALL ASSIGN ITS RIGHTS TO THE USDA/DEBT MANAGEMENT SECTION, WHO IN TURN SHALL CONTRIBUTE WITH THE OWNER IN GENERAL AVERAGE TO THE PAYMENT OF ANY SACRIFICES, LOSSES OR EXPENSES OF A GENERAL AVERAGE NATURE THAT MAY BE INCURRED INCLUDING SALVAGE AND SPECIAL CHARGES INCURRED IN RESPECT TO THE GOODS. IF A SALVING SHIP IS OWNED OR OPERATED BY THE OWNER, SALVAGE SHALL BE PAID FOR AS FULLY AS IF THE SAID SALVING SHIP OR SHIPS BELONGED TO STRANGERS. GENERAL AVERAGE SHALL BE PAYABLE ACCORDING TO YORK/ANTWERP RULES, 1974. CARGO TO BE RELEASED WITHOUT GENERAL AVERAGE SECURITY.
THE UNITED STATES DEPARTMENT OF AGRICULTURE, KANSAS CITY COMMODITY OFFICES GUIDELINES DATED DECEMBER 21, 1989 FOR CONTAINER, BARGE AND VESSEL HOLD INSPECTIONS IS HEREBY INCORPORATED.
18. 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 MATTERS ARISING IN CONNECTION WITH THIS VESSEL AND THE ISM CODE.
19. SECTION 408 OF THE COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C., PARAGRAPH 2302(E), ESTABLISHED 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 RFP IS A GOVERNMENT IMPELLED (PREFERENCE) CARGO(ES), OFFEROR MUST WARRANT IN THEIR OFFER THAT VESSEL(S) AND OWNER/OPERATOR ARE NOT DISQUALIFIED TO CARRY SUCH GOVERNMENT IMPELLED (PREFERENCE) CARGO(ES).
20. OTHER TERMS AND CONDITIONS ARE SUBJECT TO THE GOVERNMENT OF MONGOLIAS PROFORMA CHARTER PARTY ADAPTED IN U.S. FY-2003 . IF ANY TERMS OF THE PROFORMA CHARTER PARTY AND RIDER ARE IN CONFLICT WITH THE TERMS OF THIS IFB, THE IFB TERMS WILL PREVAIL.THE IFB TERMS IS CONSIDERED TO HAVE BEEN INCORPORATED IN THE RESULTANT CHARTER PARTY WHEREVER APPLICABLE.
21. COMMISSION: 2.5 PCT ON FREIGHT/DEADFREIGHT IS PAYABLE TO AMEX INTERNATIONAL, INC. IF THE VESSEL IS OFFERED DIRECT, AND 2/3 OF 2.5 PCT IS PAYABLE TO AMEX IF OFFERED THROUGH OWNERS BROKER.
22. OFFERS TO BE RECEIVED AT AMEX INTERNATIONAL, INC., 1615 L STREET, N.W., SUITE 340, WASHINGTON, D.C. 20036 NO LATER THAN 1100 HOURS, WASHINGTON, D.C. TIME, SEPTEMBER 15, 2003 AND REMAIN VALID THROUGH 1700 HOURS WASHINGTON, D.C. TIME SEPTEMBER 18, 2003.
ONLY SEALED HAND DELIVERED OR TELEFAX (FAX NOS. 202-429-0486 OR 202-429-1867) OFFERS RECEIVED PRIOR TO TENDER CLOSING DATE AND TIME WILL BE CONSIDERED. VERBAL OR TELEPHONE OFFERS WILL NOT BE ACCEPTED.
ONLY CLEAN OFFERS OF NAMED VESSELS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED, AND NO NEGOTIATION WILL BE PERMITTED.
OFFERORS ARE ENCOURAGED TO INCLUDE IN THE OFFER USUAL INFORMATION SUCH AS OWNERS FULL STYLE AND FULL VESSELS PARTICULARS INCLUDING FLAG, YEAR BUILT, DWT, LOA, BEAM, DRAFT, CLASS, SPEED, HOLDS/HATCHES.
OFFERS WITH SUBJECT OPEN WILL ONLY BE CONSIDERED IF THE SUBJECT IS LIFTED PRIOR TO 1100 HOURS, WASHINGTON, D.C. TIME, SEPTEMBER 16, 2003.
CHARTERERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS.
ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT THE ABOVE PLACE AND TIME.
ALL FIXTURES ARE SUBJECT TO USDA APPROVAL.
FOR FURTHER INFORMATION, CALL AMEX INTERNATIONAL, INC., 1615 L STREET, NW, SUITE 340, WASHINGTON, D.C. 20036, TELEPHONE (202) 429-0222, E-MAIL: RBAYLON@AMEXDC.COM OR FAX NOS. (202) 429-0486 OR (202) 429-1867.
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