Zambia Award04-054B
[FoodAid/FFP/images/ifb-header.html]
Award
Sept. 29, 2004
Booking Details for FINCA International as
follows:
Charterer: FINCA International
IFB No.: FINCA-FFP-04-054B
Owner: Teco Ocean Shipping
Vessel: U.S. Flag Bulkcarrier "SHELIA MCDEVITT"
Cargo: 6,000 MT Min/Max Bulk Wheat
Lding: 1/2 SB 1/2 SP U.S. Norpac
Discharging: On thru bill of lading to Lusaka, Zambia via Dar Es Salaam or Beira
at owner's option.
Laydays: December 20-30, 2004
Total Frt Rate: $325.97 per MT
All other terms and conditions pursuant tender tenders.
04-054B Amendment September 20, 2004
Freight Tender Amendment: FINCA FFP Bulk Wheat to Zambia
UNIVERSAL SHIPPING CO., INC. FOR AND ON BEHALF OF FINCA INTERNATIONAL, AMENDS FREIGHT RE-TENDER ISSUED SEPTEMBER 17, 2004 FOR 6,000 MT BULK WHEAT TO ZAMBIA UNDER FOOD FOR PROGRESS AS FOLLOWS:
1. LAYDAYS TO NOW READ: DECEMBER 20-30, 2004
2. CLAUSE 29 TO NOW READ:
OFFERS TO BE RECEIVED BY:
UNIVERSAL SHIPPING COMPANY, INC.
2300 CLARENDON BLVD., SUITE 1004
ARLINGTON, VA 22201
TELEPHONE: 202-298-6100 OR 703-522-5780
FAX: 703-522-9417
U.S. AND NON U.S. FLAG OFFERS WILL BE OPENED IN PUBLIC AT
UNIVERSAL SHIPPING CO. OFFICE AT 1100 HOURS WASHINGTON, D.C. TIME, TUESDAY, SEPTEMBER 21, 2004, AND REMAIN VALID UNTIL CLOSE OF BUSINESS WASHINGTON, D.C. TIME, WEDNESDAY, SEPTEMBER 22, 2004.
OFFERS WILL NOT BE ACCEPTED BY TELEPHONE. ONLY OFFERS WHICH
ARE RESPONSIVE TO THIS TENDER WILL BE CONSIDERED, AND NO
NEGOTIATION IS PERMITTED. CHARTERERS RESERVE THE RIGHT TO
ACCEPT OR REJECT ANY OR ALL OFFERS.
IF A FAX OFFER IS CONNECTED TO OUR FAX MACHINE BEFORE 1100
HRS WASHINGTON,D.C. 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.
OFFERS SUBJECT OPEN WILL BE CONSIDERED IF LIFTED LATEST BY 1300 HOURS WASHINGTON, D.C. ON TUESDAY, SEPTEMBER 21, 2004
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
04-054B Re-tender September 17, 2004
Freight Re-Tender: FINCA / Food For Progress / Bulk
Wheat
UNIVERSAL SHIPPING COMPANY, INC. AS AGENT FOR FINCA INTERNATIONAL, REQUESTS
OFFERS OF U.S. AND NON U.S. FLAG VESSELS TO LIFT THE FOLLOWING CARGO UNDER THE
FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
1. IFB No. FINCA-FFP-04-054B
2. COMMODITY: WHEAT IN BULK
3. QUANTITY/LAYDAYS:
-APPROXIMATELY 6,000 MT 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 QUANTITIES STATED IN
THIS TENDER. CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.
-LAYDAYS: DECEMBER 15-30, 2004
OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A CANCELING DATE NO
LATER THAN THE LAST CONTRACT LAYDAY AS ABOVE, AND THE VESSELS WHICH ARE OFFERED
WITH A CANCELING DATE BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.
-IF CONTRACTED ON PART CARGO BASIS, OWNER IS TO PROVIDE
ITINERARY OF VESSEL. ANY ADDITIONAL COMPLETION CARGO MUST BE STOWED IN SEPARTE
HOLDS, MUST BE COMPATIBLE AND NON-INJURIOUS TO FINCAS FOOD FOR PROGRESS WHEAT
CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED
AFTER FIXTURE OF FINCAS CARGO. VESSELS ITINERARY AND GEOGRAPHIC PROXIMITY
OF COMPLEITON CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY FINCA/USDA IN
APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF FINCAS
CARGO TO ZAMBIA.
-OWNERS TO PROVIDE 14 (FOURTEEN) DAYS PREADVICE OF VESSEL
READINESS TO LOAD. THE 14 DAY PREADVICE MUST BE RECEIVED BY CHARTERERS AGENT
NO LATER THAN 11:00 AM (WASHINGTON DC TIME) ON THE BUSINESS DAY IT IS GIVEN.
PREADVICE RECEIVED AFTER THAT TIME WILL COUNT AS RECEIVED ON THE NEXT BUSINESS
DAY.
4. LOADING: 1/2 SAFE BERTH(S) EACH 1/2 SAFE U.S. PORT(S)
(MISSISSIPPI RIVER INCLUDING BUT NOT NORTH OF PORT ALLEN TO BE CONSIDERED AS ONE
PORT / COLUMBIA RIVER DISTRICT INCLUDING PORTLAND TO BE CONSIDERED AS ONE PORT /
SAN FRANCISCO BAY AREA INCLUDING SACRAMENTO AND STOCKTON TO BE CONSIDERED AS ONE
PORT).
5. FINAL DESTINATION: UNDER THROUGH BILL OF LADING TO LUSAKA, ZAMBIA.
6. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORTS WITH AN
ACCEPTABLE SAFE ARRIVAL DRAFT. IF VESSELS DRAFT EXCEEDS SUCH DRAFT, OWNERS TO
BE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING SAFE DRAFT. IN CASE
PARTIAL LIGHTENING, THEN LIGHTERAGE TO BE FOR OWNERS TIME, RISK AND EXPENSE.
IF OWNERS INTEND TO LIGHTEN, THE OFFERORS SHOULD SPECIFY THE COST OF LIGHTENING
WHETHER PARTIAL OR FULL LIGHTENING. IF LIGHTENING IS NOT PERFORMED AND VESSEL
DISCHARGES DIRECTLY AT BERTH, THE LIGHTENING COST WILL BE DEDUCTED FROM OCEAN
FREIGHT.
7. TERMS:
(A) 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
TANKERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
========================= =================
0 - 9,999.99 MT 4,000 MT PER DAY
MULTI-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY. LASH/SEABEE BARGES:
THE LOAD GUARANTEE SHALL NOT APPLY.
(B) DISCHARGING TERMS: FULL BERTH TERMS ALL INCUSIVE, WITH NO DEMURRAGE/NO
DESPATCH/NO DETENTION.
(C ) OWNER IS TO DELIVER THE CARGO UNDER THROUGH BILL OF LADING TO THE RECEIVERS
WAREHOUSE AND/OR SILOS IN LUSAKA, ZAMBIA (FREE ON RAIL/TRUCK) AT OWNERS TIME,
RISK AND EXPENSE. CARRIERS TO ARRANGE ALL CUSTOMS CLEARANCE AND FORMALITIES AND
PASSAGE AT THE DISCHARGE PORT AND FORMALITIES AT ALL POINTS OF ENTRY AT CARRIERS
EXPENSE. ALL NECESSARY SECURITY MEASURES SHOULD BE TAKEN TO INSURE SAFE ARRIVAL
OF FINCAS CARGOES AT THE RESPECTIVE FINAL DESTINATION. OWNERS TO PROVIDE THE
NAME OF THE INLAND CONTRACTOR PRIOR TO CHARTERERS/USDA FINAL APPROVAL OF THE
FREIGHT FIXTURE.
(D) DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD PORT ONLY. OWNERS ARE TO SPECIFY
DEMURRAGE/DESPATCH RATES IN THEIR OFFER. DESPATCH RATES MUST BE ONE-HALF OF
DEMURRAGE RATES QUOTED.
(E) LAYTIME AT LOADPORT: 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 NOS. 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 CHARTERERS, CCC
OR USDA 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 MARITIME ARBITRATORS, INC.
8. VESSEL TYPE RESTRICTIONS: TOWED BARGES ARE EXCLUDED.
INTEGRATED TUG/BARGE (ITB) UNITS WILL BE CONSIDERED.
9. VESSELS AND ITBS MUST HAVE ALL OPENINGS TO CARGO SPACES
AND HATCH COVERS SUITABLY SEALED WITH TAPE OR BY OTHER MEANS TO ASSURE WATER
TIGHT INTEGRITY. THE SEALING SHALL BE DONE TO THE SATISFACTION OF NCB SURVEYOR
AS ATTESTED BY CERTIFICATION OF SPECIAL SURVEY. ALL OF THE ABOVE TO BE PERFORMED
AT VESSEL'S TIME, RISK, AND EXPENSE. SPECIAL
SURVEY CERTIFICATE WILL BE REQUIRED AS A CONDITION OF FREIGHT PAYMENT. SEALING
OF HATCHES/OPENINGS AND SPECIAL NCB CERTIFICATE IN NO WAY DIMINISHES OWNERS
RESPONSIBILITY AND LIABILITY TOWARD THE CARGO.
10. 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. FOR TANKERS, SURFACE
APPLICATION 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.
11. AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT/
RECEIVERS INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED, AND
PROVIDED CLEAN BILLS OF LADING WERE ISSUED, FUMIGATION COSTS, IF ANY, ARE FOR
OWNERS (VESSELS) ACCOUNT, AND TIME USED IS TO COUNT FOR U.S. FLAG VESSELS; AND
NOT TO COUNT FOR NON U.S. FLAG VESSELS.
12. OFFER TO PROVIDE BREAKDOWN OF FREIGHT RATE AS FOLLOWS:
A) OCEAN TRANSPORTATION
B) BULK DISCHARGE COST
C) INLAND TRANSPORTATION
D) LIGHTENING COST, IF APPLICABLE
13. FREIGHT RATES TO BE QUOTED PER M/T VESSEL LOAD WITH
DEMURRAGE/DESPATCH/BERTH TERMS DISCHARGE WITH NO DEMURRAGE/NO DESPATCH/NO
DETENTION BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL
FREIGHT FOR EACH ADDITIONAL LOAD PORT, IF USED.
14. NON U.S. FLAG VESSELS MUST BE REGISTERED HIGHEST IN LLOYDS OR
EQUIVALENT AND SHOULD NOT BE MORE THAN 20 YEARS OLD.
15. NON-VESSELS OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY
U.S. OR FOREIGN FLAG SHIPMENTS.
16. ONLY OFFERS OF NAMED VESSELS WITH FULL PARTICULARS PROVIDED
WILL BE CONSIDERED.
17. ANY EXTRA INSURANCE ON CARGO AND FREIGHT DUE TO VESSELS AGE,
CLASS, TYPE, FLAG, CONFIGURATION OR OWNERSHIP OF THE VESSEL IS TO BE FOR OWNERS
ACCOUNT, BUT NOT TO EXCEED NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND
LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.
18. U.S. FLAG APPROVED FREIGHT RATE(S) WILL BE REDUCED TO A LEVEL
NOT HIGHER THAN THE MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE
EVENT THAT ORIGINALLY APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST VESSEL.
ONE WAY RATE MUST BE QUOTED IN ADDITION TO ROUND TRIP RATE FOR U.S. NON LINER
VESSELS WHOSE DATE OF ORIGINAL "REPEAT" ORIGINAL (NOT REBUILT
DATE)CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.
FREIGHT RATE FOR U.S. FLAG VESSELS OFFERING BASIS FULL CARGO
BUT LOADING LESS THAN A FULL CARGO, THE LESS THAN FULL CARGO FREIGHT RATE WILL
BE SUBJECT TO A REDUCTION TO MEET ANY REVISED MARAD FREIGHT RATE GUIDELINE DUE
TO VESSEL LOADING OTHER ADDITIONAL CARGO.
OFFERS OF U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS
NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL 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 BEFORE SUBMISSION OF
OFFERS.
U.S. FLAG VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATIVE 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.
19. OFFERS RECEIVED SHALL BE CONSIDERED TO WARRANT THAT THE
OFFERED VESSEL IS FREE FROM ANY LIEN AND ENCUMBRANCE FULLY INSURED AND ENTERED
IN A P AND I CLUB.
20. OFFERS OF NAMED VESSELS ONLY, NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT CHARTERER'S/USDA'S APPROVAL.
21. ISM AND ISPS CODE COMPLIANCE: OWNER 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 CHARTER PARTY. UPON
REQUEST, OWNERS TO PROVIDE CHARTERERS 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. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES
FROM MATTERS ARISING AS A RESULT OF THE OWNER OR THE VESSEL BEING OUT OF
COMPLIANCE WITH THE ISM AND ISPS CODE.
22. ISPS CLAUSE:
A. 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).
EXCEPT AS OTHERWISE PROVIDED IN THE 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 THE 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.
23. 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).
24. OFFERORS ARE ENCOURAGED TO INCLUDE ALL INFORMATION AS LISTED
BELOW AND IN THE FORMAT AS FOLLOWS:
A. VESSEL NAME, FLAG, YEAR BUILT, VESSEL TYPE, DWT, HOLDS,
HATCHES(SIZES), GEAR, LOA, BEAM, SPEED, CLASS, OWNERS
NAME, SALT WATER ARRIVAL DRAFT AT DISPORT
B. CARGO
C. LOAD/DISCHARGE PORTS
D. LOAD RATES
E. LAYDAYS
F. ETA AT LOAD PORT
G. FREIGHT RATE PER MT AND ADDITIONAL FREIGHT FOR
ADDITIONAL PORT(S)
H. DEMURRAGE-DESPATCH AT LOADPORT
I. TRANSIT TIME AND PORTS OF CALL IN TRANSIT, IF ANY
J. COMMISSIONS
K. TERMS
L. REMARKS
M. NAME AND TELEPHONE NUMBER OF CONTACT PERSON.
25. ALL OFFERS AND SUBSEQUENT AWARDS OF CONTRACTS WILL BE SUBJECT
TO THE PROVISIONS OF THE FOOD FOR PROGRESS ACT OF 1985 AND ALL APPLICABLE U.S.
DEPARTMENT OF AGRICULTURE REGULATIONS PURSUANT THERETO.
26. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS
AND CONDITIONS OF FINCA INTERNATIONAL FOOD FOR PROGRESS BULK CARGOES/ZAMBIA
PROFORMA CHARTER PARTY (SEPTEMBER 2004) WHICH ARE AVAILABLE UPON REQUEST FROM
UNIVERSAL SHIPPING CO.
27. FREIGHT PAYMENT WILL BE EFFECTED AS FOLLOWS:
A. 60 PERCENT OF FREIGHT WILL BE PAYABLE UPON NOTICE SATISFACTORY TO CHARTERERS
OF VESSELS ARRIVAL AT FIRST PORT OF DISCHARGE, WHICH NOTICE WILL BE PART OF
THE DOCUMENTATION REQUIRED TO BE PRESENTED BY CARRIER AS A CONDITION OF PAYMENT.
B. BALANCE 40 PERCENT OF FREIGHT WILL BE PAYABLE UPON CONFIRMATION FROM
CHARTERERS THAT OWNERS HAVE FULFILLED THEIR RESPONSIBILITIES UNDER THIS CHARTER
PARTY.
PLEASE NOTE PROVISION IN THE CHARTER PARTY REGARDING PAYMENT BY ELECTRONIC
TRANSFER.
28. BROKERAGE COMMISSION IS PAYABLE BY OWNERS ON GROSS FREIGHT,
DEADFREIGHT, AND DEMURRAGE TO UNIVERSAL SHIPPING, CO. AS FOLLOWS: 2.5 PERCENT IF
THE FIXTURE IS ARRANGED WITHOUT OWNER'S BROKER AND IF OWNERS' BROKER IS
INVOLVED, 2/3RDS OF 2.5 PERCENT IS PAYABLE TO UNIVERSAL SHIPPING AND
1/3RD OF 2.5 PERCENT IS PAYABLE TO OWNERS' BROKER.
29. OFFERS TO BE RECEIVED BY:
UNIVERSAL SHIPPING COMPANY, INC.
2300 CLARENDON BLVD., SUITE 1004
ARLINGTON, VA 22201
TELEPHONE: 202-298-6100 OR 703-522-5780
FAX: 703-522-9417
U.S. AND NON U.S. FLAG OFFERS WILL BE OPENED IN PUBLIC AT
UNIVERSAL SHIPPING CO. OFFICE AT 1000 HOURS WASHINGTON, D.C. TIME, MONDAY,
SEPTEMBER 20, 2004, AND REMAIN VALID UNTIL CLOSE OF BUSINESS WASHINGTON, D.C.
TIME, WEDNESDAY, SEPTEMBER 22, 2004.
OFFERS WILL NOT BE ACCEPTED BY TELEPHONE. ONLY OFFERS WHICH
ARE RESPONSIVE TO THIS TENDER WILL BE CONSIDERED, AND NO
NEGOTIATION IS PERMITTED. CHARTERERS RESERVE THE RIGHT TO
ACCEPT OR REJECT ANY OR ALL OFFERS.
IF A FAX OFFER IS CONNECTED TO OUR FAX MACHINE BEFORE 1000
HRS WASHINGTON,D.C. TIME, AS PRINTED ON OFFER (BASED ON EASTERN STANDARD/EASTERN
DAYLIGHT SAVING TIME, AS APPROPRIATE) AND CONTINUES TRANSMITTING PAST 1000
HOURS UNTIL COMPLETION, CHARTERERS WILL CONSIDER THE OFFER AS IF IT HAD
COMPLETED TRANSMITTING BEFORE 1000 HOURS, HOWEVER, CHARTERERS WILL NOT CONSIDER
ANY FAX OFFER WHICH CONNECTS TO OUR FAX MACHINE AFTER 1000 HOURS.
OFFERS SUBJECT OPEN WILL BE CONSIDERED IF LIFTED LATEST BY 1100 HOURS
WASHINGTON, D.C. ON TUESDAY, SEPTEMBER 21, 2004.
04-054B
Freight Tender
September 7, 2004
Freight Tender: FINCA / Food For Progress / Bulk
Wheat
UNIVERSAL SHIPPING COMPANY, INC. AS AGENT FOR FINCA INTERNATIONAL, REQUESTS
OFFERS OF U.S. AND NON U.S. FLAG VESSELS TO LIFT THE FOLLOWING CARGO UNDER THE
FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
1. IFB No. FINCA-FFP-04-054B
2. COMMODITY: WHEAT IN BULK
3. QUANTITY/LAYDAYS:
-APPROXIMATELY 6,000 MT 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 QUANTITIES STATED IN
THIS TENDER. CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.
-LAYDAYS: DECEMBER 20-30, 2004
OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A CANCELING DATE NO
LATER THAN THE LAST CONTRACT LAYDAY AS ABOVE, AND THE VESSELS WHICH ARE OFFERED
WITH A CANCELING DATE BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.
-IF CONTRACTED ON PART CARGO BASIS, OWNER IS TO PROVIDE
ITINERARY OF VESSEL. ANY ADDITIONAL COMPLETION CARGO MUST BE STOWED IN SEPARTE
HOLDS, MUST BE COMPATIBLE AND NON-INJURIOUS TO FINCAS FOOD FOR PROGRESS WHEAT
CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED
AFTER FIXTURE OF FINCAS CARGO. VESSELS ITINERARY AND GEOGRAPHIC PROXIMITY
OF COMPLEITON CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY FINCA/USDA IN
APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF FINCAS
CARGO TO ZAMBIA.
-OWNERS TO PROVIDE 14 (FOURTEEN) DAYS PREADVICE OF VESSEL
READINESS TO LOAD. THE 14 DAY PREADVICE MUST BE RECEIVED BY CHARTERERS AGENT
NO LATER THAN 11:00 AM (WASHINGTON DC TIME) ON THE BUSINESS DAY IT IS GIVEN.
PREADVICE RECEIVED AFTER THAT TIME WILL COUNT AS RECEIVED ON THE NEXT BUSINESS
DAY.
4. LOADING: 1/2 SAFE BERTH(S) EACH 1/2 SAFE U.S. PORT(S)
(MISSISSIPPI RIVER INCLUDING BUT NOT NORTH OF PORT ALLEN TO BE CONSIDERED AS ONE
PORT / COLUMBIA RIVER DISTRICT INCLUDING PORTLAND TO BE CONSIDERED AS ONE PORT /
SAN FRANCISCO BAY AREA INCLUDING SACRAMENTO AND STOCKTON TO BE CONSIDERED AS ONE
PORT).
5. FINAL DESTINATION: UNDER THROUGH BILL OF LADING TO LUSAKA, ZAMBIA.
6. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORTS WITH AN
ACCEPTABLE SAFE ARRIVAL DRAFT. IF VESSELS DRAFT EXCEEDS SUCH DRAFT, OWNERS TO
BE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING SAFE DRAFT. IN CASE
PARTIAL LIGHTENING, THEN LIGHTERAGE TO BE FOR OWNERS TIME, RISK AND EXPENSE.
IF OWNERS INTEND TO LIGHTEN, THE OFFERORS SHOULD SPECIFY THE COST OF LIGHTENING
WHETHER PARTIAL OR FULL LIGHTENING. IF LIGHTENING IS NOT PERFORMED AND VESSEL
DISCHARGES DIRECTLY AT BERTH, THE LIGHTENING COST WILL BE DEDUCTED FROM OCEAN
FREIGHT.
7. TERMS:
(A) 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
TANKERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
========================= =================
0 - 9,999.99 MT 4,000 MT PER DAY
MULTI-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY. LASH/SEABEE BARGES:
THE LOAD GUARANTEE SHALL NOT APPLY.
(B) DISCHARGING TERMS: FULL BERTH TERMS ALL INCUSIVE, WITH NO DEMURRAGE/NO
DESPATCH/NO DETENTION.
(C ) OWNER IS TO DELIVER THE CARGO UNDER THROUGH BILL OF LADING TO THE RECEIVERS
WAREHOUSE AND/OR SILOS IN LUSAKA, ZAMBIA (FREE ON RAIL/TRUCK) AT OWNERS TIME,
RISK AND EXPENSE. CARRIERS TO ARRANGE ALL CUSTOMS CLEARANCE AND FORMALITIES AND
PASSAGE AT THE DISCHARGE PORT AND FORMALITIES AT ALL POINTS OF ENTRY AT CARRIERS
EXPENSE. ALL NECESSARY SECURITY MEASURES SHOULD BE TAKEN TO INSURE SAFE ARRIVAL
OF FINCAS CARGOES AT THE RESPECTIVE FINAL DESTINATION. OWNERS TO PROVIDE THE
NAME OF THE INLAND CONTRACTOR PRIOR TO CHARTERERS/USDA FINAL APPROVAL OF THE
FREIGHT FIXTURE.
(D) DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD PORT ONLY. OWNERS ARE TO SPECIFY
DEMURRAGE/DESPATCH RATES IN THEIR OFFER. DESPATCH RATES MUST BE ONE-HALF OF
DEMURRAGE RATES QUOTED.
(E) LAYTIME AT LOADPORT: 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 NOS. 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 CHARTERERS, CCC
OR USDA 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 MARITIME ARBITRATORS, INC.
8. VESSEL TYPE RESTRICTIONS: TOWED BARGES ARE EXCLUDED.
INTEGRATED TUG/BARGE (ITB) UNITS WILL BE CONSIDERED.
9. VESSELS AND ITBS MUST HAVE ALL OPENINGS TO CARGO SPACES
AND HATCH COVERS SUITABLY SEALED WITH TAPE OR BY OTHER MEANS TO ASSURE WATER
TIGHT INTEGRITY. THE SEALING SHALL BE DONE TO THE SATISFACTION OF NCB SURVEYOR
AS ATTESTED BY CERTIFICATION OF SPECIAL SURVEY. ALL OF THE ABOVE TO BE PERFORMED
AT VESSEL'S TIME, RISK, AND EXPENSE. SPECIAL
SURVEY CERTIFICATE WILL BE REQUIRED AS A CONDITION OF FREIGHT PAYMENT. SEALING
OF HATCHES/OPENINGS AND SPECIAL NCB CERTIFICATE IN NO WAY DIMINISHES OWNERS
RESPONSIBILITY AND LIABILITY TOWARD THE CARGO.
10. 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. FOR TANKERS, SURFACE
APPLICATION 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.
11. AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT/
RECEIVERS INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED, AND
PROVIDED CLEAN BILLS OF LADING WERE ISSUED, FUMIGATION COSTS, IF ANY, ARE FOR
OWNERS (VESSELS) ACCOUNT, AND TIME USED IS TO COUNT FOR U.S. FLAG VESSELS; AND
NOT TO COUNT FOR NON U.S. FLAG VESSELS.
12. OFFER TO PROVIDE BREAKDOWN OF FREIGHT RATE AS FOLLOWS:
A) OCEAN TRANSPORTATION
B) BULK DISCHARGE COST
C) INLAND TRANSPORTATION
D) LIGHTENING COST, IF APPLICABLE
13. FREIGHT RATES TO BE QUOTED PER M/T VESSEL LOAD WITH
DEMURRAGE/DESPATCH/BERTH TERMS DISCHARGE WITH NO DEMURRAGE/NO DESPATCH/NO
DETENTION BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL
FREIGHT FOR EACH ADDITIONAL LOAD PORT, IF USED.
14. NON U.S. FLAG VESSELS MUST BE REGISTERED HIGHEST IN LLOYDS OR
EQUIVALENT AND SHOULD NOT BE MORE THAN 20 YEARS OLD.
15. NON-VESSELS OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY
U.S. OR FOREIGN FLAG SHIPMENTS.
16. ONLY OFFERS OF NAMED VESSELS WITH FULL PARTICULARS PROVIDED
WILL BE CONSIDERED.
17. ANY EXTRA INSURANCE ON CARGO AND FREIGHT DUE TO VESSELS AGE,
CLASS, TYPE, FLAG, CONFIGURATION OR OWNERSHIP OF THE VESSEL IS TO BE FOR OWNERS
ACCOUNT, BUT NOT TO EXCEED NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND
LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.
18. U.S. FLAG APPROVED FREIGHT RATE(S) WILL BE REDUCED TO A LEVEL
NOT HIGHER THAN THE MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE
EVENT THAT ORIGINALLY APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST VESSEL.
ONE WAY RATE MUST BE QUOTED IN ADDITION TO ROUND TRIP RATE FOR U.S. NON LINER
VESSELS WHOSE DATE OF ORIGINAL "REPEAT" ORIGINAL (NOT REBUILT
DATE)CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.
FREIGHT RATE FOR U.S. FLAG VESSELS OFFERING BASIS FULL CARGO
BUT LOADING LESS THAN A FULL CARGO, THE LESS THAN FULL CARGO FREIGHT RATE WILL
BE SUBJECT TO A REDUCTION TO MEET ANY REVISED MARAD FREIGHT RATE GUIDELINE DUE
TO VESSEL LOADING OTHER ADDITIONAL CARGO.
OFFERS OF U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS
NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL 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 BEFORE SUBMISSION OF
OFFERS.
U.S. FLAG VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATIVE 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.
19. OFFERS RECEIVED SHALL BE CONSIDERED TO WARRANT THAT THE
OFFERED VESSEL IS FREE FROM ANY LIEN AND ENCUMBRANCE FULLY INSURED AND ENTERED
IN A P AND I CLUB.
20. OFFERS OF NAMED VESSELS ONLY, NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT CHARTERER'S/USDA'S APPROVAL.
21. ISM AND ISPS CODE COMPLIANCE: OWNER 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 CHARTER PARTY. UPON
REQUEST, OWNERS TO PROVIDE CHARTERERS 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. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES
FROM MATTERS ARISING AS A RESULT OF THE OWNER OR THE VESSEL BEING OUT OF
COMPLIANCE WITH THE ISM AND ISPS CODE.
22. ISPS CLAUSE:
A. 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).
EXCEPT AS OTHERWISE PROVIDED IN THE 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 THE 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.
23. 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).
24. OFFERORS ARE ENCOURAGED TO INCLUDE ALL INFORMATION AS LISTED
BELOW AND IN THE FORMAT AS FOLLOWS:
A. VESSEL NAME, FLAG, YEAR BUILT, VESSEL TYPE, DWT, HOLDS,
HATCHES(SIZES), GEAR, LOA, BEAM, SPEED, CLASS, OWNERS
NAME, SALT WATER ARRIVAL DRAFT AT DISPORT
B. CARGO
C. LOAD/DISCHARGE PORTS
D. LOAD RATES
E. LAYDAYS
F. ETA AT LOAD PORT
G. FREIGHT RATE PER MT AND ADDITIONAL FREIGHT FOR
ADDITIONAL PORT(S)
H. DEMURRAGE-DESPATCH AT LOADPORT
I. TRANSIT TIME AND PORTS OF CALL IN TRANSIT, IF ANY
J. COMMISSIONS
K. TERMS
L. REMARKS
M. NAME AND TELEPHONE NUMBER OF CONTACT PERSON.
25. ALL OFFERS AND SUBSEQUENT AWARDS OF CONTRACTS WILL BE SUBJECT
TO THE PROVISIONS OF THE FOOD FOR PROGRESS ACT OF 1985 AND ALL APPLICABLE U.S.
DEPARTMENT OF AGRICULTURE REGULATIONS PURSUANT THERETO.
26. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS
AND CONDITIONS OF FINCA INTERNATIONAL FOOD FOR PROGRESS BULK CARGOES/ZAMBIA
PROFORMA CHARTER PARTY (SEPTEMBER 2004) WHICH ARE AVAILABLE UPON REQUEST FROM
UNIVERSAL SHIPPING CO.
27. FREIGHT PAYMENT WILL BE EFFECTED AS FOLLOWS:
A. 60 PERCENT OF FREIGHT WILL BE PAYABLE UPON NOTICE SATISFACTORY TO CHARTERERS
OF VESSELS ARRIVAL AT FIRST PORT OF DISCHARGE, WHICH NOTICE WILL BE PART OF
THE DOCUMENTATION REQUIRED TO BE PRESENTED BY CARRIER AS A CONDITION OF PAYMENT.
B. BALANCE 40 PERCENT OF FREIGHT WILL BE PAYABLE UPON CONFIRMATION FROM
CHARTERERS THAT OWNERS HAVE FULFILLED THEIR RESPONSIBILITIES UNDER THIS CHARTER
PARTY.
PLEASE NOTE PROVISION IN THE CHARTER PARTY REGARDING PAYMENT BY ELECTRONIC
TRANSFER.
28. BROKERAGE COMMISSION IS PAYABLE BY OWNERS ON GROSS FREIGHT,
DEADFREIGHT, AND DEMURRAGE TO UNIVERSAL SHIPPING, CO. AS FOLLOWS: 2.5 PERCENT IF
THE FIXTURE IS ARRANGED WITHOUT OWNER'S BROKER AND IF OWNERS' BROKER IS
INVOLVED, 2/3RDS OF 2.5 PERCENT IS PAYABLE TO UNIVERSAL SHIPPING AND
1/3RD OF 2.5 PERCENT IS PAYABLE TO OWNERS' BROKER.
29. OFFERS TO BE RECEIVED BY:
UNIVERSAL SHIPPING COMPANY, INC.
2300 CLARENDON BLVD., SUITE 1004
ARLINGTON, VA 22201
TELEPHONE: 202-298-6100 OR 703-522-5780
FAX: 703-522-9417
U.S. AND NON U.S. FLAG OFFERS WILL BE OPENED IN PUBLIC AT
UNIVERSAL SHIPPING CO. OFFICE AT 1100 HOURS WASHINGTON, D.C. TIME, MONDAY,
SEPTEMBER 13, 2004, AND REMAIN VALID UNTIL CLOSE OF BUSINESS WASHINGTON, D.C.
TIME, WEDNESDAY, SEPTEMBER 15, 2004.
OFFERS WILL NOT BE ACCEPTED BY TELEPHONE. ONLY OFFERS WHICH
ARE RESPONSIVE TO THIS TENDER WILL BE CONSIDERED, AND NO
NEGOTIATION IS PERMITTED. CHARTERERS RESERVE THE RIGHT TO
ACCEPT OR REJECT ANY OR ALL OFFERS.
IF A FAX OFFER IS CONNECTED TO OUR FAX MACHINE BEFORE 1100
HRS WASHINGTON,D.C. 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.
OFFERS SUBJECT OPEN WILL BE CONSIDERED IF LIFTED LATEST BY 1100 HOURS
WASHINGTON, D.C. ON TUESDAY, SEPTEMBER 14, 2004.
[FoodAid/FFP/images/footer.html]