Uganda Award05-039B
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05-039B Award
September 26, 2005
IFB No. UG-FINCA-05-039B
Charterer: FINCA International
1. Owner: IMC Maritime Group
Vessel: Hong Kong Flag ALCINOE
Cargo: 10,900 MT Min/Max Blk Wheat (plus empty bags to be carried freight free)
Loading: 1/2 SB 1/2 SP U.S. Gulf
Discharging: Mombasa, Kenya - Grain Bulk Handler's Ltd (GBHL) Grain terminal
Laydays: November 1-10, 2005
Dem/Des: $11,000/HD at loadport
Frt Rate:
$83.50 per MT basis one load berth/one loadport
Plus $25,000 Lumpsum for second load berth if used
Plus $110,000 Lumpsum for second load if used
Plus $7.00 per MT on entire cargo for bulk discharge
Plus $10.00 per MT on entire cargo for bagging services, including free on
truck/rail at discharge port ex Grain Bulk Handler's Ltd. terminal
30 days free storage at GBHL Terminal is included in above rates.
2. Owner: Sealift, Inc.
Vessel: U.S. Flag S/S CLEVELAND
Cargo: 10,900 MT Min/Max Blk Wheat (plus empty bags to be carried freight free
Loading: 1/2 SB 1/2 SP U.S. Gulf
Discharging: Mombasa, Kenya - Grain Bulk Handler's Ltd (GBHL) Grain Terminal
Laydays: December 20-30, 2005
Dem/Des: $12,000/HD at loadport
Frt Rate:
$160.35 per MT Basis loading at ADM Elevator at Galveston, TX
Plus $2.00 per MT on entire cargo if loading Houston Cargill
Plus $10.00 per MT on entire cargo if loading in the Mississippi River
Plus $3.00 per MT on entire cargo if loading Myrtle Grove
Plus $5.00 per MT on entire cargo for each additional load berth if used
Plus $15.00 per MT on entire cargo for each additional load port, if used
Plus $9.00 per MT on entire cargo for Bulk Discharge
Plus $15.00 per MT on entire cargo for bagging services, including free on
truck/rail at discharge port ex Grain Bulk Handler's Ltd. Terminal. This rate
includes 30 days free storage at GBHL Terminal
05-039B Amendment
September 15, 2005
Freight Tender Amendment FINCA / Food For Progress / Bulk Wheat For Uganda
UNIVERSAL SHIPPING COMPANY, INC. AS AGENT FOR FINCA INTERNATIONAL AMENDS FREIGHT
TENDER IFB NO. UG-FINCA-05-039B ISSUED SEPTEMBER 12, 2005 TO INCLUDE THE
FOLLOWING:
VESSEL OWNER TO PROVIDE 30 DAYS FREE STORAGE AT GBHL TERMINAL AT VESSEL OWNERS
TIME, RISK AND EXPENSE. THIS ADDITIONAL CONDITION SHOULD BE INCLUDED IN THE
FREIGHT RATE.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
05-039B Tender
September 12, 2005
Uganda
Freight Tender: FINCA / Food For Progress / Bulk Wheat for Uganda
UNIVERSAL SHIPPING COMPANY, INC. AS AGENT FOR FINCA INTERNATIONAL, REQUESTS
OFFERS OF U.S. AND NON U.S. FLAG GEARED AND GEARLESS VESSELS TO LIFT THE
FOLLOWING CARGO UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
1. IFB No. UG-FINCA-05-039B
2. COMMODITY: WHEAT IN BULK
3. QUANTITIES/LAYDAYS:
-A. 10,900 MT WHEAT IN BULK LAYDAYS: NOVEMBER 1-10, 2005
B. 10,900 MT WHEAT IN BULK LAYDAYS: DECEMBER 20-30, 2005
OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN THE
EVENT THAT THE QUANTITIES PURCHASED ARE MORE OR LESS THAN THE QUANTITIES STATED
IN THIS TENDER. CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.
-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.
-WHEAT IS TO BE ACCOMPANIED WITH EMPTY BAGS TO BE
CARRIED FREIGHT FREE. EMPTY BAGS ARE TO BE DELIVERED TO
OWNERS OR THEIR APPOINTED AGENTS FREE ALONGSIDE (F.A.S.)
POINT OF REST (UNDER COVER) AT OWNERS DESIGNATED LOAD BERTH.
OWNERS ARE TO NOMINATE LOAD BERTH(S) FOR THE EMPTY BAGS
WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIPT OF CHARTERERS
NOMINATION OF LOAD PORT(S) FOR THE CARGO.
OWNERS DESIGNATED LOAD BERTH MUST PROVIDE A POINT OF REST
WITH UNDER COVER PROTECTION FROM THE WEATHER FOR THE EMPTY
BAGS. OWNERS WILL BE RESPONSIBLE FOR ANY/AND ALL COSTS
ASSOCIATED WITH PLACING THE EMPTY BAGS ABOARD THE VESSEL FROM
THEIR F.A.S. POINT OF REST (UNDER COVER). EMPTY BAGS WILL BE
TRANSPORTED ON VESSEL TO DESTINATION(S)FREIGHT FREE.
-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.
-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. LOADPORT: 1/2 SAFE BERTH(S) EACH 1/2 SAFE U.S. PORT(S) OR
CANADIAN TRANSHIPMENT POINTS.
5. DISCHARGE PORT: MOMBASA, KENYA - GRAIN BULK HANDLERS LTD
(GBHL) GRAIN TERMINAL.
CARGO IS TO BE BAGGED EX GBHL TERMINAL AT DISCHARGE PORT AT
OWNERS TIME, RISK AND EXPENSE TO FREE ON TRUCK/RAIL EX GBHL
TERMINAL.
THE VESSEL OWNER IS TO BE FULLY RESPONSIBLE FOR THE CARGO DURING THE ENTIRE
PROCESS OF DISCHARGING AND BAGGING.
IT IS OWNERS SOLE RESPONSIBILITY FOR VESSEL MEETING ALL BERTH RESTRICTIONS AT
THE DISCHARGE PORT(S). ANY LIGHTENING REQUIRED AS A RESULT OF VESSELS FAILURE
TO MEET BERTH RESTRICTIONS AT THE DISCHARGE PORT(S) IS FOR OWNERS TIME, RISK
AND EXPENSE.
6. 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
30,000 - 39,999.99 MT 7,500 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-AND ABOVE 7,500 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 INCLUSIVE. NO DEMURRAGE, NO DESPATCH,
NO DETENTION. CARGO IS TO BE BAGGED AT GBHL GRAIN TERMINAL AT OWNERS TIME, RISK,
AND EXPENSE AND DELIVERED TO RECEIVERS FREE ON RAIL AND/OR FREE ON TRUCKS EX
GBHL GRAIN TERMINAL IN ACCORDANCE WITH RECEIVERS INSTRUCTIONS.
OWNERS TO PROVIDE LABOR, NEEDLES, TWINE, AND ALL NECESSARY EQUIPMENT FOR BAGGING
AND LOADING. OWNER IS TO ADVISE CHARTERER OF THE METHOD OF BAGGING (HAND BAGGING
NOT PERMISSIBLE), BAGGING RATE AND NAME OF BAGGING CONTRACTOR PRIOR TO FIXTURE.
BAGGING CONTRACTOR TO BE SUBJECT TO CHARTERERS APPROVAL. IF HAND BAGGING IS
PERFORMED IN BREACH OF CONTRACT, THE BAGGING RATE TO BE REDUCED TO USD 1.00 PER
METRIC TON.
(C )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.
(D) 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 OR CCC 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.
7. VESSEL TYPE RESTRICTIONS: TOWED BARGES ARE EXCLUDED.
INTEGRATED TUG/BARGE (ITB) UNITS WILL BE CONSIDERED.
8. VESSEL GEAR REQUIREMENTS: VESSEL MUST BE CAPABLE OF SELF-DISCHARGE WITH
VESSELS GEAR OR OWNER-SUPPLIED SHORESIDE GEAR.
DISCHARGING EQUIPMENT MUST MEET ALL REQUIREMENTS AND REGULATIONS OF THE
APPLICABLE PORT AUTHORITIES.
MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES
ARE REQUIRED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL'S CREW
FREE OF CHARGE TO CHARTERERS.
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.
OWNERS OF INTEGRATED TUG-BARGE MUST ALSO HAVE TOW ARRANGEMENT DULY INSPECTED AND
CERTIFIED BY THE SALVAGE ASSOCIATIONS INSPECTOR AT OWNERS EXPENSE.
9. LIGHTENING, IF REQUIRED, TO BE AT VESSEL OWNERS TIME RISK AND
EXPENSE. LIGHTENING, IF REQUIRED, IS TO BE PERFORMED IN THE PORT OF MOMBASA
ONLY. LIGHTENING VESSEL(S) MUST MEET ALL TENDER AND MOMBASA PORT AUTHORITY
REQUIREMENTS. COST OF LIGHTENING TO BE STIPULATED IN THE OFFER (REFER TO CLAUSE
67 OF PROFORMA C/P). IN THE EVENT LIGHTENING IS NOT PERFORMED AT THE DISCHARGE
PORT, SAID LIGHTENING COSTS SHALL BE DEDUCTED FROM THE FREIGHT.
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. FREIGHT RATE TO BE QUOTED PER METRIC TON BASIS VESSEL
LOAD/BERTH TERMS DISCHARGE ONE LOADING PORT TO ONE DISCHARGING PORT. ADDITIONAL
FREIGHT CHARGE MUST BE STATED FOR ADDITIONAL LOADING PORT(S)/BERTHS AND WILL BE
CONSIDERED IN DETERMINING LOWEST LANDED COST IN THOSE SITUATIONS WHERE
COMMODITIES ARE LIKELY TO BE LOADED AT MORE THAN ONE PORT.
OWNER TO PROVIDE BREAKDOWN OF FREIGHT RATE AS FOLLOWS:
(A) OCEAN TRANSPORTATION
(B) BULK DISCHARGE
(C ) BAGGING SERVICES
13. FREIGHT OFFERS SHOULD NOT CONTAIN A "DETENTION RATE". FREIGHT
OFFERS WILL NOT BE CONSIDERED NON RESPONSIVE SOLELY BECAUSE A DETENTION RATE WAS
GIVEN HOWEVER THE RELATED CHARTER PARTIES AND LINER BOOKING CONTRACTS MAY NOT
CONTAIN A DETENTION RATE.
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. CARGO SHALL NOT BE LOADED INTO DEEP/WING TANKS AND OTHER
SPACES WHICH ARE NOT DIRECTLY ACCESSIBLE TO GRAB DISCHARGE.
19. 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.
20. 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.
21. OFFERS OF NAMED VESSELS ONLY, NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT CHARTERER'S/USDA'S APPROVAL.
22. 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.
23. 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.
24. 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).
25. 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 PORT
D. LOAD/DISCHARGE RATE
E. LAYDAYS
F. ETA AT LOAD PORT
G. FREIGHT RATE PER MT AND ADDITIONAL FREIGHT FOR
ADDITIONAL PORT(S)/BERTH
H. DEMURRAGE-DESPATCH
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.
26. 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.
27. OFFERS MUST BE SUBMITTED BASIS CURRENT FINCA INTERNATIONAL
PROFORMA CHARTER PARTY FOR FOOD FOR PROGRESS BULK WHEAT (VESSEL LOAD/BERTH TERMS
DISCHARGE WITH BAGGING AT DISCHARGE PORT) FOR UGANDA ADAPTED SEPTEMBER 2005) AND
THIS IFB.
28. FREIGHT PAYMENT:
PLEASE NOTE PROVISION IN CHARTER PARTY CLAUSE 32 REGARDING PAYMENT BY ELECTRONIC
TRANSFER.
29. 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.
30. 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 19, 2005, AND REMAIN VALID UNTIL CLOSE OF BUSINESS WASHINGTON, D.C.
TIME, WEDNESDAY, SEPTEMBER 21, 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 20, 2005.