Philippines Award04-061B
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04-061B
Award October 8, 2004
CRS PHILIPPINES FREIGHT TENDER DATED SEPT 16, 2004 - RESULTS
FOOD FOR PROGRESS
USDA NO. 04-061B-01
CARGO: 10,000 MT MIN/MAX SOYBEAN MEAL IN BULK
OWNER: TECO OCEAN SHIPPING
VESSEL: M/V JUDY LITRICO
U.S. FLAG BULK CARRIER
LAYCAN: OCTOBER 20-30, 2004
LOAD PORT: 1/2 SB EACH 1/2 SP U.S. GULF
DISCHARGE PORT: 1/3 SAFE BERTH(S) SUBIC, PHILIPPINES
FREIGHT RATE: USD 296.76 PMT
PLUS USD 7.50 PMT FOR 2ND LOAD PORT, IF USED.
Tender September 17, 2004
Freight Tender: Pacific Cargoes,FFP,CRS,Philippines,Soybean Meal
PACIFIC CARGOES, INC. (PCI), WASHINGTON, D.C., AS SUBCONTRACTOR TO FREIGHT
EXPEDITERS, AND ACTING FOR AND ON BEHALF OF CATHOLIC RELIEF SERVICES (CRS)
REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF BULK
SOYBEAN MEAL FINANCED UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING
BASIS:
1. IFB NO. 04-061B
2. CARGO(ES): APPROXIMATELY 10,000 MT SOYBEAN MEAL IN BULK. CARGO
QUANTITIES WILL BE CONTRACTED ON MIN/MAX BASIS. OFFERORS SHOULD CONSIDER
OFFERING VESSELS TO CARRY A WIDE RANGE OF TONNAGES TO ACCOMODATE THE
PROGRAM NEEDS.
3. LAYDAYS: OCTOBER 20-30, 2004.
4. ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED BY NATURAL
HOLDS SEGREGATION ONLY (NO ARTIFICIAL SEPARATIONS ALLOWED), MUST BE
COMPATIBLE AND NON-INJURIOUS TO CRS CARGO(ES), MUST BE DETAILED IN OFFER OR
APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF CRS 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 CRS CARGO(ES) TO
DISCHARGE PORT. ANY ADDITIONAL PART CARGOES PROPOSED FOR APPROVAL AFTER THE
FREIGHT FIXTURE HAS BEEN CONFIRMED MAY BE SUBJECT TO A FREIGHT RATE
REDUCTIONS BY CHARTERER/USDA.
5. FOURTEEN (14) DAYS PREADVICE REQUIRED. DAILY VESSEL POSITION / STATUS
REPORTS REQUIRED. SEE PROFORMA CHARTER PARTY (C/P) CLAUSE 12 FOR FULL
DETAILS OF THESE TWO REQUIREMENTS.
6. OFFERS OF NAMED VESSELS ONLY; NO VESSEL SUBSTITUTION IS PERMITTED
WITHOUT CHARTERER'S/USDA'S APPROVAL. OFFERORS SHOULD SPECIFY IN THEIR
OFFER VESSEL'S PROPOSED ITINERARY WITH ETAS AT LOAD AND DISCHARGE PORTS.
VESSEL TYPE EXCLUSIONS: TANKERS AND TOWED BARGES ARE EXCLUDED; PUSH-MODE
ITBS WILL BE CONSIDERED.
7. LOAD PORT(S): 1/2 SAFE BERTHS EACH 1/2 SAFE U.S. PORT(S), INCLUDING
U.S. GREAT LAKES PORTS. OFFERORS 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 32 FOR LOAD
RANGES CONSIDERED AS ONE PORT)
8. DISCHARGE PORT(S): 1/2 SAFE BERTH(S) SUBIC, PHILIPPINES
9. 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
10,000 - 19,999.99 MT 5,000 MT PER DAY
20,000 - 29,999.99 MT 6,000 MT PER DAY
TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
LASH BARGES: THE LOAD GUARANTEE SHALL NOT APPLY.
(B) DISCHARGING TERMS: THE CARGO IS TO BE DISCHARGED BY RECEIVER, FREE
OF RISK AND EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 2,000 TONS OF
2,204.6 POUNDS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS SATURDAYS,
SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED (WWDSSHEX EIU), ON THE BASIS OF
THE BILL OF LADING QUANTITY. LASH/SEABEE BARGES: THE DISCHARGE GUARANTEE
SHALL NOT APPLY.
(C) 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.
(D) LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND
COMMODITY SUPPLIERS AT LOAD PORT(S) AND BETWEEN OWNERS AND RECEIVERS AT
DISCHARGE PORT(S). SEE PROFORMA C/P CLAUSE 5 FOR FULL DETAILS ON LAYTIME
CALCULATIONS/SETTLEMENT.
(E) ADDITIONAL NCB CERTIFICATION (SEALING OF HATCH COVERS/OPENINGS TO
CARGO SPACES) REQUIRED FOR VESSELS OVER 15 YEARS OF AGE, AND PUSH-MODE
ITBS. SEE C/P CLAUSE 41 FOR FULL DETAILS.
(F) INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE: SEE PROFORMA C/P CLAUSE
43 FOR FULL DETAILS.
(G) AS THE CARGO ADVERTISED IN THIS TENDER 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) CARGOES 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 44 FOR FULL DETAILS.
(H) VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF
SELF-DISCHARGE WITH VESSEL'S OR OWNER SUPPLIED SHORESIDE GEAR (CRANES
AND/OR SWINGING DERRICKS WITH MINIMUM 8 MT S.W.L. CAPACITY SUITABLE FOR
CLAMSHELL DISCHARGE), AND/OR WITH MARINE LEGS INCLUDING ALL NECESSARY
SUPPORT EQUIPMENT. DISCHARGE BY VACUVATORS IS NOT PERMITTED. ALL
DISCHARGE GEAR AND EQUIPMENT IS TO BE SUPPLIED BY OWNER AT OWNER'S EXPENSE
AND TO BE IN GOOD WORKING ORDER. OWNERS TO PROVIDE AT THEIR EXPENSE ALL
NECESSARY MOTIVE POWER/FUEL TO OPERATE ALL DISCHARGE GEAR AS WELL, IF
REQUIRED. OWNER TO PROVIDE AT THEIR EXPENSE TECHNICIANS IN THE CASE OF
MARINE LEGS TO OVERSEE THEIR OPERATION. DISCHARGE GEAR PROVIDED BY
OWNER/VESSEL MUST BE CAPABLE OF MAINTAINING THE GUARANTEED AVERAGE
DISCHARGE RATE AS SPECIFIED ABOVE IN DISCHARGING TERMS CLAUSE. ANY TIME
LOST AS A RESULT OF BREAKDOWN OF VESSEL'S GEAR AND/OR MARINE LEGS TO BE
EXCLUDED FROM LAYTIME USED. VESSELS ARE TO BE FULLY EQUIPPED WITH
DISCHARGE GEAR / EQUIPMENT PRIOR TO RECEIVER'S ACCEPTANCE OF THE NOTICE OF
READINESS TO DISCHARGE.
OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL'S
CREW FREE OF CHARGE TO CHARTERERS. MECHANICAL OR HYDRAULIC HATCH COVERS
FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED.
(I) DISCHARGE PORT RESTRICTIONS ON VESSELS: VESSELS MUST MEET ANY
VESSEL RESTRICTIONS FOR DISCHARGE AT SUBIC, PHILIPPINES. WITHOUT GUARANTEE
FROM CHARTERER, RECEIVERS ADVISE THAT MAXIMUM S.W. ARRIVAL DRAFT IS 11.5
METERS.
ANY LIGHTENING REQUIRED AS A RESULT OF VESSEL'S FAILURE TO MEET SUCH
RESTRICTIONS ON VESSELS FOR THE DISCHARGE PORT IS FOR OWNER'S TIME, RISK
AND EXPENSE. SEE CLAUSE 20 OF THE PROFORMA CHARTER PARTY FOR LIGHTENING
TERMS.
(J) 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 FUMIGATION OF THE
CARGO WITHIN 24 HOURS OF DISCOVERY OF SUCH INFESTATION. FUMIGATION COSTS,
IF ANY, ARE FOR OWNER'S (VESSEL'S) ACCOUNT, TIME COUNTING ON U.S. FLAG
VESSELS AND NOT COUNTING ON NON-U.S. FLAG VESSELS.
(K) FOREIGN FLAG VESSELS MUST NOT BE OLDER THAN 20 YEARS AND MUST BE
CLASSED HIGHEST IN LLOYD'S REGISTER OR ITS EQUIVALENT. YEAR OF ORIGINAL
CONSTRUCTION, NOT REBUILT YEAR, 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.
(L) THE FOLLOWING LANGUAGE IS HEREBY INCORPORATED INTO CRS' PROFORMA
CHARTER PARTY:
CHARTERERS REQUIRE ISSUANCE OF BILLS OF LADING TO THEIR PROTECTIVE
AGENT AT LOAD PORT WITHIN 48 HOURS OF RECEIPT OF MASTER BILL OF LADING FROM
SAID AGENT.
BILLS OF LADING SHOULD BE ISSUED IN THE FOLLOWING MANNER:
THREE (3) ORIGINAL BILLS OF LADING, SIGNED, NOT FREIGHTED;
EIGHTEEN (18) NON-NEGOTIABLE BILLS OF LADING, SIGNED, FREIGHTED;
THREE (3) NON-NEGOTIABLE BILLS OF LADING, SIGNED, NOT FREIGHTED.
(M) CLAUSE 43 OF THE PROFORMA CHARTER PARTY IS AMENDED TO READ AS
FOLLOWS:
(M) THE FOLLOWING CLAUSE IS INCORPORATED INTO THE CRS PROFORMA CHARTER
PARTY:
ISPS CODE REQUIREMENT:
(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.
(N) CLAUSE 8 OF THE CHARTER PARTY IS AMENDED TO READ AS FOLLOWS:
SHOULD GENERAL AVERAGE CONDITIONS ARISE, CONSIGNEE SHALL CONTRIBUTE WITH
THE OWNER 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 OWNER, 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.
(O) CLAUSE 45 OF THE CHARTER PARTY IS NOT APPLICABLE TO THIS SHIPMENT
AND THEREFORE DELETED.
10. 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.
OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A
CANCELLING DATE NO LATER THAN THE LAST CONTRACT LAYDAY AS ABOVE, AND
THE VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE BEYOND THE LAYDAYS
SPECIFIED ABOVE WILL NOT BE CONSIDERED.
OFFERORS ARE ENCOURAGED TO SUBMIT THEIR OFFERS IN THE FORMAT SET FORTH
IN "EXPORT FREIGHT OFFERS". THIS FORMAT IS AVAILABLE AT THE OFFICES OF
PACIFIC CARGOES, INC., WASH., D.C. 202-785-3400, AND CAN BE DOWNLOADED FROM
ITS HOME PAGE: http://www.isc-pci.com.
U.S. FLAG NON-LINER VESSELS WHICH EXCEED 15 YEARS OF AGE FROM DATE OF
ORIGINAL CONSTRUCTION MUST OFFER AN ALTERNATE FREIGHT RATE (ONE WAY 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.
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.
11. 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.
12. 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.
13. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS AND
CONDITIONS OF CATHOLIC RELIEF SERVICES CHARTER PARTY PROFORMA (VESSEL LOAD
/ FREE DISCHARGE APPLICABLE TO FOOD FOR PROGRESS - NOVEMBER 2002). COPIES
OF THE CATHOLIC RELIEF SERVICES' CHARTER PARTY PROFORMA ARE AVAILABLE UPON
REQUEST TO PACIFIC CARGOES, INC.
14. CRS RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.
15. OFFERS TO BE RECEIVED BY SEALED LETTER OR TELEFAX (202) 296-1160 AT
PACIFIC CARGOES, INC., 1629 K STREET, N.W., SUITE 700, WASH., D.C. NO LATER
THAN 1100 HOURS WASH., D.C. TIME SEPTEMBER 21, 2004 AND ALL OFFERS MUST
REMAIN VALID THROUGH 1700 HOURS WASH., D.C. TIME SEPTEMBER 24, 2004.
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 SEPTEMBER 23, 2004. NO OFFERS OF NON-U.S. FLAG VESSELS
WITH "SUBJECT OPEN" RESTRICTION WILL BE CONSIDERED.
16. COMMISSION: 2.5 PCT ON FREIGHT / DEADFREIGHT TO CHARTERER'S AGENT,
FREIGHT EXPEDITERS IF OFFERED DIRECT; IF BROKER INVOLVED, 2/3 OF 2.5 PCT TO
CHARTERER'S AGENT, FREIGHT EXPEDITERS, AND 1/3 OF 2.5 PCT TO BROKER.
17. ALL FIXTURES ARE SUBJECT APPROVAL BY USDA.
18. INTERESTED PARTIES ARE ENCOURAGED TO DOWNLOAD THE PROFORMA CHARTER
PARTY, AND THE EXPORT FREIGHT OFFER FORMAT FROM OUR WEB SITE.
OUR HOME PAGE ADDRESS IS: http://www.isc-pci.com.
FOR FURTHER INFORMATION, CONTACT:
PACIFIC CARGOES, INC., WASHINGTON, D.C.
TELEPHONE: 202-785-3400; FAX: 202-296-1160; EMAIL: mail@isc-pci.com
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