Uganda Award05-041B

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05-041B Award
Oct. 12, 2005

FETTIG AND DONALTY INC ANNOUNCE UGANDA FFP 05-041B FREIGHT TENDER RESULTS

ACCOUNT:    LAND O' LAKES, INC
OWNERS:    WILSON SHIPPING, INC.
VESSEL:    U.S. FLAG "WILSON"
CARGO:    11,100 MT MIN/MAX BULK WHEAT
LOAD:        1/2 SB EACH 1/2 SP U.S. GULF
LAYDAYS:    OCTOBER 15-25, 2005
DISCHARGE:    MOMBASA, KENYA
FREIGHT:    USD 259.75 PER MT OCEAN TRANSPORT INCL BULK DISCHARGE
        USD 11.00 PER MT ADDITIONAL FOR BAGGING SERVICES
TERMS:    SCALE GROSS LOAD / FBT DISCHARGE INCL BAGGING

FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC. AT
202-628-5700

05-041B Amendment
September 22, 2005

FETTIG & DONALTY, INC., AS AGENTS FOR LAND O LAKES, INC. ISSUE TENDER
AMENDMENT TO IFB: UGANDA-FFP-05-041 FOR 11,100 MT HRW BULK WHEAT FOR UGANDA:

FOR U.S. FLAG OFFERS THAT ARE SUBJECT OPEN, THE SUBJECT OPEN MUST BE
LIFTED BY 1500 HRS SEPTEMBER 26, 2005

ALL OTHER TERMS AND CONDITIONS AS PER TENDER DATED SEPT 19, 2005.
FOR FURTHER INFORMATION CALL FETTIG & DONALTY AT 202-628-5700.
ISSUED SEPT 22, 2005

05-041B Tender
Sept. 19, 2005


FETTIG AND DONALTY INC ANNOUNCE LAND O LAKES INC FREIGHT TENDER FOR BULK
WHEAT TO MOMBASA (UGANDA FOOD FOR PROGRESS PROGRAM)

FETTIG AND DONALTY, INC., AS AGENTS FOR LAND O LAKES, INC., REQUESTS OFFERS
OF U.S. AND NON-U.S. FLAG VESSELS TO TRANSPORT THE FOLLOWING FOOD FOR
PROGRESS CARGO:

IFB NUMBER: UGANDA-FFP-05-041B
F&D REF NO.: LOL8

11,100 MT MIN/MAX HRW WHEAT IN BULK PLUS EMPTY BAGS
EMPTY BAGS TO BE CARRIED FREE OF FREIGHT.

- LOADPORT: 1/2 SB EA 1/2 SP ALL U.S. COASTAL RANGES
- DISCHARGE PORT/BERTH: MOMBASA, KENYA GRAIN BULK HANDLERS LTD GRAIN
TERMINAL. CARRIER TO PROVIDE UPTO 30 DAYS FREE STORAGE, AT CHOPT, AT GBH
TERMINAL AT CARRIER'S EXPENSE.
ANY PART CARGO SUBJECT TO CHARTERERS APPROVAL AND MUST BE DULY SEPARATED
(NATURAL SEPARATIONS PREFERRED, IF ARTIFICIAL, SAME TO BE APPROVED BY NCB)
COMPATIBLE AND NON-INJURIOUS TO LAND O LAKES, INCS (LOL) FFP CARGO AND
MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER
FIXTURE OF LOLS FFP 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 UNDULY IMPEDE DELIVERY OF
CARGO TO MOMBASA. IN ANY CASE, MOMBASA TO BE FIRST PORT OF DISCHARGE (FIRST
OUT).

- LAYDAYS: OCTOBER 15-25, 2005
- VESSEL OWNERS TO GIVE A 14-DAY PRE-ADVICE OF VESSEL'S ETA AT THE LOAD
RANGE. SUCH PRE-ADVICE TO BE GIVEN ON A BUSINESS DAY NOT LATER THAN NOON ON
THE DAY OF SAID NOTICE.
- VESSEL TYPE EXCLUSION: TUG-BARGES ARE EXCLUDED. INTEGRATED TUG/BARGE UNITS
WILL BE CONSIDERED. IF REQUIRED, TANKERS TO LIGHTEN FULLY INTO SUITABLE BULK
CARRIERS FOR DELIVERY TO RECEIVER'S BERTH. IF ANY LIGHTENING REQUIRED, SAME
TO BE FOR OWNERS' TIME, RISK AND EXPENSE. ANY DAUGHTER VESSEL MUST BE A BULK
CARRIER, CERTIFIED AS FIT FOR RECEIPT AND CARRIAGE OF THE CARGO BY A FIRST
CLASS INDEPENDENT SURVEYOR, AND MEETING PORT'S DRAFT/LOA RESTRICTIONS.
NON-U.S. FLAG VESSELS SHOULD NOT BE OLDER THAN 20 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.
- 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, AND IF PROVIDED NEEDLES AND TWINE, WILL BE TRANSPORTED ON VESSEL
TO DESTINATION FREIGHT FREE.
OWNER'S TO PROVIDE CHARTERERS 25, 21, 20, 18,16,14 AND THEN DAILY DAYS
NOTICE OF VESSEL ARRIVAL MOMBASA.
------------------------------------------------------------------------
CARGO IS TO BE BAGGED EX GBH TERMINAL AT DISCHARGE PORT AT OWNER'S TIME,
RISK AND EXPENSE TO FREE ON TRUCK/RAIL EX GBH TERMINAL.
- BAGGING OF CARGO AT DISCHARGE PORT AT OWNERS' TIME, RISK AND EXPENSE.
OWNER IS TO ADVISE CHARTERER OF THE METHOD OF BAGGING (HAND BAGGING NOT
PERMISSIBLE), BAGGING RATE AND NAME OF BAGGING CONTRACTOR PRIOR TO FIXTURE.
HOWEVER, IF HAND BAGGING IS PERFORMED IN BREACH OF CONTRACT, THE BAGGING
RATE TO BE REDUCED TO USD 1.00 PER METRIC TON. BAGGING CONTRACTOR TO BE
SUBJECT TO CHARTERER'S APPROVAL.
- OWNER TO PROVIDE SEPARATE RATE FOR:
(A) OCEAN TRANSPORTATION (INCLUDING BULK DISCHARGE AND UPTO 30 DAYS
STORAGE AT CHOPT AT GBH TERMINAL FOR OWNERS ACCOUNT).
(B) BAGGING SERVICES INCLUDING FREE ON TRUCK/RAIL AT DISCHARGE PORT EX
GRAIN BULK HANDLERS LTD. TERMINAL.
- LOADING TERMS: THE CARGO HAS 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, SATURDAYS, SUNDAYS AND
HOLIDAYS EXCEPTED, EVEN IF USED.
.
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
40,000 - 49,999.99 MT 10,000 MT PER DAY
50,000 MT AND ABOVE 12,000 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 MT AND ABOVE 7,500 MT PER DAY
.
TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
LASH/SEABEE BARGES: THE LOAD GUARANTEE SHALL NOT APPLY.
.
- DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD PORT AND OWNERS ARE TO SPECIFY
DEMURRAGE/DESPATCH RATES IN THEIR OFFER. DESPATCH RATES MUST BE ONE-HALF OF
DEMURRAGE RATES QUOTED.
- LOADPORT LAYTIME CLAUSE IS AS FOLLOWS:
QUOTE
LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY
SUPPLIER(S) AT THE LOADPORT(S). LAYTIME CALCULATION, OVERTIME AND TRIMMING
TO BE IN ACCORDANCE WITH ADDENDUM #1 OF THE NORTH AMERICAN EXPORT GRAIN
ASSOCIATION INC.'S F.O.B. CONTRACT NO.2 (REVISED AS OF MAY 1, 2000) CLAUSES
NOS. 1 - 10 INCLUSIVE (HEREINAFTER "N.A.E.G.A.") REGARDLESS OF THE TYPE OF
VESSEL. FURTHER, THE FOLLOWING MODIFICATION TO N.A.E.G.A. WILL APPLY:
ANYWHERE THE WORD "BUYER" APPEARS, THE WORDS "VESSEL OWNER" SHALL BE
SUBSTITUTED IN ITS PLACE. UNDER NO CIRCUMSTANCES SHALL THE 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 AMERICAN ARBITRATION ASSOCIATION (AAA).
UNQUOTE
- FUMIGATION CLAUSE:
VESSEL MUST BE ABLE TO BE FUMIGATED WITH ALUMINUM PHOSPHIDE IN ACCORDANCE
WITH THE REQUIREMENTS IN THE FGIS FUMIGATION HANDBOOK FOR IN-TRANSIT
FUMIGATION. THE ENTIRE CARGO TO BE FUMIGATED FOLLOWING COMPLETION OF
LOADING AT VESSEL'S FINAL LOAD BERTH BY THE GRAIN SUPPLIER AT GRAIN
SUPPLIER'S EXPENSE. THE RE-CIRCULATION METHOD OF FUMIGATION WILL BE
UTILIZED FOR U.S. AND NON-U.S. BULK CARRIERS (INCLUDING ITB'S) AND
TWEEN-DECKERS. TWEEN-DECKERS WILL ONLY BE CONSIDERED PROVIDED THAT AN FGIS
LICENSED FUMIGATOR HAS PROVIDED WRITTEN ACCEPTANCE AND FGIS HAS PROVIDED A
LETTER STATING THAT VESSEL HAS BEEN PRE-APPROVED FOR THE RE-CIRCULATION
IN-TRANSIT METHOD. 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. ANY ADDITIONAL TIME SPENT TO
ACCOMMODATE FGIS REQUIREMENTS FOR FUMIGATION WILL BE FOR THE ACCOUNT OF
OWNERS. DUST RETAINERS MUST BE USED.
- 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, FUMIGATION COSTS IF ANY ARE FOR OWNER'S (VESSEL'S)
ACCOUNT.
- DISCHARGE TERMS: FULL BERTH TERMS ALL INCLUSIVE, NO DEMURRAGE/NO
DESPATCH/NO DETENTION INCLUDING UPTO 30 DAYS STORAGE AT GBH TERMINAL AND
BAGGING SERVICES INCLUDING FREE ON TRUCK/RAIL EX GRAIN BULK HANDLERS LTD.
TERMINAL ALL FOR OWNERSS ACCOUNT. VESSEL TO PROVIDE GEAR AS REQUIRED TO
PERFORM DISCHARGE.
- IF OWNERS FAIL TO TENDER VESSEL WITHIN THE LAYDAYS, AND WHETHER OR NOT THE
OPTION TO CANCEL THE CHARTER PARTY IS EXERCISED. THE OWNERS ARE TO BE FULLY
RESPONSIBLE FOR ALL CHARGES ATTRIBUTABLE TO THE FAILURE TO TENDER BEFORE THE
CANCELING DATE OF THE CHARTER, WHETHER ACCRUING TO CHARTERER OR TO THE
UNITED STATES GOVERNMENT AS DONOR, INCLUDING BUT NOT LIMITED TO
RE-PROCUREMENT EXPENSES, GRAIN CARRYING CHARGES COVERING INTEREST, STORAGE,
INSURANCE, AND FUMIGATION. IN WHICH CASE IT WILL BE A CONDITION OF PAYMENT
OF FREIGHT THAT OWNERS SUBMIT AS PART OF THEIR DOCUMENTATION "PAID" INVOICES
FROM THE SUPPLIER FOR CARRYING CHARGES OR A CERTIFICATION FROM THE SUPPLIER
THAT CARRYING CHARGES DID NOT ACCRUE.
-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.
- THE UNITED STATES DEPARTMENT OF AGRICULTURE/KANSAS CITY COMMODITY OFFICE'S
GUIDELINES FOR CLAIMS FOR OVER, SHORT AND DAMAGED CARGO DOCUMENTATION TO BE
FULLY INCORPORATED IN THE C/P.
- 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) ARE NOT DISQUALIFIED TO CARRY THIS CARGO.
- CARGO PREFERENCE COMPLIANCE WILL BE IN ACCORDANCE WITH THE MARITIME
ADMINISTRATION'S JAN 8, 2003 LETTER.
-ISM /ISPS:
CARRIER/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 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.
- FOR NON-U.S. FLAG OFFERS, ONLY FIRM OFFERS WILL BE CONSIDERED. FOR U.S.
FLAG OFFERS THAT ARE SUBJECT OPEN, THE SUBJECT OPEN MUST BE LIFTED BY
1600 HRS SEPTEMBER 26, 2005
-OFFERS RECEIVED AFTER 1100 HRS. WASHINGTON, D.C. TIME SEPTEMBER 26, 2005
WILL NOT BE CONSIDERED. OFFERS TO REMAIN VALID UNTIL 1700 HRS. WASHINGTON
D.C TIME SEPTEMBER 27, 2005
-ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. UPON TENDER CLOSING 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 OF APPLICABLE LAND O LAKES, INC. UGANDA
FOOD FOR PROGRESS PROGRAM CHARTER PARTY PROFORMA, COPIES OF WHICH ARE
AVAILABLE FROM FETTIG & DONALTY.
- OFFERS MUST INCLUDE:
- FULL STYLE OF CARRIER OFFERING
- VESSEL NAME/TYPE/FLAG/YEAR ETC.
- ETA LOADPORT AND DISCHARGE PORT
- OCEAN FREIGHT RATE TO BE IN U.S. DOLLARS PER METRIC TON AND
MUST BE ALL INCLUSIVE.
ONLY SEALED HAND-DELIVERED, OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING
TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED.
FOR FURTHER INFORMATION, CALL FETTIG AND DONALTY, INC. WASHINGTON, D.C.,
202-628-5700. FAX 202-639-8276
FETTIG & DONALTY, INC
1225 EYE STREET NW SUITE 1200
WASHINGTON DC 20005
ISSUED SEPTEMBER 19, 2005