Nigeria Award04-020P

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June 7, 2004 04-020P
Award

IFB No. NG-IPHD-FFP-04-020P
Charterer: IPHD
Vessel Owner: Liberty Maritime Corp.
Vessel: U.S. Flag "LIBERTY GLORY"
Cargo: 10,500 MT Bagged Rice
Loadport: Jacintoport
Discharge Port: Lagos, Nigeria
Terms: Full Berth Terms
Frt Rate: $210.04 per Gross MT

May 27, 2004 04-020P
Tender

Freight Tender: IPHD, Food For Progress/Bgd Rice/Nigeria

UNIVERSAL SHIPPING CO., INC. FOR AND ON BEHALF OF INTERNATIONAL PARTNERSHIP FOR HUMAN DEVELOPMENT (IPHD) REQUESTS OFFERS OF U.S. AND NON U.S. FLAG OFFERS FOR CARRIAGE OF THE FOLLOWING CARGOES (BASIS FULL BERTH TERMS OR CHARTERERS OPTION LINER IN/FREE OUT UNDER THE FOOD FOR PROGRESS PROGRAM IFB NO. NG-IPHD-FFP-04-020P:
1. A. REFERENCE NO.: 04-020P-01
COMMODITY: RICE IN 50 KG BAGS
CARGO: 1,800 NET METRIC TONS
LOADPORT: JACINTOPORT, TX
CARGO AVAILABILITY: JULY 10, 2004 
DISCHARGE PORT: LAGOS, NIGERIA
B. REFERENCE NO.: 04-020P-02
COMMODITY: RICE IN 50 KG BAGS
CARGO: 1,900 NET METRIC TONS
LOADPORT: JACINTOPORT, TX
CARGO AVAILABILITY: JULY 10, 2004 
DISCHARGE PORT: LAGOS, NIGERIA
C. REFERENCE NO.: 04-020P-03
COMMODITY: RICE IN 50 KG BAGS
CARGO: 250 NET METRIC TONS
LOADPORT: JACINTOPORT, TX
CARGO AVAILABILITY: JULY 25, 2004 
DISCHARGE PORT: LAGOS, NIGERIA
D. REFERENCE NO.: 04-020P-04
COMMODITY: RICE IN 50 KG BAGS
CARGO: 1,925 NET METRIC TONS
LOADPORT: JACINTOPORT, TX
CARGO AVAILABILITY: JULY 25, 2004 
DISCHARGE PORT: LAGOS, NIGERIA
E. REFERENCE NO.: 04-020P-05
COMMODITY: RICE IN 50 KG BAGS
CARGO: 575 NET METRIC TONS
LOADPORT: JACINTOPORT, TX
CARGO AVAILABILITY: JULY 25, 2004 
DISCHARGE PORT: LAGOS, NIGERIA
F. REFERENCE NO.: 04-020P-06
COMMODITY: RICE IN 50 KG BAGS
CARGO: 3,000 NET METRIC TONS
LOADPORT: JACINTOPORT, TX
CARGO AVAILABILITY: JULY 25, 2004 
DISCHARGE PORT: LAGOS, NIGERIA
G. REFERENCE NO.: 04-020-07
COMMODITY: RICE IN 50 KG BAGS
CARGO: 1,050 NET METRIC TONS
LOADPORT: JACINTOPORT, TX
CARGO AVAILABILITY: JULY 25, 2004 
DISCHARGE PORT: LAGOS, NIGERIA
NOTE:
a. THE TOTAL OF THE ABOVE 10,500 MT OF BAGGED RICE MUST ALL BE TRANSPORTED AT THE SAME TIME ON ONE VESSEL.
b. THE BAGGED RICE IS TO BE ACCOMPANIED WITH ONE PERCENT (1%) EMPTY BAGS TO BE CARRIED FREIGHT FREE 
c. FOR LINER IN/FREE OUT OFFERS:
-CARGO AVAILABILITY: 3,700 MT JULY 10, 2004 AND
6,800 MT JULY 25, 2004
-DISCHARGE PORT: 1/ 2 SAFE BERTHS LAGOS, NIGERIA
2. TERMS: 
A. FULL BERTH TERMS, ALL INCLUSIVE. NO DEMURRAGE/NO
DESPATCH/NO DETENTION ON VESSELS, CONTAINERS, TRAILERS,
TRUCKS AND/OR RAILCARS BENDS.

OR CHARTERERS OPTION

B. LINER TERMS IN, WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION ON VESSEL, CONTAINERS, TRAILERS, TRUCKS AND/OR RAILCARS BENDS.
FREE OUT DISCHARGE AT THE AVERAGE RATE OF 130 MT PER WORKING HATCH PER DAY BUT MAXIMUM 650 MT PER WWDSSHEX EIU, PROVIDED VESSEL CAN DISCHARGE AT THIS RATE. 
GEARED VESSELS MUST BE FULLY GEARED FOR EACH WORKING HATCH WITH MINIMUM CAPACITY OF 8 MT PER HATCH. GEARLESS VESSELS TO SUPPLY AND OPERATE SUFFICIENT DISCHARGING EQUIPMENT TO ENABLE VESSEL TO DISCHARGE AT THE RATE STATED ABOVE. ANY TIME LOST AS A RESULT OF BREAKDOWN OF VESSELS GEAR AND/OR DISCHARGING EQUIPMENT TO BE EXCLUDED FROM LAYTIME USED. NOTICE OF VESSELS READINESS TO DISCHARGE MAY NOT BE TENDERED BEFORE VESSEL IS FULLY EQUIPPED WITH READY TO OPERATE DISCHARGE GEAR/EQUIPMENT. VESSEL AND DISCHARGING EQUIPMENT/GEAR MUST MEET ALL REQUIREMENTS/REGULATIONS OF THE APPLICABLE LAGOS PORT AUTHORITY.
CARGO DELIVERED IN CONTAINERS WILL DELIVER THE CARGO TO RECEIVERS AT PORT OF LAGOS ON CONTAINER YARD BASIS. RECEIVERS WILL RECEIVE THE CARGO FROM THE CONTAINER CARRIER AT THE RATE OF 250 MT PER DAY WWDSSHEX EIU. RECEIVER WILL NOT PAY ANY HANDLING CHARGES THAT MAY BE LEVIED BY CARRIERS AGENTS AS FEES AND CHARGES ON THE CONTAINERS, OVER AND ABOVE FREIGHT RATE CONTRACTED.
FOR LASH-SEABEE BARGES NO LOAD OR DISCHARGE RATE, NO DEMURRAGE, NO DESPATCH, NO DETENTION CHARGES TO BE APPLIED AND SAME TO BE LOADED AND DISCHARGED IN REGULAR TURN WITHOUT UNDUE DELAY.
3. IT IS OWNERS SOLE RESPONSIBILITY FOR VESSEL MEETING ALL BERTH RESTRICTIONS AT THE DISCHARGE PORT(S). ANY LIGHTENING REQUIRED AS A RESULT OF VESSELS FAILURE TO MEET BERTH RESTRICTIONS AT THE DISCHARGE PORT(S) IS FOR OWNERS TIME, RISK AND EXPENSE.
4. FOR FULL BERTH TERMS OFFERS: CARRIER IS RESPONSIBLE FOR DISCHARGING CARGOES DIRECTLY INTO RECEIVERS CONVEYANCES OR PORT WAREHOUSE, AS DIRECTED BY RECEIVERS, AT CARRIERS TIME, RISK, AND EXPENSE. IF CARGO HAS BEEN CONTAINERIZED FOR CARRIER CONVENIENCE, THE SAME TERMS APPLY, CARRIER TO STRIP CONTAINERS AND DISCHARGE DIRECTLY INTO RECEIVERS CONVEYANCES OR PORT WAREHOUSE.
5. IF CONTAINER SERVICE IS OFFERED/CONTRACTED:
A. CARGO IS TO BE STUFFED INTO CONTAINERS AT OWNERS TIME,
RISK, AND EXPENSE.
B. MINIMUM CONTAINER LOAD REQUIREMENTS WILL NOT BE ACCEPTED.
C. CARRIER MUST CERTIFY THAT EACH CONTAINER UTILIZED TO LOAD THESE CARGOES IS:
(A) IN WIND AND WATER TIGHT CONDITION;
(B) NOT MORE THAN TEN (10) YEARS OLD;
(C) NOT A SALVAGED CONTAINER OR MUSTERED OUT FROM
REGULAR SERVICE.
AS A CONDITION OF PAYMENT, CARRIER MUST PROVIDE TO UNIVERSAL SHIPPING CO. A FGIS SURVEY REPORT ATTESTING TO THE SATISFACTORY CONDITION OF CONTAINERS. SURVEY IS TO BE PERFORMED PRIOR TO LOADING THESE CARGOES.
D. COSTS FOR ALL CONTAINER INSPECTIONS SHALL BE FOR THE
ACCOUNT OF THE OCEAN CARRIER. 
6. THIS CARGO IS REQUIRED TO HAVE A PRE-INSPECTION OBSERVATION TAKE PLACE FOR CHARTERERS ACCOUNT, BY CHARTERERS APPOINTED SURVEYOR, DURING THE ENTIRE PROCESS OF LOADING ON BOARD THE VESSEL AND/OR STUFFING INTO CONTAINERS. THIS PRE-INSPECTION WILL BE CLOSELY COORDINATED WITH CARRIER. HOWEVER, IF CARRIER LOADS THE VESSEL OR STUFFS THE CONTAINERS WITHOUT CHARTERERS APPOINTED INSPECTOR BEING PRESENT, IT WILL BE CARRIERS FULL RESPONSIBILITY TO UNLOAD THE CARGO IN ORDER FOR THE SURVEY TO TAKE PLACE AS CONTRACTED AND THEN RE-LOAD THE CARGO, ALL AT CARRIERS TIME, RISK AND EXPENSE. 
7. U.S. CUSTOMS COMPLIANCE: IN ACCORDANCE WITH THE ENFORCED COMPLIANCE PROGRAM FOR OUTBOUND DOCUMENTATION OF THE U.S. CUSTOMS SERVICE, CARRIER IS HEREBY INFORMED THAT CARRIER IS RESPONSIBLE FOR THE PAYMENT OF ANY PENALTY ASSESSED AGAINST THE CARGO DUE IN WHOLE OR IN PART DUE TO DELAY BY CARRIER IN VERIFYING FINAL LOAD COUNT AND PROVIDING SAID FINAL LOAD COUNT TO UNIVERSAL SHIPPING CO.
8. CARRIERS TO PROVIDE 21, 14, 7, 5, 3 DAYS AND 24 HOUR NOTICES OF VESSEL READINESS TO LOAD.
9. LOADING DELAY ASSESSMENT: A LOADING DELAY ASSESSMENT (LDA) OF USD 1.00 PER METRIC TON PER DAY REDUCTION IN THE FREIGHT RATE FOR EACH AND EVERY DAY BEYOND THE CONTRACTED LOAD DATE (THE CONTRACTED LOAD DATE IS DEFINED AS THE DATE THAT THE VESSEL IS ESTIMATED TO ARRIVE AT THE SPECIFIED LOADING PORT PLUS A TEN (10) DAY GRACE PERIOD) THAT THE VESSEL FAILS TO PRESENT AT THE FIRST OR SOLE LOADING PORT TO LOAD THE CARGO SPECIFIED IN THIS TENDER.
10. DELIVERY DELAY ASSESSMENT (FOR FULL BERTH TERMS): IN ORDER TO MEET PROGRAM NEEDS, CARRIER IS TO GUARANTEE CARGO ARRIVAL AT DISCHARGE PORT NOT LATER THAN 35 DAYS FROM COMPLETION OF LOADING CARGOES SPECIFIED IN THIS TENDER. A DELIVERY DELAY ASSESSMENT (DDA) OF USD 1.00 PER METRIC TON PER DAY REDUCTION IN THE FREIGHT RATE FOR EACH AND EVERY DAY THAT THE CARGO ARRIVES AT THE DISCHARGE PORT, BEYOND THE ALLOCATED 35 DAYS FOR TRANSIT.
11. AT DISCHARGE PORT, ON INSPECTION BY RECEIVERS INSPECTORS, IF CARGO AND/OR VESSEL OR CARGO AND/OR CONTAINER IS FOUND TO BE INFESTED, AND PROVIDED CLEAN B/L WAS ISSUED, CARGO AND/OR VESSEL OR CARGO AND/OR CONTAINER TO BE FUMIGATED BY OWNERS AT THEIR RISK/EXPENSE, WITH TIME COUNTING FOR U.S. FLAG VESSELS. FUMIGATION TIME USED FOR CONTAINERS WILL NOT COUNT AS LAYTIME AT DISCHARGE PORT.
12. FREIGHT RATES TO BE QUOTED IN U.S. DOLLARS PER METRIC
TON AND MUST BE ALL INCLUSIVE.
13. FREIGHT RATES ARE TO PROVIDE A BREAKDOWN OF OCEAN FREIGHT,
DOMESTIC AND/OR FOREIGN INLAND RATES. 
14. FOR LINER IN/FREE OUT OFFERS: DEMURRAGE/DESPATCH IS APPLICABLE AT DISCHARGE PORT. OWNERS ARE TO SPECIFY DEMURRAGE/DESPATCH RATE IN THEIR OFFER. DESPATCH RATES MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED.
15. OFFERS FROM NVOCCS WILL BE CONSIDERED AS NON-RESPONSIVE.
16. VESSEL TYPE RESTRICTIONS: OCEAN GOING TOWED BARGES ARE EXCLUDED.
17. NON U.S. FLAG VESSELS MUST BE REGISTERED IN LLOYDS OR
EQUIVALENT AND SHOULD NOT BE MORE THAN 20 YEARS OLD. DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE DUE TO VESSELS AGE, IF INCURRED, SHALL BE FOR CARRIERS ACCOUNT.
18. U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL
OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSELS COSTS PRIOR TO SUBMISSION OFFER.
19. CARRIER SHALL SPECIFY IN THEIR OFFER WHETHER RATE OFFERED IS THE SAME AS OR LOWER THAN CARRIERS APPLICABLE TARIFF RATE AT TIME OF OFFERS. 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.
20. VESSELS DETAILED ITINERARY AND CURRENT POSITION IS TO BE
STATED IN OFFER AND SHOULD PROVIDE ESTIMATED SAILING DATE
FROM LOADPORT, AND ESTIMATED ETA AT DISCHARGE PORT.
21. ISM AND ISPS CODE COMPLIANCE: CARRIER GUARANTEES THAT THIS VESSEL, IF REQUIRED BY THE ISM (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 SECURITY (ISPS) CODE AND WILL REMAIN SO FOR THE ENTIRETY OF HER EMPLOYMENT UNDER THIS BOOKING NOTE. UPON REQUEST, CARRIERS TO PROVIDE SHIPPERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARD TO THE ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD 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 CODE.
22. COMPLIANCE WITH SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998: PUBLIC LAW 105-383 (46 USC PARAGRAPH 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/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
IFB IS A GOVERNMENT IMPELLED (PREFERENCE) CARGO, OFFERORS
MUST WARRANT THAT VESSEL(S) AND OWNERS/OPERATORS ARE NOT DISQUALIFIED TO CARRY SUCH GOVERNMENT IMPELLED (PREFERENCE)
CARGO(ES).
23. WAR RISK PREMIUM: CARRIERS SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE PREMIUMS IN THEIR OFFERED RATES. OWNERS BEARS THE RISK OF ANY INCREASE IN WAR RISK PREMIUMS.
24. THE U.S. DEPARTMENT OF AGRICULTURE KANSAS CITY COMMODITY OFFICES NOTICE TO THE TRADE EOD-68 OF MAY 5, 2000 REGARDING THE VESSEL LOADING OBSERVATIONS IS HEREBY INCORPORATED.
25. A BROKERAGE COMMISSION IS PAYABLE BY OWNERS ON GROSS FREIGHT, 
DEADFREIGHT, AND DEMURRAGE. TWO-THIRDS OF 2.5 PERCENT TO BE
PAID TO UNIVERSAL SHIPPING AND ONE-THIRD OF 2.5 PERCENT TO BE
PAID TO OWNERS' BROKER, IF OWNER'S BROKER IS INVOLVED IN THE VESSEL FIXTURE, OR A FULL 2.5 PERCENT TO BE PAID TO UNIVERSAL
SHIPPING IF THE VESSEL FIXTURE IS ARRANGED WITHOUT OWNERS' BROKER.
26. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS
AND CONDITIONS OF IPHDS FFP PACKAGED CARGOES / NIGERIA PROFORMA BOOKING NOTE (MAY 2004) FOR FULL BERTH TERM BOOKINGS AND IPHDS FFP PACKAGED CARGOES / NIGERIA PROFORMA CHARTER PARTY (MAY 2004) FOR LINER IN/FREE OUT FIXTURES WHICH ARE AVAILABLE UPON REQUEST FROM UNIVERSAL SHIPPING CO.
27. CHARTERERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY AND/OR
ALL OFFERS.
28. ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE STOWED IN SEPARATE HOLDS, MUST BE COMPATIBLE AND NON-INJURIOUS TO IPHD CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS AND USDA IF CONTRACTED AFTER FIXTURE OF IPHD CARGO. VESSELS ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY IPHD /USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF IPHDS CARGO TO NIGERIA.
29. OFFERS ARE TO BE RECEIVED BY SEALED LETTER, OR BY FAX NO. 703-522-9417 AT UNIVERSAL SHIPPING CO., 2300 CLARENDON BLVD., SUITE 1004, ARLINGTON, VA 22201 NO LATER THAN 1100 HOURS WASHINGTON, D.C. TIME WEDNESDAY, JUNE 2, 2004 AND ALL OFFERS MUST REMAIN VALID THROUGH CLOSE OF BUSINESS WASHINGTON, D.C. TIME FRIDAY, JUNE 4, 2004. 
IF A FAX OFFER IS CONNECTED TO OUR FAX MACHINE BEFORE 1100 HRS WASHINGTON, D.C. TIME, ACCORDING TO TIME AS PRINTED ON OFFER (BASED ON EASTERN STANDARD/EASTERN DAYLIGHT SAVING TIME, AS APPROPRIATE) AND CONTINUES TRANSMITTING PAST 1100 HOURS UNTIL COMPLETION, CHARTERERS WILL CONSIDER THE OFFER AS IF IT HAD COMPLETED TRANSMITTING BEFORE 1100 HOURS, HOWEVER, CHARTERERS WILL NOT CONSIDER ANY FAX OFFER WHICH CONNECTS TO OUR FAX MACHINE AFTER 1100 HOURS.
U.S. AND FOREIGN FLAG OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT PLACE AND TIME. 
NO PHONE OFFERS WILL BE ACCEPTED. 
ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO NEGOTIATION IS PERMITTED. 

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