Yemen Award04-033B
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04-033B
Award August 18, 2004
GOVT OF YEMEN FREIGHT TENDER DATED JULY 27, 2004 - RESULTS
FOOD FOR PROGRESS PROGRAM
USDA#: YE-FFP-04-033B-01
REQUEST#: FGR-279-4/156
CARGO: 22,001 MT WHEAT IN BULK
FIXED W/ LIBERTY SHIPHOLDING CORP.
VESSEL: M/V LIBERTY GLORY - U.S.FLAG BULK CARRIER
LAYDAYS: OCTOBER 1-10, 2004
LOAD: 1/2 SB EACH 1/2 SP U.S. NORPAC
DISCH: 1/2 SAFE BERTH(S) EACH HODEIDAH AND/OR ADEN
AND/OR SALEEF, YEMEN.
FREIGHT RATE: USD 138.75 PMT
USD 5.25 PMT FOR SECOND LOAD PORT, IF USED
USD 5.00 PMT FOR EACH ADDITIONAL DISCHARGE PORT, IF USED
Tender July 28, 2005
Freight Tender: ISC, Food for Progress, Yemen, Wheat
INTERNATIONAL SERVICES CORP., WASH., D.C., AS AGENT FOR THE GOVERNMENT OF
YEMEN, REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS TO TRANSPORT THE
FOLLOWING CARGO(ES) UNDER FOOD FOR PROGRESS PROGRAM:
- IFB NO. 04-033B
- CARGO(ES): APPROXIMATELY 22,000 MT WHEAT IN BULK (1 GRADE SWW)
- CARGO QUANTITY WILL BE CONTRACTED ON MIN/MAX BASIS.
- LAYCAN: OCTOBER 1-10, 2004.
- OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A WIDE RANGE OF
TONNAGES TO ACCOMODATE THE PROGRAM NEEDS.
- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED, MUST BE
COMPATIBLE AND NON-INJURIOUS TO YEMEN'S FOOD FOR PROGRESS WHEAT CARGO(ES),
MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED
AFTER FIXTURE OF YEMEN'S FOOD FOR PROGRESS WHEAT CARGO(ES). VESSEL'S
ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN
INTO CONSIDERATION BY CHARTERER/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN
ORDER NOT TO UNDULY IMPEDE DELIVERY OF YEMEN'S CARGO(ES) TO YEMEN.
- OFFERS RECEIVED WITH LAYDAYS BEYOND CANCELLING DATE WILL NOT BE
CONSIDERED.
- OFFERS OF NAMED VESSELS ONLY; NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT
CHARTERER'S/USDA'S APPROVAL.
- INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE: SEE PROFORMA C/P CLAUSE 50
FOR FULL DETAILS.
- THE FOLLOWING CLAUSE IS INCORPORATED INTO YEMEN'S PROFORMA CHARTER
PARTY:
ISPS CLAUSE
(A) (I) FROM THE DATE OF COMING INTO FORCE OF THE INTERNATIONAL CODE FOR
THE SECURITY OF SHIPS AND OF PORT FACILITIES AND THE RELEVANT AMENDMENTS TO
CHAPTER XI OF SOLAS (ISPS CODE) IN RELATION TO THE VESSEL, THE OWNERS SHALL
PROCURE THAT BOTH THE VESSEL AND "THE COMPANY" (AS DEFINED BY THE ISPS
CODE) SHALL COMPLY WITH THE REQUIREMENTS OF THE ISPS CODE RELATING TO THE
VESSEL AND "THE COMPANY". UPON REQUEST THE OWNERS SHALL PROVIDE A COPY OF
THE RELEVANT INTERNATIONAL SHIP SECURITY CERTIFICATE (OR THE INTERIM
INTERNATIONAL SHIP SECURITY CERTIFICATE) TO THE CHARTERERS. THE OWNERS
SHALL PROVIDE THE CHARTERERS WITH THE FULL STYLE CONTACT DETAILS OF THE
COMPANY SECURITY OFFICER (CSO).
(II) EXCEPT AS OTHERWISE PROVIDED IN THIS CHARTER PARTY, LOSS, DAMAGE,
EXPENSE OR DELAY, EXCLUDING CONSEQUENTIAL LOSS, CAUSED BY FAILURE ON THE
PART OF THE OWNERS OR "THE COMPANY" TO COMPLY WITH THE REQUIREMENTS OF THE
ISPS CODE OR THIS CLAUSE SHALL BE FOR THE OWNERS' ACCOUNT.
(B) OWNER TO SPECIFY ANY INFORMATION REQUIRED FROM CHARTERERS IN ORDER TO
COMPLY WITH ISPS AT TIME VESSEL TENDERS PRE-ADVICE NOTICE FOR THIS CARGO.
THE CHARTERERS SHALL PROVIDE THE CSO AND THE SHIP SECURITY OFFICER
(SSO)/MASTER WITH THEIR FULL STYLE CONTACT DETAILS AND ANY OTHER
INFORMATION THE OWNERS REQUIRE TO COMPLY WITH THE ISPS CODE.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED IN THIS CHARTER
PARTY, ANY ADDITIONAL COSTS OR EXPENSES WHATSOEVER SOLELY ARISING OUT OF OR
RELATED TO SECURITY REGULATIONS OR MEASURES REQUIRED BY THE PORT FACILITY
OR ANY RELEVANT AUTHORITY IN ACCORDANCE WITH THE ISPS CODE INCLUDING, BUT
NOT LIMITED TO, SECURITY GUARDS, LAUNCH SERVICES, TUG ESCORTS, PORT
SECURITY FEES OR TAXES AND INSPECTIONS, SHALL BE FOR THE OWNERS' ACCOUNT.
ALL MEASURES REQUIRED BY THE OWNERS TO COMPLY WITH THE SHIP SECURITY PLAN
SHALL BE FOR THE OWNERS' ACCOUNT.
- 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 CARGO 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 C/P CLAUSE 32 FOR FULL DETAILS.
- FOURTEEN (14) DAY PREADVICE REQUIRED. SEE PROFORMA C/P CLAUSE 2 FOR FULL
DETAILS.
- DAILY VESSEL POSITION / STATUS REPORTS REQUIRED. SEE PROFORMA C/P CLAUSE
51 FOR FULL DETAILS.
- LOAD PORT(S): ONE OR TWO SAFE BERTH(S) EACH, ONE OR TWO SAFE U.S. PORTS.
OFFERS SHOULD SPECIFY U.S. COASTAL RANGE OR RANGES AND/OR LOAD PORT(S)
WHICH ARE APPLICABLE TO THEIR OFFER. FOR OFFERS BASIS U.S. GREAT LAKES
UTILIZING FEEDER VESSELS, OFFER IS TO INCLUDE NAME AND DESCRIPTION OF
FEEDER VESSELS. (SEE PROFORMA C/P CLAUSE 41 FOR LOAD RANGES CONSIDERED AS
A SINGLE LOAD PORT.)
- DISCHARGE PORT(S): 1/2 SAFE BERTH(S) EACH HODEIDAH AND/OR ADEN (MA'ALLAH)
AND/OR SALEEF (SALIF), YEMEN.
- CHARTERER SHALL ADVISE OWNER OF DISCHARGE PORT(S) TO BE UTILIZED AT THE
TIME WHEN VESSEL PASSES SINGAPORE IF TRANS-PACIFIC ROUTING AND WHEN VESSEL
PASSES GIBRALTAR IF TRANS-ATLANTIC ROUTING.
- LOADING TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS WITH
CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW BASED ON
VESSEL'S CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2,204.6 POUNDS
PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS
EXCEPTED, EVEN IF USED. SATURDAYS PER BFC SATURDAY CLAUSE.
BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9,999.99 MT 4,000 MT PER DAY
10,000 - 19,999.99 MT 5,000 MT PER DAY
20,000 - 29,999.99 MT 6,000 MT PER DAY
30,000 - 39,999.99 MT 7,500 MT PER DAY
40,000 - 49,999.99 MT 10,000 MT PER DAY
50,000 MT AND ABOVE 12,000 MT PER DAY
TANKERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9,999.99 MT 4,000 MT PER DAY
10,000 - 19,999.99 MT 5,000 MT PER DAY
20,000 - 29,999.99 MT 6,000 MT PER DAY
30,000 MT AND ABOVE 7,500 MT PER DAY
TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
LASH BARGES: THE LOAD GUARANTEE SHALL NOT APPLY.
- DISCHARGING TERMS: THE CARGO IS TO BE DISCHARGED, FREE OF RISK AND
EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 1,500 TONS OF 2,204.6 POUNDS
FOR BULK CARRIERS AND TANKERS, AND AT THE AVERAGE RATE OF 1,000 TONS OF
2,204.6 POUNDS FOR TWEENDECKERS, PER WEATHER WORKING DAYS OF 24 CONSECUTIVE
HOURS THURSDAYS, FRIDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED, ON THE BASIS
OF THE BILL OF LADING QUANTITY. LASH/SEABEE BARGES: THE DISCHARGE
GUARANTEE SHALL NOT APPLY. CHARTERER/RECEIVERS TO APPOINT AND PAY
STEVEDORES AT PORTS OF DISCHARGE.
- VESSEL RESTRICTIONS AT DISCHARGE PORTS:
ADEN (MA'ALLAH), YEMEN: MAXIMUM S.W. ARRIVAL DRAFT: 11 M; MAXIMUM LOA:
187.5 M; HODEIDAH, YEMEN: MAXIMUM S.W. ARRIVAL DRAFT: 32 FEET; MAXIMUM LOA:
200 M; SALEEF (SALIF), YEMEN: MAXIMUM S.W. ARRIVAL DRAFT: 12.5 M; MAXIMUM
LOA: 260 M.
OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORTS MEETING
PORTS' DRAFT/LOA RESTRICTIONS ON VESSELS AS PER ABOVE. SEE PROFORMA C/P
CLAUSE 18 FOR FULL DETAILS.
- VESSEL TYPE RESTRICTIONS: TOWED BARGES ARE EXCLUDED; PUSH MODE INTEGRATED
TUG BARGE UNITS WILL BE CONSIDERED.
- VESSEL GEAR REQUIREMENTS: SEE PROFORMA C/P CLAUSE 49 FOR FULL DETAILS.
HOWEVER, RECEIVERS SHALL HAVE THE RIGHT TO PROVIDE ADDITIONAL DISCHARGE
GEAR AT THEIR OPTION AND AT THEIR EXPENSE.
- NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY
U.S. FLAG OR FOREIGN FLAG SHIPMENTS.
- DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS. OWNERS ARE
TO SPECIFY DEMURRAGE/DESPATCH RATES IN THEIR OFFER. DESPATCH RATES MUST BE
ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.
- LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY
SUPPLIER(S) AT LOAD PORT(S) AND BETWEEN RECEIVERS AND VESSEL OWNER AT
DISCHARGE PORT(S). SEE PROFORMA C/P CLAUSE 9 FOR FULL DETAILS.
- 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 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 FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR
TWEENDECKERS AND BULK CARRIERS (INCLUDING PUSH-MODE ITB), THE RECIRCULATION
METHOD OF FUMIGATION WILL BE USED. FOR TANKERS, THE 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.
AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT INSPECTORS,
IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED AND PROVIDED CLEAN BILL(S)
OF LADING WERE ISSUED, OWNERS WILL ARRANGE FOR THE CARGO TO BE FUMIGATED
WITHIN 24 HOURS OF DISCOVERY OF SUCH INFESTATION. FUMIGATION COSTS, IF
ANY, ARE FOR OWNER'S (VESSEL'S) ACCOUNT, TIME COUNTING.
SUCCESSFUL BIDDER IS TO PROVIDE THE NAME OF THE FUMICATION COMPANY
WHICH WOULD BE UTILIZED AT DISCHARGE PORT IN SUCH A CASE PRIOR TO LIFTING
SUBJECTS.
- FOREIGN FLAG VESSELS SHOULD 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. ANY EXTRA INSURANCE ON ACCOUNT
OF VESSEL'S AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION, CLASSIFICATION WILL
BE FOR OWNER'S ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES.
- ADDITIONAL NCB CERTIFICATION (SEALING OF HATCH COVERS / OPENINGS TO CARGO
SPACES) REQUIRED FOR VESSELS 15 YEARS AND OLDER, AND PUSH-MODE ITB UNITS.
SEE PROFORMA C/P CLAUSE 24 FOR FULL DETAILS.
- ONE WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES FOR U.S.
FLAG NON-LINER VESSELS WHOSE DATE OF ORIGINAL CONSTRUCTION EXCEEDS 15 YEARS
FROM DATE AT FIXTURE.
- U.S. FLAG APPROVED RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE
MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT APPROVED
VESSEL IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S. GOVERNMENT
(INCLUDING TUG AND/OR BARGE).
FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE 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.
- U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT
PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S COSTS PRIOR TO
SUBMISSION OF OFFER.
- THE GOVERNMENT OF YEMEN RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.
- OFFERS TO BE RECEIVED BY 1100 HRS WASH., D.C. TIME AUGUST 2, 2004
AT THE OFFICE OF INTERNATIONAL SERVICES CORP., 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.
OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT PLACE AND TIME. ONLY
OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO
NEGOTIATION IS PERMITTED. U.S. FLAG OFFERS "SUBJECT OPEN" WILL ONLY BE
CONSIDERED WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1100 HRS
WASH., D.C. TIME AUGUST 3, 2004. NO OFFERS OF NON-U.S. FLAG VESSELS WITH
"SUBJECT OPEN" RESTRICTION WILL BE CONSIDERED.
- OFFERS TO REMAIN VALID UNTIL 1700 HRS WASH., D.C. TIME AUGUST 4, 2004.
- O'WISE: GOVERNMENT OF YEMEN'S BULK GRAIN CHARTER PARTY PROFORMA (VESSEL
LOAD/FREE DISCHARGE) APPLICABLE TO FOOD FOR PROGRESS (JULY 2003).
- OFFERORS ARE ENCOURAGED TO PROVIDE THE FOLLOWING INFORMATION: VESSEL
NAME / TYPE / FLAG / YEAR BLT / LOA / BEAM / DWT / DRAFT / GEAR / ETA AT
LOAD AND DISCHARGE PORT / FULL STYLE OF OWNER.
- FREIGHT RATES TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE
LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL FREIGHT PER METRIC
TON ON ENTIRE CARGO FOR EACH ADDITIONAL LOAD OR DISCHARGE PORT IF USED.
- IF OWNERS INTEND TO LIGHTEN, THE OFFER SHOULD 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,
THE LIGHTENING COST WILL BE DEDUCTED FROM THE OCEAN FREIGHT.
- COPIES OF THE GOVERNMENT OF YEMEN'S CHARTER PARTY PROFORMA ARE
AVAILABLE UPON REQUEST TO INTERNATIONAL SERVICES CORP.
- COMMISSION: 2.5 PCT ON FREIGHT / DEADFREIGHT TO CHARTERER'S AGENT IF
OFFERED DIRECT; IF BROKER INVOLVED, 2/3 OF 2.5 PCT TO CHARTERER'S AGENT AND
1/3 OF 2.5 PCT TO BROKER.
- ALL FIXTURES ARE SUBJECT APPROVAL BY USDA.
- FOR FURTHER INFORMATION CALL INTERNATIONAL SERVICES CORP., WASH., DC
TELEPHONE 202-785-34000; FAX NO. 202-296-1160; EMAIL: mail@isc-pci.com;
WEB PAGE: www.isc-pci.com
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