Pakistan Award03-065B
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Award 10.15.03
Freight Award
Pakistan FFP FY 2003
Freight Tender Number PAK-FFP-03-065B
Owner: Team Tankers A/S, Bergen, Norway
Vessel: MT Aniara
Liberia Tanker Built 1985
Commodity: Beef Packer Tallow in Bulk
Quantity: 8,000 MT Min/Max
Laydays: November 20-30, 2003
Loading: US Gulf
Discharge: Karachi, Pakistan
Freight Rate: $89.98 PMT
Owner: USS Chartering
Vessel: ITB Mobile
US Flag Intergrated Tug/Barge Tanker Built 1984
Commodity: Beef Packer Tallow in Bulk
Quantity: 8,000 MT Min/Max (as per freight tender)
Laydays: December 20-30, 2003
Loading: US Gulf
Discharge: Karachi, Pakistan
Freight Rate:
Round Trip: $369.45 PMT
One Way Rate: $211.29 PMT
Owner: K-Sea Transportation
Vessel: Spring Creek, Ocean Going Tank Barge
US Flag Built 1987
Powered By: Kara Sea, Ocean Going Tug, O.N. 556625
US Flag Built 1974
Commodity: Beef Packer Tallow in Bulk
Quantity: 7,500 MT Min/Max
Laydays: January 20-30, 2004
Loading: US Gulf Port
Discharge: Karachi, Pakistan
Freight Rate: $289.27 PMT Round Trip
$164.21 PMT One Way
Amendment 10.1.03
03-065B
Amendment Number 1:
Freight Tender: Pakistan Food for Progress Program FY 2003 23,500 MT Beef Packer Tallow
Issued by: Panalpina Inc., Projects Division, Washington, DC
For: The Government of Pakistan on Behalf of Trading Corporation of Pakistan
Date of Issue: October 1, 2003
Freight Tender Number: PAK-FFP-03-065B
Panalpina Inc. Project Division, Washington, DC
For the Government of Pakistan (GOP) on behalf of the Trading Corporation of Pakistan (TCP) requests offers of U.S. and Non U.S flag tankers for the carriage of 23,500 MT of Beef Packer Tallow in Bulk financed under Food for Progress Program for Fiscal Year 2003.
Amendment: 3rd delivery period should read as follows:
Beef Packer Tallow Approx 7,500 MT January 20-30, 2004
Tender 10.01.03\
03-065B
Freight Tender: Pakistan Food for Progress Program FY 2003
23,500 MT Beef Packer Tallow
Issued by: Panalpina Inc., Projects Division, Washington, DC
For: The Government of Pakistan on Behalf of Trading Corporation of Pakistan
Date of Issue: October 1, 2003
Freight Tender Number: PAK-FFP-03-065B
Panalpina Inc. Project Division, Washington, DC
For the Government of Pakistan (GOP) on behalf of the Trading Corporation of Pakistan (TCP) requests offers of U.S. and Non U.S flag tankers for the carriage of 23,500 MT of Beef Packer Tallow in Bulk financed under Food for Progress Program for Fiscal Year 2003.
Cargo Quantity Laydays
Beef Packer Tallow Approx 8,000MT November 20-30, 2003
Beef Packer Tallow Approx 8,000 MT December 20-30, 2003
Beef Packer Tallow Approx 7,500 MT January 20-30, 2003
Contracted quantities to be on a min/max basis. Offers to be submitted in accordance with laydays stated above. Offers with laydays other than those stated above will not be considered.
1. Load: 1 to 3 safe berths each 1 to 2 safe U.S. ports. Vessel Owner/Broker should consider offering vessel to carry range of tonnages in order to meet program need. Owners should take note that offers which do not provide for three (3) berths at load port may not be successfully matched with commodity purchases. Mississippi River, not north of but including Baton Rouge, Louisiana, San Francisco Bay Area including Stockton, and Sacramento, Columbia River District including Portland, Oregon, are considered respectively as one load port.
2. Heating Coils should be able to maintain temperatures in excess of 135 degrees Fahrenheit in order to guarantee the free flow of the tallow in the discharge process.
3. Discharging: 1 to 2 safe berths, Karachi, Pakistan, where port restriction without guarantee from charterer are as follows: Maximum LOA 213 M, Maximum Beam 28 M, Maximum arrival draft 34.4 feet.
4. All port charges at load and discharge ports including facility charges, wharfage, dockage, quay dues or similar charges are for Owners account.
5. All shifting costs between berths at loading and discharging ports and from anchorage to load/discharge berths for owners account. Time not to count.
6. Freight to be quoted basis full or part cargo per MT and basis free in/vessel discharge 1 load to 1 discharge port plus extra freight for additional load ports if used. Premiums for additional load ports will be considered in determining lowest landed costs in those situations when commodities are likely to be loaded at more than one port. Offer requiring additional charges for additional load/discharge berth used will not be considered responsive to this tender.
7. If owner intends to lighten, the offer should specify the cost of lightening whether partial or full lightening. If lightening is not performed and vessel(s) discharge directly at berth, USDA will deduct the cost of lightening from the ocean freight.
8. Load Terms: FREE IN at the rate of 100 MT per running hour, WWDSHINC, with demurage, no dispatch
9. Discharge term: Berth term discharge at the rate of 100 MT per running hour WWDSHINC with demurrage and dispatch.
10. Owners to give charterers 14 days pre-advice of vessel's ETA at load port. Said preadvice be submitted by fax to Panalpina Inc. Project Division, Washington DC, FAX 202 659 2830 and to be received by 1100 hrs on a working day to be considered as received on the same day. Notice received after 1100 hours will be considered as received on the next working day. Notice to include name of vessel, description and ETA Load port/range with declared tonnage to be loaded. Said notice also to state the last three cargoes that were on board the vessel and that they are unleaded and non-toxic.
11. At loading: Charterers to appoint an Independent Inspection surveyor to inspect tanks, pumping and other equipment with certificates to be submitted to supplier(s) of the commodities and Charterers' outport Agent along with the Notice of Readiness. Inspections and certificates to be for Owners' time, risk and expense. The vessel inspection to be performed by an independent surveyor as mutually agreed by owner and charterers.
12. Laytime at load port to commence at six (6) hours after vessels Master or Agent files the Notice of Readiness to the declared loading terminal, vessel having passed inspection by the nominated Independent Inspection company. If second or more load berth(s) or port(s) are used laytime at the second or subsequent load berth(s) and or port(s) shall commence six (6) hours after vessel Notice of Readiness is filed at that berth and or port and vessel being ready to commence loading at said subsequent berth and port. Prior time used not count as laytime. Demurrage to be stated in the offer. Demurrage to be settled directly between vessel owner and the supplier(s) of the CDSBO. Under no circumstances shall CCC or charterer be responsible for resolving any disputes involving the calculation of laytime or the payment of demurrage between vessel owner and the supplier(s). Any and all disputes between vessel owner and the commodity supplier(s) arising out of this contract relating to settlement of laytime issues shall be arbitrated in New York subject to the rules of the Society of Maritime Arbitrators, Inc.
13. Laytime at discharge port to commence at 0800 hours the next regular working day after vessel tenders, during regular business hours, whether in berth or not. Prior time, if used, not to count. At port of discharge, vessel to be in free pratique on arrival. Demurrage/Dispatch rates to be stated in the offers. Dispatch rate to be one-half of the Demurrage rate. Notice of Readiness to be tendered to Charterer or their designated discharge port agent. Owner to submit to Trading Corporation of Pakistan, (Pvt.), Ltd, 4th Floor Finance and Trade Center, Sharea Faisal Karachi, Pakistan and Charterers agents, Panalpina Inc. Project Division Washington DC, copy of the Notice of Readiness tendered and the Statement of Facts at discharge port, within 30 days of vessel having completed discharge. Panalpina will prepare and submit the Laytime calculations at discharge port for owners review within 15 days of receiving the said documents.
14. Laytime is non-reversible
15. Time used for connecting and disconnecting hoses at discharging port(s) is not to count as laytime.
16. Owner is responsible for paying all carrying, interest and storage charges, if any, by reason of vessel's failure to present, ready in all respect to load prior to the canceling date.
17. Owners to appoint and pay for their agents at the loading port(s). Charterer to appoint their outport agent at the load port, owner paying the agency fee of US $1,500.00 per load port. At discharge port Charterer to appoint Agent owner paying customary agency fee provided rates are competitive. Charterers appointed Agent is Ocean Services Private Limited, Karachi, Pakistan.
18. Commingling of cargo for other destinations is prohibited. The Owner guarantees that no dangerous or poisonous cargo will be shipped on the vessel and the cargo will be safely segregated. Owners of the vessel(s) to be responsible for the contamination of cargo on board due to leakage in pipes or for any other reason(s). Upon the vessel's sailing from the last U.S. port of loading, copies of the stowage plan and manifest will be faxed to Charterers' agent, Panalpina, Inc., Project Division, Washington DC - Fax: (202) 659 2830.
19. Trans-shipment is not permitted.
20. Ship owner and or their agent to release original and non negotiable bills of lading to charterers agent, Panalpina Inc., Project Division, Washington, DC, immediately upon completion of loading and without any undue delays. Bill of Lading to be in accordance with shore figures. If any discrepancies, between shore figures and ships tank ullages, shore figures will prevail.
21. Master and or owner and or agent to send a Sailing Notice to charterer, Trading Corporation of Pakistan, Karachi, Fax numbers, 9221-920-2722 or 9221-920-2731 and Telex # 21084 TCP PK, with a copy to Panalpina Inc. Project Division, Washington DC, Fax number, (202) 659-2830. Said notice to state, vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date and loaded draft of vessel ETA Karachi.
22. Master of vessel shall notify charterer/receivers by cable with 10 days notice of vessel ETA discharge port, followed by 7 days, 72 hours, 48 hours and 24 hours in advance of vessel arrival at discharge port. Any variations of 12 hours or more in the arrival time will require additional notification by cable.
23. Lightening whether partial or full lightening is to be at ship owners time, risk and expense.
24. Owner to obtain Karachi Port Trust permission for lightening of vessel at outer anchorage beyond 12 miles limit.
25. Prior to commencement of the lightening operations lighter vessels to be duly inspected for cleanliness and readiness to receive the cargo from the mother vessel. Said inspections to be arranged and paid for by ship owner and certificate of cleanliness to be submitted to TCP and or their discharge port agents.
26. Lighter vessels to file their notice of Readiness to discharge to TCP or TCP discharge port agents, with the aforementioned certificate of cleanliness. Laytime on mother vessel (in case of partial lightening) or lighter vessel (in case of full lightening) will commence at 0800 hours next day and discharge rate of 100 MT per running hour WWDSHINC will apply. Prior to time used shall not count. Laytime for second lighter vessel and subsequent lighter vessels will commence at 0800 hours next day after the first or previous lighter vessel has completed the discharging of its cargo on board. Prior time used shall not count.
27. U.S. flag vessels approved freight rates will be reduced to no higher than the Maritime Administration fair and reasonable rate in the event that approved vessel is substituted by a lower cost vessel (including tug and/or barge). For vessels loading less than full cargo, freight rate will be subject to a reduction to meet any revised Maritime Administration freight rate guideline due to vessel loading other additional cargo.
28. If shipment is contracted on a part cargo basis, any additional completion cargo(es) must be duly segregated by tank and must be compatible and non-injurious to TCP Cargoes and must be detailed in the offer or approved by charterer/USDA if contracted after fixture of Pakistan/TCP Food for Progress Program. Vessels itinerary and geographic proximity of completion cargo(es) will be taken into consideration by charters/USDA in approval of such cargoes in order not to unduly impede delivery of Pakistan/TCP Food for Progress Program to Pakistan.
29. 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.
30. One-way rates must be quoted in addition to round trip rates for U.S. non-liner vessels whose date of original construction exceeds 15 years from date of fixture.
31. U.S. flag offers will not be considered if the vessel operator has not provided the Maritime Administration with vessel's costs prior to submission of the offer.
32. 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 entirety of her employment under this charter party. Owners are to provide charterers with satisfactory evidence of compliance, if required, to do so and remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM.
33. 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-US 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).
34. Freight Payment: In accordance with Food for Progress Program regulations 100 percent freight is deemed earned and payable on Bill of Lading weight. Freight will be paid by CCC/USDA on submission by owner of required documents and Notice of vessels safe arrival at discharge port issued by charterers or their agents. In event owner has not paid the carrying/interest charges if any, CCC/USDA will have the right deduct same from the ocean freight.
35. Extra Insurance: On US Flag Any additional premium due to vessel age, type, ownership or configuration shall be for the ship owners account and shall be at the prevailing rates in the New York insurance market. On NON US Flag vessels over 20 years age from original built date will not be acceptable. Additional premiums for mother or daughter(s) vessel aged 11 to 20 years to be at owners account at prevailing rates in the London Market or as charged to TCP by the National Insurance Corporation of Pakistan but not to exceed prevailing rate of London Market. Such premium to be paid by ship owner to TCP against TCP Invoice with supporting statement from their Insurance company.
36. Offers to be accompanied by a Bid Bond in the form of a Certified Bank Draft or Cashiers check in the amount of US $10,000.00 for each vessel in favor of the Embassy of Pakistan (Food Division), Washington DC. Successful bidders bid bond(s) will be returned on receipt of Performance Bond which will be furnished by owners/operators within five (5) working days after receipt of confirmation of fixture. Bid bonds of unsuccessful bidders will be returned to them soon after expiration of offers.
37. Successful bidder will post a performance bond within five (5) working days in the form of an irrevocable L/C equivalent to five (5) pct. of the ocean freight in favor of the Embassy of Pakistan c/o Panalpina, Inc., Project Division by a first-class U.S. bank. Said L/C to be valid for 30 days beyond the canceling date of the relevant charter party. However, Embassy of Pakistan will release the said bond upon vessel's presentation for loading within the contracted laydays. The L/C is to be collectible by draft at sight accompanied by a statement from the Embassy of Pakistan, Washington DC that ship owner did not perform in accordance to the C/P or did not deliver the goods as stated on the bills of lading. Under no circumstances is the performance bond to be considered as the maximum liability or liquidation of damages incurred due to non-performance by the ship owner.
38. All other terms and conditions are as per Charter Party as adapted by the Trading Corporation of Pakistan September 2003 for Bulk Beef Packer Tallow and is available from Panalpina, Inc., Project Division.
39. Offers are to be submitted in writing to Panalpina Inc., Project Division, 1100 Connecticut Avenue, NW., - Suite 520, Washington DC 20036 either by courier, mail, hand delivery or via FAX number: (202) 659-2830, to be received no later than 1100 hours Washington DC time on Monday October 6, 2003 and to remain valid until close of business Washington, DC time on Thursday, October 9, 2003. Telephone offers will not be considered. Late offers and offers based on terms other than those contained in this freight tender and charterer's proforma charter party will be considered non-responsive. If a telex offer begins printing before 1100 hours on Monday, October 6, 2003 and continues printing past that time until completion, offer will be considered as being received on time.
40. All Offers will be opened and read in public at the time and place of the tender. Only offers that are responsive to this tender will be considered. No negotiation will be permitted in accordance with Food for Progress regulations. Charterers reserve the right to accept or reject any or all offers. US and Non US offers with subject open will not be considered.
41. All offers and subsequent awards will be subject to Food for Progress regulations pursuant thereto.
42. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given the carriers or to period within which claim therefore shall be made or suit instituted.
43. The U.S. Department of Agriculture, Kansas City Commodity Offices guidelines for Claims for Over, Short and Damaged Cargo Documentation dated November 1,1988 is fully incorporated in this contract.
44. Commissions: If owner offers directly to charterer, a commission of 2.5% on freight, deadfreight and demurrage is payable to Panalpina Inc. Project Division, Washington DC. If owner offers through a broker then 2/3rd of 2.5% on freight, deadfreight, and demurrage shall be payable to Panalpina Inc. Project Division, Washington DC and balance 1/3rd of 2.5% shall be payable to the said owners broker.
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