Georgia Award04-016P

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Award June 22, 2004
04-016P

VISHNEVSKAYA-ROSTROPOVICH FOUNDATION
FREIGHT TENDER DTD MAY 20, 2004 - RESULTS - SECTION 416(B)

CARRIER: MAERSK SEALAND
PRIORITY II SERVICE

USDA NO.: 04-016P-01
COMMODITY: NFD MILK IN 25 KG BAGS
CARGO: 1,500 NET METRIC TONS
LOAD: SAN ANTONIO, TX
DISCHARGE PORT: POTI, GEORGIA
CARGO AVAILABILITY: NET JUNE 10, 2004; NLT JUNE 30, 2004

FREIGHT RATE:
CARGO: USD 141.21 PGMT

FREIGHT RATE BREAKDOWN: OCEAN FREIGHT USD 109.63 PGMT, U.S. INLAND USD 31.58
PGMT.

Tender    May 20, 2004
04-016P

Freight Tender: PCI,416(b),VRF,NFD Milk,Georgia

PACIFIC CARGOES, INC., WASH., D.C., AS AGENT FOR THE 
VISHNEVSKAYA-ROSTROPOVICH FOUNDATION (VRF), SHIPPER, REQUESTS OFFERS OF 
U.S. AND NON-U.S. FLAG VESSELS TO TRANSPORT THE FOLLOWING CARGO(ES) UNDER 
THE SECTION 416(B) PROGRAM:
- IFB NO. 04-016P
- CARGO(ES):
(A) UP TO 1,500 NET METRIC TONS OF NFD MILK IN 25 KG BAGS
AVAILABLE: COMMODITY SUPPLIER'S SHIPMENT PERIOD NOT EARLIER THAN (NET) 
JUNE 10, 2004 AND NOT LATER THAN (NLT) JUNE 30, 2004
INLAND PLANT (WAREHOUSE) LOCATION: OGM ENTERPRISES, 700 TAYMAN STREET
SOUTH, SAN ANTONIO, TEXAS 78226-1816
CONTACT: MR. FELTON OVERBEY; TEL. (210) 923-9222; FAX (210) 923-5226.
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IN ORDER TO COMPLY WITH THE PROGRAM AGREEMENT, ALL WATER SERVICE FROM LOAD 
PORT TO DISCHARGE PORT IS REQUIRED.
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- PRIOR TO SUBMITTING OFFERS, OFFERORS MUST CHECK WITH THE INTERMODAL PLANT 
(WAREHOUSE) FACILITY TO DETERMINE WHAT TYPE OF CONVEYANCE IS ACCEPTABLE AT 
THE INTERMODAL PLANT (WAREHOUSE) FACILITY AS WELL AS THEIR CAPABILITY FOR 
LOADING CONTAINERS.
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- THE OCEAN CARRIER MUST CONTACT THE INTERMODAL PLANT (WAREHOUSE) AT LEAST 
72 HOURS IN ADVANCE OF THE FIRST DAY OF THE SHIPPING PERIOD FROM INTERMODAL 
PLANT (WAREHOUSE) TO ESTABLISH A LOADING SCHEDULE THAT BEGINS ON THE 1ST 
DAY OF THE SHIPPING PERIOD. A COPY OF THE LOADING SCHEDULE FROM EACH 
INTERMODAL PLANT (WAREHOUSE) IS REQUESTED BY USDA KCCO IN WRITING 48 HOURS 
PRIOR TO THE FIRST DAY OF THE SHIPPER PERIOD FROM THE INTERMODAL PLANT 
(WAREHOUSE). THIS INFORMATION IS REQUIRED BY USDA KCCO/WLED IN ORDER TO 
COORDINATE CHECKLOADING OF THE MILK CONTAINERS AT THE INTERMODAL PLANT 
(WAREHOUSE) AND NO MILK CAN LOAD UNLESS AN EXAMINER IS PRESENT.
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- DISCHARGE PORT: POTI, GEORGIA.
- OFFERORS ARE TO PROVIDE A DETAILED ITINERARY OF THE SERVICE BEING OFFERED 
IN THEIR OFFER WHICH SHALL INCLUDE LOAD PORT(S) TO BE UTILIZED, ESTIMATED 
LOAD DATES, ESTIMATED SAILING DATES FROM LOAD PORT(S), ESTIMATED TRANSIT 
TIMES INCLUDING ANY PROJECTED INTERIM PORTS, AND ESTIMATED ETA AT NAMED 
DISCHARGE PORT.
- COMMODITY, LOAD PORT AND INTERMODAL POINT ABBREVIATIONS AS PER USDA FORM
KC-362. DELIVERY TERMS PER USDA NOTICE TO THE TRADE OF APRIL 5, 1995.
- ALL NONFAT DRY MILK MUST BE SHIPPED IN FULLY ENCLOSED MARINE CONTAINERS, 
LOADED AND SEALED AT THE WAREHOUSE ALLOCATED BY USDA, AND REMAIN IN SAME 
SEALED CONTAINER UP TO DELIVERY POINT. OFFERS OF NON-CONTAINERIZED SERVICE 
WILL NOT BE CONSIDERED RESPONSIVE TO THIS FREIGHT IFB.
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- OFFERORS ARE REQUESTED TO ADVISE IN OFFER WHETHER THEY WILL PROVIDE 20 FT 
OR 40 FT CONTAINERS. RECEIVERS HAVE ADVISED THAT THEY PREFER SHIPMENTS IN
40 FT CONTAINERS.
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- CONTAINERIZED SHIPMENTS SHALL HAVE NO MORE THAN ONE TRANSSHIPMENT ENROUTE 
TO DISCHARGE PORT. DIRECT SERVICE TO DISCHARGE PORT IS PREFERRED. 
OFFERORS ARE TO DETAIL THEIR CONTAINER TRACKING SYSTEM IN THEIR OFFER.
- OWNER/CARRIER MUST CERTIFY THAT EACH CONTAINER UTILIZED TO LOAD NFD MILK 
CARGO IS IN WIND AND WATER TIGHT CONDITION, HAS A METAL FLOOR, IS NOT MORE 
THAN TEN (10) YEARS OLD, AND IS NOT A SALVAGED CONTAINER OR MUSTERED OUT 
FROM REGULAR SERVICE. AS A CONDITION OF PAYMENT, OWNER/CARRIER MUST 
PROVIDE AN FGIS CONTAINER CONDITION INSPECTION CERTIFICATE ATTESTING TO THE 
SATISFACTORY CONDITION OF CONTAINERS. CONTAINER INSPECTION IS TO BE 
PERFORMED PRIOR TO LOADING NFD MILK CARGOES. NO CONTAINER MINIMUMS SHALL 
APPLY.
- OFFERS OF NAMED VESSELS ONLY; NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT 
SHIPPER'S/USDA'S APPROVAL.
- AS THE CARGO ADVERTISED IN THIS IFB IS A GOVERNMENT IMPELLED (PREFERENCE) 
CARGO, OFFERORS OF NON-U.S. FLAG VESSELS MUST WARRANT THAT VESSEL(S) AND 
OWNER / OPERATOR ARE NOT DISQUALIFIED TO CARRY SUCH GOVERNMENT IMPELLED 
(PREFERENCE) CARGO(ES) AS OUTLINED IN SECTION 408 OF THE COAST GUARD 
AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C., PARAGRAPH 
2302[E]). SEE PROFORMA BOOKING NOTE CLAUSE 20 FOR FULL DETAILS.
- ISM AND ISPS CODE COMPLIANCE: CARRIER GUARANTEES THAT THIS VESSEL, IF
REQUIRED BY THE ISM CODE (NON SELF-PROPELLED BARGES ARE EXEMPT), AND ISPS 
CODE ISSUED IN ACCORDANCE WITH INTERNATIONAL CONVENTION FOR THE SAFETY OF 
LIFE AT SEA (1974) AS AMENDED (SOLAS), COMPLIES FULLY WITH THE 
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND 
PORT FACILITIES (ISPS) CODE AND WILL REMAIN SO FOR THE ENTIRETY OF HER 
EMPLOYMENT UNDER THIS BOOKING NOTE. UPON REQUEST, CARRIERS TO PROVIDE 
SHIPPER WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY 
MANAGEMENT CERTIFICATE (SMC) IN REGARDS TO THE ISM CODE AND THE 
INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARDS TO THE ISPS CODE. 
CARRIERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM 
MATTERS ARISING AS A RESULT OF THE CARRIER OR THE VESSEL BEING OUT OF 
COMPLIANCE WITH THE ISM AND ISPS CODES.
(THE ABOVE CLAUSE WILL REPLACE CLAUSE 19 IN THE PROFORMA BOOKING NOTE)
- OWNERS TO PROVIDE FOURTEEN (14), SEVEN (7), FIVE (5) DAYS AND TWENTY-FOUR 
HOUR NOTICES OF VESSEL READINESS TO LOAD.
- LOADING TERMS (INTERMODAL PLANT POINT OF ORIGIN): THE COMMODITY SUPPLIER 
SHALL BE RESPONSIBLE FOR LOADING THE CONTAINERS AT NAMED POINT OF ORIGIN. 
THE CARRIER SHALL BE RESPONSIBLE FOR THE COSTS OF TRANSPORTATION FROM SAID 
NAMED POINT OF LOADING TO THE U.S. PORT OF EXPORT AND THE COST OF LOADING 
THE CARGO ON BOARD THE OCEAN GOING VESSEL.
- COMPLIANCE TO COMMODITY SUPPLIER'S LOAD CAPABILITIES: CARRIER MUST 
COMPLY WITH COMMODITY SUPPLIER'S LOAD AND CAPACITY CAPABILITIES. IF THE 
CARRIER FAILS TO COMPLY WITH COMMODITY SUPPLIER'S LOAD CAPABILITIES, ANY 
COSTS INCURRED BY THE VENDOR/USDA (CCC) INCLUDING BUT NOT LIMITED TO 
LIQUIDATED DAMAGES, STORAGE, WILL BE FOR CARRIER'S ACCOUNT. CONTAINERS ARE 
TO BE PLACED AT THE COMMODITY SUPPLIER'S PLANT. CARRIER MUST ENSURE THAT 
CONTAINERS ARE PLACED AT THE PLANT BY THE COMMENCEMENT OF THE COMMODITY 
SUPPLIER'S SHIPPING PERIOD AND MUST SUPPLY CONTAINERS ON A CONTINUOUS BASIS 
UNTIL THE COMMODITY SUPPLIER FULFILLS HIS CONTRACT QUANTITY OR AS OTHERWISE 
MUTUALLY AGREED BETWEEN CARRIER AND COMMODITY SUPPLIER.
- CARRIER MUST GIVE AT LEAST 24 HOURS NOTICE OF INTENT TO PICK UP NFD MILK. 
WHEN CALLING TO SCHEDULE AN APPOINTMENT, YOU MAY NEED THE COMMODITY 
SUPPLIER'S RELEASE NUMBER.
- DISCHARGING TERMS: THE CARGO IS TO BE DISCHARGED FROM THE VESSEL 
ACCORDING TO BERTH TERMS WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION.
- FLOOR DELIVERY: THE CARRIER IS TO STRIP THE CARGO FROM THE CONTAINERS AND 
STACK IT IN RECEIVER'S DESIGNATED WAREHOUSE LOCATED WITHIN THE DISCHARGE 
PORT AT THE CARRIER'S EXPENSE.
- DELIVERY DELAY ASSESSMENT: SHIPPER REQUIRES THAT THE BAGGED NFD MILK 
CARGO ARRIVE AT THE DISCHARGE PORT NOT LATER THAN AUGUST 19, 2004. SHIPPER 
WILL ASSESS LIQUIDATED DAMAGES OF TWO DOLLARS ($2.00), U.S. CURRENCY, PER 
METRIC TON IF ALL CONTAINERS HAVE NOT BEEN DELIVERED TO THE DISCHARGE PORT 
ON OR BEFORE AUGUST 19, 2004, AND SHIPPER WILL CONTINUE TO ASSESS 
LIQUIDATED DAMAGES FOR EACH AND EVERY DAY'S DELAY UNTIL ALL CONTAINERS HAVE 
BEEN DELIVERED TO THE DISCHARGE PORT. DELIVERY DELAY ASSESSMENT, IF ANY, 
WILL BE DEDUCTED FROM OCEAN FREIGHT PAYMENT.
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- VESSEL TYPE RESTRICTIONS: NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) 
MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR FOREIGN FLAG SHIPMENTS.
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- CARRIER IS TO PROVIDE ALL EQUIPMENT WHETHER ON-BOARD VESSEL OR SHORESIDE 
REQUIRED TO DISCHARGE THE CONTAINERS.
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- FOREIGN FLAG VESSELS SHOULD NOT BE OLDER THAN 20 YEARS OF AGE AND MUST BE 
CLASSED HIGHEST IN LLOYD'S REGISTER OR ITS EQUIVALENT. DATE OF ORIGINAL 
CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE DUE TO 
VESSEL'S AGE, IF INCURRED UNDER THE MARINE CARGO INSURANCE POLICY COVERING 
THIS SHIPMENT, SHALL BE FOR CARRIER'S ACCOUNT.
- VRF RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.
- SHOULD GENERAL AVERAGE CONDITIONS ARISE, CONSIGNEE SHALL CONTRIBUTE WITH 
THE OWNERS 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 OWNERS, 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, 1990. CARGO TO BE 
RELEASED WITHOUT GENERAL AVERAGE SECURITY.
- THE UNITED STATES DEPARTMENT OF AGRICULTURE KANSAS CITY COMMODITY 
OFFICE'S GUIDELINES DATED DECEMBER 21, 1989 FOR CONTAINER, BARGE AND
VESSEL HOLD INSPECTIONS IS HEREBY INCORPORATED.
- THE UNITED STATES DEPARTMENT OF AGRICULTURE KANSAS CITY COMMODITY
OFFICE'S NOTICE TO THE TRADE DATED JULY 5, 1996, REGARDING CHANGES IN THE 
VESSEL LOADING OBSERVATIONS PROCEDURE AND CLARIFICATION OF F.A.S. DELIVERY 
ARE HEREBY INCORPORATED.
- THE UNITED STATES DEPARTMENT OF AGRICULTURE HAS ISSUED A NOTICE TO THE 
TRADE (EOD-68) REGARDING VESSEL LOADING OBSERVATION, DATED MAY 5, 2000, 
WHICH NOTICE IS HEREBY INCORPORATED IN THIS IFB. QUESTIONS REGARDING THESE 
REQUIREMENTS OR COPIES OF THE NOTICES MAY BE OBTAINED FROM MR. NELSON 
RANDALL, CHIEF, PROCESSED COMMODITIES BRANCH, AT THE U.S. DEPARTMENT OF 
AGRICULTURE KANSAS CITY COMMODITY OFFICE, TELEPHONE: (816) 926-6658.
- IN KEEPING WITH U.S. CUSTOMS' ENFORCED COMPLIANCE PROGRAM FOR OUTBOUND 
DOCUMENTATION, CARRIERS ARE HEREBY NOTIFIED THAT ANY PENALTY ASSESSED 
AGAINST THE CARGO DUE IN WHOLE OR IN PART TO DELAY BY CARRIER IN VERIFYING 
FINAL LOAD COUNT AND PROVIDING SAME TO SHIPPER'S FORWARDER, WILL BE SOLELY 
FOR CARRIER'S ACCOUNT.
- CARRIER SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE 
PREMIUMS IN THEIR OFFERED RATES. CARRIER BEARS THE RISK OF ANY INCREASE IN 
WAR RISK PREMIUMS.
- CARRIER SHALL SPECIFY IN THEIR OFFER WHETHER RATE OFFERED IS THE SAME AS 
OR LOWER THAN CARRIER'S APPLICABLE TARIFF RATE AT TIME OF OFFERING. 
CARRIER MUST DECLARE FMC TARIFF NUMBER AND STATE WHETHER RATE OFFERED IS A
CARRIER TARIFF RATE OR A CONFERENCE TARIFF RATE AND WHETHER RATE IS TO BE 
FILED, TO BE MAINTAINED, OR TO BE AMENDED.
- OFFERS TO BE RECEIVED BY 1100 HRS WASH., D.C. TIME MAY 25, 2004, AT THE 
OFFICE OF PACIFIC CARGOES, INC., 1629 K STREET, N.W., SUITE 700, WASH., 
D.C. BY SEALED HAND DELIVERED LETTER OR TELEFAX (202) 296-1160. ONLY 
SEALED HAND DELIVERED OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME 
WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED. 
(OFFERORS ARE ENCOURAGED TO HAND DELIVER OFFERS TO PACIFIC CARGOES, INC.). 
ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED.
- OFFERS TO REMAIN VALID UNTIL 1700 HRS WASH., D.C., MAY 28, 2004.
- 100 PCT FREIGHT PAYMENT SHALL BE MADE DIRECTLY BY CCC (CCC OPERATIONS 
DIVISION, WASH., D.C.) PER SECTION 416(B) REGULATIONS AND BOOKING NOTE 
TERMS.
- OTHERWISE: VRF PROFORMA BOOKING NOTE APPLICABLE TO SECTION 416(B) PROGRAM 
/ GEORGIA / NFD MILK (FEBRUARY 2004).
- OFFER SHOULD INCLUDE: VESSEL NAME / TYPE / FLAG / YEARBLT / LOA / BEAM / 
DWT / DRAFT / GEAR / ETA AT LOAD AND DISCHARGE PORT / FULL STYLE OF CARRIER
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- FREIGHT RATES MUST BE BROKEN DOWN TO COVER THE FOLLOWING:
(A) DOMESTIC INLAND; AND (B) OCEAN FREIGHT. OFFERS WHICH DO NOT PROVIDE 
FREIGHT RATE BREAKDOWN WILL NOT BE CONSIDERED RESPONSIVE TO THIS TENDER.
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- FREIGHT RATES TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS DOOR TO 
FLOOR DELIVERY.
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- COPIES OF VRF'S PROFORMA BOOKING NOTE ARE AVAILABLE UPON REQUEST TO 
PACIFIC CARGOES, INC.
- COMMISSION: 2.5 PCT ON FREIGHT / DEADFREIGHT TO SHIPPER'S AGENT IF 
OFFERED DIRECT; IF BROKER INVOLVED, 2/3 OF 2.5 PCT TO SHIPPER'S AGENTS AND 
1/3 OF 2.5 PCT TO BROKER.
- ALL FIXTURES ARE SUBJECT APPROVAL BY USDA.
- FOR FURTHER INFORMATION CALL PACIFIC CARGOES, INC., WASH., D.C.
TELEPHONE 202-785-3400 OR FAX NO. 202-296-1160 OR EMAIL: mail@isc-pci.com.
Web Site: http:\\www.isc-pci.com

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