Afghanistan Award05-019B

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Oct. 13, 2005
Award 05-019B


Afghanistan FFP FY 2005 CDSBO
Shipper/charterer: Ministry of Finance, Islamic Republic of Afghanistan c/o Embassy of Afghanistan, 2341 Wyoming Ave., NW, Washington, DC 20008
Freight Tender Nr: AFG-FFP-05-019B
Vessel owner: Bryggen Shipping and Trading
Vessel: MT TAIPAN; Liberian flag; built 1981; DWT 21,953 MT; GRT/NRT 12,758/7470; LOA
155.80 M; Beam 25.0 M; Draft 9.80 m; Speed 13.00 knots; Classification - NV

Reference Nr: 05AF5201-01
USDA Tracking Nr: 05-019B-01
Commodity: Crude Degummed Soybean Oil (CDSBO)
Quantity: 11,000 MT Min/Max
Loading: 1 to 2 SB, 1 SP USG
Laydays: July 27 to August 6, 2005
Discharge port: 1 to 2 SB Karachi, Pakistan
Freight rate: $89.00/MT 1 SB-1SP plus $2.00/MT on the entire cargo for the second load berth if used

Demurrage at load port: $12,000.00
Demurrage/dispatch at discharge port: $12,000/HD

Last 3 cargoes: 1st last corn oil/fish oil, 2nd last urea ammonium nitrate/soybean oil,
3rd last tallow/urea ammonium nitrate/soybean oil

July 7, 2005
05-019B Amendment

Request publish the following amendment nr 1 to Afghanistan Freight IFB
Nr AFG-FFP-05-019B -

3rd paragraph of clause nr, 2 to read "AFGHANISTAN CARGO SHALL BE LAST
IN FIRST OUT, UNLESS OTHERWISE AGREED UPON, IN WHICH CASE OWNER TO
SUBMIT IN THEIR OFFER THE VESSEL VOYAGE ITINERARY AND ESTIMATED TRANSIT
TIME TO KARACHI, PAKISTAN".

2nd paragraph of clause nr. 8 to read as follows: "IF THIS IS A PART
CARGO, AND ANY COMPLETION CARGO THAT HAS BEEN DULY APPROVED BY
CHARTERER/USDA, THEN THE GOVERNMENT OF AFGHANISTAN CARGO WILL BE LAST IN
FIRST OUT AS PER CLAUSE # 2.

July 6, 2005
05-019B Tender

PANALPINA, INC., ON BEHALF OF THE ISLAMIC REPUBLIC OF AFGHANISTAN REQUEST OFFERS OF U.S. AND NON-U.S. FLAG TANKERS FOR THE CARRIAGE OF CRUDE DEGUMMED SOYBEAN OIL (CDSBO) IN BULK TO PAKISTAN UNDER THE FOOD FOR PROGRESS (FFP) PROGRAM -

PROGRAM: FOOD FOR PROGRESS (FFP)
DATE: 06 JULY 2005
TENDER NUMBER: AFG-FFP-05-019B

1. COMMODITY/QUANTITY: APPROX. 11,000 MT OF CRUDE DEGUMMED SOYBEAN OIL (CDSBO) .
CONTRACTED QUANTITIES MUST BE ON A MIN/MAX BASIS. OFFERS MUST BE SUBMITTED IN ACCORDANCE WITH LAYDAYS JULY 27 TO AUGUST 06, 2005. OFFERS WITH LAYDAYS OTHER THAN THOSE STATED ABOVE WILL NOT BE CONSIDERED.

PLEASE NOTE THIS CARGO IS TO BE MONETIZED AND CHARTERER REQUIRES A MAXIMUM OF 40 DAYS TRANSIT TIME FROM CONTRACTED LOAD PORT TO DESIGNATED DISCHARGE PORT.

2. LOAD: 1 TO 3 SAFE BERTHS EACH 1 TO 2 SAFE U.S. PORTS. OWNERS SHOULD TAKE NOTE THAT OFFERS WHICH DO NOT PROVIDE FOR THREE (3) BERTHS AT LOAD PORT MAY NOT BE SUCCESSFULLY MATCHED WITH COMMODITY PURCHASES. LOADING BERTHS ON THE MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE, LOUISIANA, SAN FRANCISCO BAY AREA INCLUDING STOCKTON, AND SACRAMENTO, COLUMBIA RIVER DISTRICT INCLUDING PORTLAND, OREGON, ARE CONSIDERED RESPECTIVELY AS ONE LOAD PORT.

FREE IN AT THE RATE OF 250 MT PER RUNNING HOUR, WWDSHINC, WITH DEMURRAGE, NO DESPATCH.

AFGHANISTAN CARGO SHALL BE FIRST IN LAST OUT, UNLESS OTHERWISE AGREED UPON, IN WHICH CASE OWNER TO SUBMIT IN THEIR OFFER THE VESSEL VOYAGE ITINERARY AND ESTIMATED TRANSIT TIME TO KARACHI, PAKISTAN.

3. DISCHARGE PORT: 1 TO 2 SAFE BERTHS, KARACHI, PAKISTAN. FOR GUIDANCE KARACHI PORT RESTRICTIONS ARE AS FOLLOWS: MAXIMUM LOA 213 M, MAXIMUM BEAM 28 M, MAXIMUM ARRIVAL DRAFT 34.4 FT SW. VESSEL IS SOLELY RESPONSIBLE FOR ARRIVING AT THE DISCHARGE PORT AND BERTH WITH A SAFE AND ACCEPTABLE DRAFT AND IN CONFORMANCE TO ALL BERTH RESTRICTIONS. SHIP OWNER TO BE RESPONSIBLE TO MEET ALL PAKISTAN PORT REQUIREMENTS ON ARRIVAL AT DISCHARGE PORT. ALL CONSEQUENCES FOR NON CONFORMANCE SHALL BE FOR OWNER'S ACCOUNT.

4. OWNERS TO APPOINT AND PAY FOR THE LOAD PORT AGENT. CHARTERER TO NOMINATE DISCHARGE PORT AGENT, OWNER PAYING CUSTOMARY AGENCY FEE.

5. BERTH TERM DISCHARGE AT THE RATE OF 100 MT PER RUNNING HOUR WWDSHINC WITH DEMURRAGE AND DISPATCH. THE VESSEL TO PROVIDE ALL NECESSARY EQUIPMENT INCLUDING MAIN / STRIPPING PUMPS AND HOSES IN GOOD WORKING ORDER TO EFFECT DISCHARGE OF THE CARGO INTO SHORE TANKS AND/OR TRUCKS. PUMPS MUST HAVE A MINIMUM PRESSURE OF 50 PSI WITH PUMPING CAPACITY OF AT LEAST 150 MT PER HOUR AND BE ABLE TO PUMP WATER WITH ADEQUATE PRESSURE TO CLEAN HOSES AND PIPES AT THE DISCHARGE TERMINAL.

RECEIVER IS TO BE RESPONSIBLE FOR ANY/ALL DEMURRAGE AT THE DISCHARGE PORT AT THE RATE SPECIFIED IN THE CHARTER PARTY FOR ALL TIME USED IN EXCESS OF THE ALLOWED LAYTIME. ANY CLAIMS FOR DEMURRAGE SHALL BE FULLY SUBSTANTIATED WITH THE FOLLOWING SUPPORTING DOCUMENTS AND SHALL BE SUBMITTED BY THE OWNER TO THE CHARTERER AND RECEIVER(S) WITHIN 30 DAYS OF COMPLETION OF DISCHARGE:
(I) INVOICE FOR THE AMOUNT BEING CLAIMED;
(II) THE NOR;
(III) A STATEMENT OF FACT;
(V) THE CHARTER PARTY AGREEMENT.

6. ALL PORT CHARGES AT LOAD AND DISCHARGE PORTS INCLUDING FACILITY CHARGES, WHARFAGE, DOCKAGE, QUAY DUES OR SIMILAR CHARGES ARE FOR OWNERS ACCOUNT.

7. ALL SHIFTING COSTS BETWEEN BERTHS AT LOADING AND DISCHARGING PORTS AND FROM ANCHORAGE TO LOAD/DISCHARGE BERTHS FOR OWNERS ACCOUNT. TIME NOT TO COUNT.

8. FREIGHT TO BE QUOTED BASIS FULL OR PART CARGO PER MT AND BASIS FREE IN/VESSEL DISCHARGE 1 TO 2 LOAD TO 1 TO 2 SAFE BERTHS KARACHI PORT, PLUS EXTRA FREIGHT FOR ADDITIONAL LOAD PORTS IF USED. PREMIUMS FOR ADDITIONAL LOAD PORTS WILL BE CONSIDERED IN DETERMINING LOWEST LANDED COSTS IN THOSE SITUATIONS WHEN COMMODITIES ARE LIKELY TO BE LOADED AT MORE THAN ONE PORT.

IF THIS IS A PART CARGO, AND ANY COMPLETION CARGO THAT HAS BEEN DULY APPROVED BY CHARTERER/USDA, THEN THE GOVERNMENT OF AFGHANISTAN CARGO WILL BE FIRST IN LAST OUT AS PER CLAUSE # 2.

IF OWNER INTENDS TO LIGHTEN, THE OFFER SHOULD SPECIFY THE COST OF LIGHTENING WHETHER PARTIAL OR FULL LIGHTENING. IF LIGHTENING IS NOT PERFORMED AND VESSEL(S) DISCHARGED DIRECTLY AT BERTH, USDA WILL DEDUCT THE COST OF LIGHTENING FROM THE OCEAN FREIGHT.

9. OWNERS TO LIST LAST 3 CARGOES CARRIED (FOR BOTH OCEAN VESSEL AND LIGHTERAGE VESSEL, IF APPLICABLE) IN THE CARGO TANKS AND THE LAST 3 CARGOES PUMPED THROUGH THE CARGO PUMPS AND LINES (IF DIFFERENT) AND CERTIFY IN THEIR OFFER THAT THE LAST 3 CARGOES WERE CLEAN, UNLEADED AND NON-TOXIC. FURTHER, OWNERS TO CERTIFY THAT THE IMMEDIATE PREVIOUS CARGO FOR THE TANKS, LINES AND PUMP SYSTEM (FOR BOTH OCEAN VESSEL AND LIGHTERAGE VESSEL, IF APPLICABLE) DESIGNATED TO LOAD THE OIL MUST BE IN COMPLIANCE WITH THE NIOP/FOSFA JOINT LIST OF ACCEPTABLE PREVIOUS CARGOES.
OWNERS MUST STIPULATE EXACTLY THE LAST THREE CARGOES CARRIED, WITHOUT STATEMENTS OF "AND OR" OR "WILL BE". FURTHER CARGOES MUST BE FULLY SPELLED OUT WITHOUT ABBREVIATIONS.

10. OWNERS TO GIVE CHARTERERS 14 DAYS PRE-ADVICE OF VESSEL'S ETA AT LOAD PORT. SAID PREADVICE BE SUBMITTED BY FAX TO PANALPINA INC. WASHINGTON, AT (703) 733-4353 AND TO BE RECEIVED BY 1100 HRS ON A WORKING DAY TO BE CONSIDERED AS RECEIVED ON THE SAME DAY. NOTICE RECEIVED AFTER 1100 HOURS WILL BE CONSIDERED AS RECEIVED ON THE NEXT WORKING DAY. NOTICE TO INCLUDE NAME OF VESSEL, DESCRIPTION AND ETA LOAD PORT / RANGE WITH DECLARED TONNAGE TO BE LOADED. SAID NOTICE ALSO TO STATE THE LAST THREE CARGOES THAT WERE ON BOARD THE VESSEL AND THAT THEY ARE UNLEADED AND NON-TOXIC.

11. AT LOADING: CHARTERERS TO APPOINT AN FOSFA APPROVED INDEPENDENT INSPECTION SURVEYOR TO INSPECT TANKS, PUMPING AND OTHER EQUIPMENT WITH CERTIFICATES TO BE SUBMITTED TO SUPPLIER(S) OF THE COMMODITIES AND CHARTERERS' OUTPORT AGENT ALONG WITH THE NOTICE OF READINESS. INSPECTIONS AND CERTIFICATES TO BE FOR OWNERS' TIME, RISK AND EXPENSE. THE VESSEL INSPECTION TO BE PERFORMED BY AN INDEPENDENT SURVEYOR AS MUTUALLY AGREED BY OWNER AND CHARTERERS.

12. LAYTIME AT LOAD PORT TO COMMENCE SIX (6) HOURS AFTER VESSELS MASTER OR AGENT FILES THE NOTICE OF READINESS TO THE DECLARED LOADING TERMINAL, VESSEL HAVING PASSED INSPECTION BY THE NOMINATED INDEPENDENT INSPECTION COMPANY. IF SECOND OR MORE LOAD BERTH(S) OR PORT(S) ARE USED LAYTIME AT THE SECOND OR SUBSEQUENT LOAD BERTH(S) AND / OR PORT(S) SHALL COMMENCE SIX (6) HOURS AFTER VESSEL NOTICE OF READINESS IS FILED AT THAT BERTH AND OR PORT AND VESSEL BEING READY TO COMMENCE LOADING AT SAID SUBSEQUENT BERTH AND PORT. PRIOR TIME USED NOT TO COUNT AS LAYTIME. DEMURRAGE TO BE STATED IN THE OFFER. DEMURRAGE TO BE SETTLED DIRECTLY BETWEEN VESSEL OWNER AND THE SUPPLIER(S) OF THE CDSBO. UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERER BE RESPONSIBLE FOR RESOLVING ANY DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE BETWEEN VESSEL OWNER AND THE SUPPLIER(S). ANY AND ALL DISPUTES BETWEEN VESSEL OWNER AND THE COMMODITY SUPPLIER(S) ARISING OUT OF THIS CONTRACT RELATING TO SETTLEMENT OF LAYTIME ISSUES SHALL BE ARBITRATED IN NEW YORK SUBJECT TO THE RULES OF THE SOCIETY OF MARITIME ARBITRATORS, INC.

13. LAYTIME AT DISCHARGE PORT TO COMMENCE AT 0800 HOURS THE NEXT REGULAR WORKING DAY AFTER VESSEL TENDERS, DURING REGULAR BUSINESS HOURS, WHETHER IN BERTH OR NOT. PRIOR TIME, IF USED, NOT TO COUNT. AT PORT OF DISCHARGE, VESSEL TO BE IN FREE PRATIQUE ON ARRIVAL. DEMURRAGE / DISPATCH RATES AS PER CHARTER PARTY AGREEMENT AND TO BE STATED IN THE OFFERS. DISPATCH RATE TO BE HALF OF DEMURRAGE RATE. NOTICE OF READINESS TO BE TENDERED PER THE CUSTOM OF THE PORT TO CHARTERER AND THE RECEIVER OR THEIR DESIGNATED DISCHARGE PORT AGENT. OWNER TO SUBMIT TO CHARTERERS AGENTS, PANALPINA INC. WASHINGTON , COPY OF THE NOTICE OF READINESS TENDERED AND THE STATEMENT OF FACTS AT DISCHARGE PORT, WITHIN FIFTY (50) DAYS OF VESSEL HAVING COMPLETED DISCHARGE. DEMURRAGE/ DISPATCH TO BE SETTLED DIRECTLY BETWEEN RECEIVER AND SHIP OWNER. CHARTERER/USDA WILL NOT BE RESPONSIBLE FOR ANY DISPUTE OF SETTLEMENT OF DEMURRAGE / DISPATCH AT DISCHARGE PORT.

14. LAYTIME IS NON-REVERSIBLE

15. TIME USED FOR CONNECTING AND DISCONNECTING HOSES AT DISCHARGING PORT(S) IS NOT TO COUNT AS LAYTIME.

16. OWNER IS RESPONSIBLE FOR PAYING ALL CARRYING, INTEREST AND STORAGE CHARGES, IF ANY, BY REASON OF VESSEL'S FAILURE TO PRESENT READY IN ALL RESPECT TO LOAD PRIOR TO THE CANCELING DATE. CARRYING CHARGES WILL BE ASSESSED THROUGH BILL OF LADING DATE IN ACCORDANCE WITH THE TRADING RULES OF THE NIOP.

17. COMMINGLING OF CARGO FOR OTHER DESTINATIONS IS PROHIBITED. THE OWNER GUARANTEES THAT NO DANGEROUS OR POISONOUS CARGO WILL BE SHIPPED ON THE VESSEL AND THE CARGO WILL BE SAFELY SEGREGATED. OWNERS OF THE VESSEL(S) TO BE RESPONSIBLE FOR THE CONTAMINATION OF CARGO ON BOARD DUE TO LEAKAGE IN PIPES OR FOR ANY OTHER REASON(S). UPON THE VESSEL'S SAILING FROM THE LAST U.S. PORT OF LOADING, COPIES OF THE STOWAGE PLAN AND MANIFEST WILL BE FAXED TO CHARTERERS' AGENT, PANALPINA, INC. WASHINGTON FAX NUMBER (703) 733-4353, THEN RE-FAXED AND COURIERED TO THE BUYER OR THEIR AGENTS AT THE DISCHARGE PORT.

18. TRANS-SHIPMENT IS NOT PERMITTED.

19. SHIP OWNER AND / OR THEIR AGENT TO RELEASE ORIGINAL AND NON NEGOTIABLE BILLS OF LADING TO CHARTERERS AGENT, PANALPINA INC. WASHINGTON, IMMEDIATELY UPON COMPLETION OF LOADING AND WITHOUT ANY UNDUE DELAYS. BILL OF LADING TO BE IN ACCORDANCE WITH SHORE FIGURES. IF ANY DISCREPANCIES, BETWEEN SHORE FIGURES AND SHIPS TANK ULLAGES, SHORE FIGURES WILL PREVAIL.

20. UPON COMPLETION OF LOADING, VESSEL TO SAIL DIRECTLY TO KARACHI, PAKISTAN, WHICH TO BE THE FIRST DISCHARGE PORT, UNLESS OTHERWISE AGREED BY CHARTERER. MASTER AND / OR OWNER AND / OR AGENT TO SEND A SAILING NOTICE TO PANALPINA INC. WASHINGTON FAX NUMBER, (703) 733-4353. SAID NOTICE TO STATE, VESSEL NAME, FLAG, QUANTITY ON BOARD IN METRIC TONS, STOWED IN HOLD NUMBERS, BILL OF LADING DATE AND LOADED DRAFT OF VESSEL ETA KARACHI.

21. MASTER OF VESSEL SHALL NOTIFY CHARTERER/RECEIVERS BY CABLE WITH 10 DAYS NOTICE OF VESSEL ETA DISCHARGE PORT, FOLLOWED BY 7 DAYS, 72 HOURS, 48 HOURS AND 24 HOURS IN ADVANCE OF VESSEL ARRIVAL AT DISCHARGE PORT. ANY VARIATIONS OF 12 HOURS OR MORE IN THE ARRIVAL TIME WILL REQUIRE ADDITIONAL NOTIFICATION BY CABLE. A DELAY IF ANY, CAUSED IN BERTHING DUE TO OWNERS FAILURE TO PROVIDE ANY ONE OF THE ABOVE NOTICES WILL BE FOR THE OWNERS ACCOUNT AND TIME SO LOST SHALL NOT COUNT AS LAYTIME.

22. LIGHTENING WHETHER PARTIAL OR FULL LIGHTENING IS TO BE AT SHIP OWNERS TIME, RISK AND EXPENSE.
a) OWNER TO OBTAIN KARACHI PORT TRUST PERMISSION FOR LIGHTENING OF VESSEL AT OUTER ANCHORAGE BEYOND 12 MILES LIMIT.
b) PRIOR TO COMMENCEMENT OF THE LIGHTENING OPERATIONS LIGHTER VESSELS TO BE DULY INSPECTED BY A FOFSA-APPROVED SURVEYOR ATTESTING THAT THE VESSEL IS IN COMPLIANCE WITH FOFSA REQUIREMENTS FOR THE CARRIAGE OF EDIBLE OIL FOR CLEANLINESS AND READINESS TO RECEIVE THE CARGO FROM THE MOTHER VESSEL.. SAID INSPECTIONS TO BE ARRANGED AND PAID FOR BY SHIP OWNER AND CERTIFICATE OF CLEANLINESS TO BE SUBMITTED TO PANALPINA, INC WASHINGTON, RECEIVERS OR THEIR DISCHARGE PORT AGENTS.
c) LIGHTER VESSELS TO FILE THEIR NOTICE OF READINESS TO DISCHARGE TO RECEIVERS OR DESIGNATED AGENTS, WITH THE AFOREMENTIONED CERTIFICATE OF CLEANLINESS. LAYTIME ON MOTHER VESSEL (IN CASE OF PARTIAL LIGHTENING) OR LIGHTER VESSEL (IN CASE OF FULL LIGHTENING) WILL COMMENCE AT 0800 HOURS NEXT DAY AND DISCHARGE RATE OF 100 MT PER RUNNING HOUR WWDSHINC WILL APPLY. PRIOR TIME USED SHALL NOT COUNT. LAYTIME FOR SECOND LIGHTER VESSEL AND SUBSEQUENT LIGHTER VESSELS WILL COMMENCE AT 0800 HOURS NEXT DAY AFTER THE FIRST OR PREVIOUS LIGHTER VESSEL HAS COMPLETED THE DISCHARGING OF ITS CARGO ON BOARD. PRIOR TIME USED SHALL NOT COUNT.

23. U.S. FLAG VESSELS APPROVED FREIGHT RATES WILL BE REDUCED TO NO HIGHER THAN THE MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST VESSEL (INCLUDING TUG AND/OR BARGE). FOR VESSELS LOADING 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.

24. IF SHIPMENT IS CONTRACTED ON A PART CARGO BASIS, ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEGREGATED BY TANK AND MUST BE COMPATIBLE AND NON-INJURIOUS TO SUBJECT CARGOES AND MUST BE DETAILED IN THE OFFER OR APPROVED BY CHARTERER/USDA IF CONTRACTED AFTER FIXTURE OF SUBJECT CARGO(ES). VESSELS ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY CHARTERS/USDA IN APPROVAL OF SUCH CARGOES IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF SUBJECT CARGO(ES) TO KARACHI OR PORT BIN QASIM, PAKISTAN.

25. U.S. FLAG VESSELS WHICH REQUIRE PRIOR APPROVAL FROM MARAD TO PARTICIPATE IN PREFERENCE CARGOES BECAUSE OF OPERATING DIFFERENTIAL SUBSIDY (ODS), CONTRACTUAL RESTRAINTS, OR BECAUSE OF RE-FLAGGING/FOREIGN CONSTRUCTIONS ISSUES, MUST OBTAIN SUCH MARAD APPROVAL PRIOR TO SUBMISSION OF BIDS.

26. ONE-WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES FOR U.S. NON-LINER VESSELS WHOSE DATE OF ORIGINAL CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.

27. U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH VESSEL'S COSTS PRIOR TO SUBMISSION OF THE OFFER.

28. 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.

29. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C. SECTION 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 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 TENDER MAY BE PREFERENCE CARGO, OFFERORS MUST WARRANT THAT VESSEL(S) AND OWNER/OPERATORS ARE NOT DISQUALIFIED TO CARRY SUCH CARGO(ES).

30. FREIGHT PAYMENT: IN ACCORDANCE WITH FOOD FOR PROGRESS PROGRAM REGULATIONS 100 PERCENT FREIGHT IS DEEMED EARNED AND PAYABLE ON BILL OF LADING WEIGHT. FREIGHT WILL BE PAID BY CCC/USDA ON SUBMISSION BY OWNER OF REQUIRED DOCUMENTS AND NOTICE OF VESSELS SAFE ARRIVAL AT DISCHARGE PORT ISSUED BY CHARTERERS OR THEIR AGENTS. IN EVENT OWNER HAS NOT PAID THE CARRYING/INTEREST CHARGES IF ANY, CCC/USDA WILL HAVE THE RIGHT DEDUCT SAME FROM THE OCEAN FREIGHT.

31. EXTRA INSURANCE: ON US FLAG VESSELS - ANY ADDITIONAL PREMIUM DUE TO VESSEL AGE, TYPE, OWNERSHIP OR CONFIGURATION SHALL BE FOR THE SHIP OWNERS ACCOUNT AND SHALL BE AT THE PREVAILING RATES IN THE NEW YORK INSURANCE MARKET. ON NON US FLAG VESSELS OVER 25 YEARS AGE FROM ORIGINAL BUILT DATE WILL NOT BE ACCEPTABLE. ADDITIONAL PREMIUMS FOR MOTHER OR DAUGHTER(S) VESSEL AGED 11 TO 25 YEARS TO BE AT OWNERS ACCOUNT AT PREVAILING RATES IN THE LONDON MARKET. SUCH PREMIUM TO BE PAID BY SHIP OWNER TO RECEIVERS AGAINST RECEIVERS INVOICE WITH SUPPORTING STATEMENT FROM THEIR INSURANCE COMPANY.

32. SUCCESSFUL BIDDER MAY BE REQUIRED BY CHARTERER TO POST A PERFORMANCE BOND WITHIN FIVE (5) WORKING DAYS IN THE FORM OF AN IRREVOCABLE L/C EQUIVALENT TO FIVE (5) PCT. OF THE OCEAN FREIGHT IN FAVOR OF THE AFGHAN MINISTRY OF FINANCE C/O PANALPINA, INC. WASHINGTON BY A FIRST-CLASS U.S. BANK. SAID L/C TO BE VALID FOR 30 DAYS BEYOND THE CANCELING DATE OF THE RELEVANT CHARTER PARTY. HOWEVER, AFGHAN MINISTRY OF FINANCE WILL RELEASE THE SAID BOND UPON VESSEL'S PRESENTATION FOR LOADING WITHIN THE CONTRACTED LAYDAYS. THE L/C IS TO BE COLLECTIBLE BY DRAFT AT SIGHT ACCOMPANIED BY A STATEMENT FROM THE AFGHAN MINISTRY OF FINANCE THAT SHIP OWNER DID NOT PERFORM IN ACCORDANCE TO THE C/P OR DID NOT DELIVER THE GOODS AS STATED ON THE BILLS OF LADING. UNDER NO CIRCUMSTANCES IS THE PERFORMANCE BOND TO BE CONSIDERED AS THE MAXIMUM LIABILITY OR LIQUIDATION OF DAMAGES INCURRED DUE TO NON-PERFORMANCE BY THE SHIP OWNER.

34. ALL OTHER TERMS AND CONDITIONS ARE AS PER C/P VEGOILVOY AS ADAPTED BY THE AFGAHN MINISTRY OF FINANCE FOR SOYBEAN OIL IS AVAILABLE AT PANALPINA, INC.

35. OFFERS ARE TO BE SUBMITTED IN WRITING TO PANALPINA INC., 22750 GLENN DRIVE, STERLING, VA 20164, EITHER BY COURIER, MAIL, HAND DELIVERY OR VIA FAX NUMBER: (703) 733-4353, TO BE RECEIVED NO LATER THAN 1400 HOURS WASHINGTON DC TIME ON MONDAY, 11 JULY 2005 AND TO REMAIN VALID UNTIL 1100 HOURS, 14 JULY 2005. TELEPHONE OFFERS WILL NOT BE CONSIDERED. LATE OFFERS AND OFFERS BASED ON TERMS OTHER THAN THOSE CONTAINED IN THIS FREIGHT TENDER AND CHARTERER'S PROFORMA CHARTER PARTY WILL BE CONSIDERED NON-RESPONSIVE. IF A FAX OFFER BEGINS PRINTING BEFORE 1400 HOURS ON MONDAY, 11 JULY 2005 AND CONTINUES PRINTING PAST THAT TIME UNTIL COMPLETION, OFFER WILL BE CONSIDERED AS BEING RECEIVED ON TIME.

36. ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE TIME AND PLACE OF THE TENDER. ONLY OFFERS THAT ARE RESPONSIVE TO THIS TENDER WILL BE CONSIDERED. NO NEGOTIATION WILL BE PERMITTED IN ACCORDANCE WITH FFP REGULATIONS. CHARTERERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS. U.S. FLAG OFFERS SUBJECT OPEN WILL BE CONSIDERED IF SUBJECT OPEN RESTRICTION IS LIFTED PRIOR TO 1100 HOURS, WASHINGTON, DC TIME ON TUESDAY, 12 JULY 2005. NON-US FLAG OFFERS WITH SUBJECT OPEN WILL NOT BE CONSIDERED.

37. ALL OFFERS AND SUBSEQUENT AWARDS WILL BE SUBJECT TO FFP REGULATIONS PURSUANT THERETO.

38. IN CASE OF CLAIMS FOR LOSS, DAMAGE OR SHRINKAGE IN TRANSIT, OR ANY OTHER CLAIMS AGAINST THE CARRIER, THE RULES AND CONDITIONS GOVERNING COMMERCIAL SHIPMENTS AND PROVISIONS OF THE CARRIAGE OF GOODS BY SEA ACT OF 1936 SHALL NOT APPLY AS TO THE PERIOD WITHIN WHICH NOTICE THEREOF SHALL BE GIVEN THE CARRIERS OR TO PERIOD WITHIN WHICH CLAIM THEREFORE SHALL BE MADE OR SUIT INSTITUTED.

39. THE U.S. DEPARTMENT OF AGRICULTURE, KANSAS CITY COMMODITY OFFICES GUIDELINES FOR CLAIMS FOR OVER, SHORT AND DAMAGED CARGO DOCUMENTATION DATED NOVEMBER 1, 1988 IS FULLY INCORPORATED IN THIS CONTRACT.

40. THE PERFORMING VESSEL AND ANY LIGHTERAGE VESSELS UTILIZED MUST COMPLY WITH THE FEDERATION OF OILS, SEEDS AND FATS ASSOCIATION LTD. (FOSFA) "OPERATIONAL PROCEDURES FOR ALL SHIPS ENGAGED IN THE OCEAN AND SHORT SEA CARRIAGE OF OILS AND FATS FOR EDIBLE AND OLEO-CHEMICAL USE."

41. COMMISSIONS: IF OWNER OFFERS DIRECTLY TO CHARTERER, A COMMISSION OF 2.5% ON FREIGHT, DEADFREIGHT AND DEMURRAGE IS PAYABLE TO PANALPINA INC. WASHINGTON. IF OWNER OFFERS THROUGH A BROKER THEN 2/3RD OF 2.5% ON FREIGHT, DEADFREIGHT, AND DEMURRAGE SHALL BE PAYABLE TO PANALPINA INC. WASHINGTON AND BALANCE 1/3RD OF 2.5% SHALL BE PAYABLE TO THE SAID OWNERS BROKER.

END