Mongolia Award04-035B
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04-035B
Award September 1, 2004
Request post the following award approved by USDA on 30 August 2004:
IFB Nr: MO-MC-FFP-04-035B
Shipper/charterer: Mercy Corps
Owner: Liberty Maritime Corp. as agents for Liberty Shipping Group LLC
(Series 5 - Sea series)
Vessel:. MV LIBERTY SEA; US Flag; Built 1984; Bulk Carrier
Vessel itinerary: ETA Loading at NORPAC basis Columbia River o/a
September 22nd, sails to Vladivostok transit about 15 days from last US
Load port.
Commodity: As part cargo of 25,000 MT US No. 2 O/B Hard Red Winter Wheat
in Bulk, in combination with completion cargo of 24,000MT Bulk wheat for
to Bangladesh for CARE.
Ref: 04MC5800-21
Laydays: October 4 to 14, 2004
Loading: 1 / 2 SB each, 1 / 2 SP US Port NORPAC
Discharging: via Vladivostok, Russia under thru Bill of Lading via rail
cars to point of initial discharge in Ulan Bator, Mongolia
Destination: Ulan Bator, Mongolia
Booked rate: Ocean freight US$ 77.01 PMT; Plus Bulk Discharge US$9.50
PMT;
Plus Inland Freight US$62.50 PMT - For Total Charges US$149.01 PMT
Demurrage/despatch: $15,000.00 / HD at load port only.
One way rate is $75.14/MT.
Thanks and best regards,
Bert Chavez
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Norberto M Chavez
Panalpina, Inc.
22750 Glenn Drive
Sterling, VA 20164
Tel: (703) 471-6480 x 317 Fax: (703) 733-4353
Email: norberto.chavez@panalpina.com Internet: www.panalpina.com
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Tender August 23, 2004
FREIGHT TENDER: MERCY CORPS MONGOLIA FFP FY 2004
IFB NR: MO-MC-FFP-04-035B
REF NR: 04MC-FGR-438-4/058-00
DATE: August 17, 2004
PANALPINA, INC., WASHINGTON, D.C., ON BEHALF OF MERCY CORPS, REQUEST
OFFERS OF U.S. AND NON-U.S. FLAG VESSELS GEARED OR GEARLESS VESSELS
(TOWED TUG BARGE ARRANGEMENTS ARE NOT ACCEPTABLE) FOR TRANSPORTATION OF
APPROXIMATELY 25,000 MT HARD RED WINTER (HRW) WHEAT IN BULK, FULL OR
PART CARGO, FINANCED UNDER THE FOOD FOR PROGRESS (FFP) ACT.
1. COMMODITY/QUANTITY: APPROX. 25,000 MT HARD RED WINTER (HRW) 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. CONTRACTED QUANTITY MUST BE ON A
MIN/MAX BASIS.
IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES
MUST BE DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO
CHARTERER'S CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY
CHARTERERS / USDA IF CONTRACTED AFTER FIXTURE OF CHARTERER'S CARGO.
MERCY CORPS (CHARTERERS) PROGRAM CONSIDERATIONS REQUIRE THAT FOR ANY
PART/COMPLETION CARGO, VESSEL'S ITINERARY AND GEOGRAPHIC PROXIMITY OF
COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY CHARTERERS/USDA
IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO IMPEDE TIMELY
DELIVERY OF CARGO. NATURAL SEPARATIONS ARE PREFERRED. IF ARTIFICIAL
SEPARATIONS OF PART CARGO, SAME TO BE APPROVED BY NCB PRIOR TO LOADING.
2. LAYDAYS: OCTOBER 4 TO 14, 2004
OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT HAVE
THE RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL. VESSELS
OFFERED WITH LAYDAYS / CANCELLING BEYOND THOSE SPECIFIED ABOVE WILL NOT
BE CONSIDERED.
3. NON U.S. FLAG VESSELS MUST NOT BE OLDER THAN 25 YEARS AND MUST BE
CLASSED HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL
CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON
ACCOUNT OF VESSEL'S AGE, CLASS, TYPE, FLAG, OWNERSHIP OR CONFIGURATION
WILL BE FOR OWNERS ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES FOR
U. S. FLAG VESSELS AND LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.
VESSEL TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF VESSELS' READINESS TO
LOAD. PRE-ADVICE MUST BE RECEIVED BY PANALPINA, INC. BY LATEST 11:00
HRS. WASHINGTON, D.C., TIME ON A REGULAR BUSINESS DAY TO BE CONSIDERED
RECEIVED ON THE SAME DAY. PRE-ADVICE RECEIVED AFTER 11 A.M. WASHINGTON
D.C. TIME ON A REGULAR BUSINESS DAY OR ON A WEEKEND/HOLIDAY WILL BE
CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY.
4.LOADING: 1/2 SB EACH, 1/2 SAFE PORT U. S. PORTS.
THE FOLLOWING AREAS ARE TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:
MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE COLUMBIA RIVER
DISTRICT, INCLUDING PORTLAND SAN FRANCISCO BAY AREA, INCLUDING
STOCKTON/SACRAMENTO.
5. VESSEL 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. 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 THE CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH THE
OFFER.
AT THE DISCHARGE PORT AND/OR FINAL DESINTATION POINT 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, FUMIGATION
COSTS, IF ANY, ARE FOR OWNER'S (VESSEL'S) ACCOUNT.
6. DISCHARGING: VIA VLADIVOSTOCK, RUSSIA (OTHER PROPOSED PORT WILL BE
CONSIDERED) UNDER THRU BILL OF LADING VIA RAIL CARS TO POINT OF INITIAL
DISCHARGE IN ULAN BATOR, MONGOLIA AT OWNER'S TIME, RISK AND EXPENSE.
RECEIVER TO DISCHARGE RAIL CARS AT FINAL DESTINATION POINT(S) AT
RECEIVERS' TIME, RISK AND EXPENSE.
7. FREIGHT RATE: TO BE QUOTED PER METRIC TON BASIS ONE LOADPORT TO ONE
DISCHARGE PORT AS FOLLOWS:
A) OCEAN TRANSPORTATION
B) BULK DISCHARGE
C) LIGHTENING COST, IF APPLICABLE
D) INLAND TRANSPORT COST FROM DISCHARGE PORT TO INITIAL POINT(S) OF
DISCHARGE IN ULAN BATOR, MONGOLIA AS DECLARED BY RECEIVERS.
ANY PREMIUMS TO BE STATED SEPARATELY.
SUCCESSFUL OFFER TO PROVIDE NAME OF INLAND TRANSPORT CONTRACTOR PRIOR TO
USDA'S FINAL APPROVAL OF FIXTURE. ONLY NAMED INLAND TRANSPORT CONTRACTOR
WILL BE ACCEPTABLE.
IT IS REQUESTED THAT OFFERS INCLUDE OFFERED VESSEL'S CURRENT POSITION,
ITINERARY, TRANSIT TIME TO DISCHARGE PORT AND INLAND TRANSIT TIME TO
POINT(S) OF INITIAL DISCHARGE IN MONGOLIA.
IF OWNER INTENDS TO LIGHTEN, THE OFFER SHOULD SPECIFY THE COST OF
LIGHTENING, WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING
IS NOT PERFORMED AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT
BERTH, USDA WILL DEDUCT COST OF LIGHTENING FROM OCEAN FREIGHT.
8. TANKER DISCHARGE CLAUSE: TANKERS WILL ONLY BE CONSIDERED IF OFFER IS
SUBMITTED ACCOMPANIED WITH A WRITTEN STATEMENT FROM THE (DISCHARGE) PORT
AUTHORITY STATING THAT THE OFFERED VESSEL IS ACCEPTABLE FOR BERTHING AND
FOR DISCHARGING WHEAT INTO RAIL CARS AT THE BERTH WITHIN THE PORT.
OTHERWISE, US FLAG TANKERS WILL BE CONSIDERED ONLY BASIS FULL LIGHTENING
AT OWNER'S TIME, RISK AND EXPENSE. ANY DAUGHTER VESSEL MUST BE A BULK
CARRIER, CERTIFIED FIT FOR RECEIPT AND CARRIAGE OF THE BULK WHEAT BY A
FIRST CLASS INDEPENDENT SURVEYOR, AND MEETING PORT'S DRAFT/LOA
RESTRICTIONS.
9. FREIGHT PAYMENT: 65% OF TOTAL FREIGHT WILL BE MADE IN ACCORDANCE WITH
C/P TERMS UPON VESSEL'S ARIVAL AT DISCHARGE PORT. BALANCE 35% OF TOTAL
FREIGHT WILL BE MADE IN ACCORDANCE WITH THE C/P TERMS FOLLOWING
CHARTERERS' RECEIPT OF WRITTEN CONFIRMATION FROM RECEIVERS OR ITS AGENTS
THAT OWNERS HAVE COMPLETED DELIVERY OF CARGO AT FINAL DESTINATION AND
CHARTERERS' CONFIRMATION THAT OWNERS HAVE FULFILLED THEIR OBLIGATIONS
UNDER THE CHARTER PARTY.
10. TERMS AND CONDITIONS: LOAD TERMS: CARGO TO BE LOADED ACCORDING TO
BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED
BELOW ON VESSEL'S CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF
2204.6 POUNDS PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS
AND HOLIDAYS EXCEPTED, EVEN IF USED. SATURDAYS AS PER BFC SATURDAY
CLAUSE. ANY STOWING AND/OR TRIMMING TO BE FOR OWNER'S ACCOUNT.
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -------------------------
20000 - 29,999.99 6000 MT PER DAY
TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY
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 TO ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN
ASSOCIATION, INC. F.O.B. CONTRACT NO. 2 (REVISED AS OF AUGUST 1, 1988)
CLAUSES NO. 1-10 INCLUSIVE, (HEREINAFTER N.A.E.G.A.), REGARDLESS OF TYPE
OF VESSEL. FURTHER, THE FOLLOWING MODIFICATIONS TO N.A.E.G.A. WILL
APPLY: ANYWHERE THE WORD "BUYER" APPEARS, THE WORDS "VESSEL OWNER"
SHOULD BE SUBSTITUTED IN ITS PLACE. UNDER NO CIRCUMSTANCES SHALL CCC OR
CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE
CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN
THE VESSEL OWNERS AND THE COMMODITY SUPPLIER(S). ANY/ALL DISPUTES
BETWEEN VESSEL OWNERS AND THE 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 MARINE
ARBITRATORS, INC.
11. DISCHARGE TERMS: FULL BERTH TERMS WITH NO DEMURRAGE, NO DESPATCH, NO
DETENTION. OWNERS TO DELIVER CARGO VIA RAIL IN BULK UNDER THROUGH BILL
OF LADING TO POINT(S) OF INITIAL DISCHARGE IN ULAN BATOR MONGOLIA AS
DECLARED BY RECEIVERS AT OWNER'S TIME, RISK AND EXPENSE.
VESSEL OWNERS ARE RESPONSIBLE FOR CUSTOMS CLEARANCES AND OTHER
FORMALITIES REQUIRED AT THE DISCHARGE PORT UP TO POINT OF ENTRY TO
MONGOLIA.
OWNERS TO SPECIFY DEM/DES RATES AT LOADPORT IN OFFER. DESPATCH RATES
MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED.
VESSEL TO PROVIDE GEAR AS NECESSARY FOR DISCHARGE.
12. AT LOAD PORT VESSEL'S AGENT WILL BE APPOINTED AND PAID FOR BY
OWNERS. OWNER'S TO APPOINT AND PAY FOR THE CHARTERERS' NOMINATED AGENT
AT DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE
PORT.
13. VESSELS OVER 15 YEARS OF AGE AND ITB'S TO PROVIDE ADDITIONAL
CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY OTHER
OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY
OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS. OFFERS OF THE U.S.
FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT
PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S COSTS PRIOR TO
SUBMISSION OF THE OFFER. U.S. FLAG VESSELS OFFERED SUBJECT TO MARAD
APPROVAL WILL NOT BE CONSIDERED. IF MARAD APPROVAL OF VESSEL IS
REQUIRED, SAME MUST BE OBTAINED PRIOR TO SUBMISSION OF OFFER. U.S. FLAG
APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE
U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT
THE ORIGINAL APPROVED VESSEL (INCLUDING ITB'S) IS SUBSTITUTED BY A LOWER
COST VESSEL TO THE U.S. GOVERNMENT. FOR 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. NON VESSEL OPERATING COMMON CARRIERS
(NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. OR FOREIGN FLAG SHIPMENTS.
U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATE
FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL IS EITHER SCRAPPED
OR VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER OWNER AFTER DISCHARGE AT
DESTINATION, BUT PRIOR TO ITS RETURN TO THE UNITED STATES. -OFFERORS ARE
ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS: NAME OF
OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED DRAFT,
GEAR, SPEED AND NO.OF HOLDS/HATCHES.
14. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998,
PUBLIC LAW 105-383 (46 U.S.C. SECTION 3202 (E)) ESTABLISHES, EFFECTIVE
JANUARY 1, 1999, WITH RESPECT TO NON-U.S. 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 THIS MAY
BE PREFERENCE CARGO, OWNERS HEREBY WARRANT THAT VESSEL(S)IS NOT
DISQUALIFIED TO CARRY THIS CARGO.
15. 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.
16. FOR NON-U.S. FLAG VESSELS, ONLY FIRM OFFERS WILL BE CONSIDERED. FOR
U.S. FLAG OFFERS, OFFERS THAT ARE "SUBJECT OPEN" WILL ONLY BE CONSIDERED
WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1100 HRS
WASHINGTON DC TIME August 24, 2004. COMMISSION - 2.5 PCT ON FREIGHT /
DEADFREIGHT TO PANALPINA, INC., IF OFFERED DIRECT. IF BROKER IS
INVOLVED, 2/3 OF 2.5% TO PANALPINA, INC., AND 1/3 OF 2.5% TO BROKER. THE
CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS. ONLY OFFERS IN
WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE CONSIDERED. OFFERS
MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME. LATE OFFERS WILL NOT BE
CONSIDERED. OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX TO: PANALPINA,
INC. 22750 GLENN DRIVE STERLING, VA 20164
TELEFAX 703 733 4353
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE RULES AND
REGULATIONS OF THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT
TO USDA APPROVAL. OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS.,
WASHINGTON, DC TIME ON MONDAY, AUGUST 23, 2004 FOR REPLY BY 1700 HRS
AUGUST 26, 2004. TELEFAX OFFERS WHICH START PRINTING BY 1100 HRS AUGUST
23, 2004 AND CONTINUE TO PRINT PAST THAT TIME WILL BE CONSIDERED AS
BEING RECEIVED ON-TIME. -ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT
THE OFFICES OF PANALPINA, INC. AT THAT TIME. ONLY OFFERS THAT ARE
RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO
NEGOTIATION WILL BE PERMITTED. -OTHERWISE TERMS AND CONDITIONS IN
ACCORDANCE WITH MERCY CORPS PROFORMA CHARTER PARTY FOR BULK GRAIN
(COPIES OF WHICH ARE AVAILABLE ON REQUEST). FOR FURTHER INFORMATION,
CALL PANALPINA, INC. AT 703 674 2317, AS AGENTS FOR MERCY CORPS.
ISSUED AUGUST 17, 2004
END
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