Kenya Award05-079B

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05-079B Award
April 10, 2006

Freight Tender Results: BKA Logistics, TNS, Kenya (04/07/06).
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BKA LOGISTICS LLC., FOR AND ON BEHALF OF TECHNOSERVE (TNS), ANNOUNCES THE RESULTS OF TENDER DATED DEC 07, 2005 (IFB NO: KEN-TNS-FFP-05-079B):
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CARGO: APPROX 20,580 MT HARD RED WINTER WHEAT, IN BULK
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.
LAYCAN: DEC 29, 2005 JAN 09, 2006
LOADING: 1/2 SAFE BERTHS EACH 1/2 SAFE PORT(S) ANY U.S. RANGE. 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). FOR OFFERS BASIS U.S. GREAT LAKES UTILIZING FEEDER VESSELS, OFFER TO INCLUDE NAME AND DETAILS OF FEEDER VESSELS.
DISPORT: 1 / 2 SAFE BERTHS MOMBASA, KENYA.
(INTENTION: GRAIN BULK HANDLERS LTD TERMINAL)
CARRIER: LIBERTY EAGLE SHIPPING
VESSEL: LIBERTY EAGLE - USA FLAG
RATE: USD 88.96 PER GMT BSS 1 TO 1 EX MISS RIVER;
PLUS LUMPSUM USD 75,000 EACH ADDTL LOADBERTH, IF
USED; PLUS LUMPSUM USD 175,000 EACH ADDTL LOADPORT,
IF USED.
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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C. 20006. PHONE: 202-331-7395; TELEFAX: 202-331-7735; E-MAIL: JAMES.MEAD@BKALOGISTICS.NET OR MARK.MILLARD@BKALOGISTICS.NET
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05-079B Kenya Tender
December 8, 2005

Freight Tender: BKA Logistics, Wheat, TNS KENYA (12/07/05).
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BKA LOGISTICS LLC., FOR AND ON BEHALF OF TECHNOSERVE (TNS), REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF HARD RED SPRING WHEAT, IN BULK, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
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IFB NO: KEN-TNS-FFP-05-079B.
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CARGO: APPROX 20,580 MT HARD RED WINTER WHEAT, IN BULK
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.
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LAYCAN: DEC 29, 2005 JAN 09, 2006
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LOADING: 1/2 SAFE BERTHS EACH 1/2 SAFE PORT(S) ANY U.S. RANGE. 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). FOR OFFERS BASIS U.S. GREAT LAKES UTILIZING FEEDER VESSELS, OFFER TO INCLUDE NAME AND DETAILS OF FEEDER VESSELS.
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DISPORT: 1 / 2 SAFE BERTHS MOMBASA, KENYA.
(INTENTION: GRAIN BULK HANDLERS LTD TERMINAL)
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LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY
DESPATCH AT THE AVERAGE RATE AS PROVIDED BELOW BASED ON VESSELS
CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER
WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS
EXCEPTED, EVEN IF USED. SATURDAYS AS PER THE BFC SATURDAY CLAUSE.
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BULK CARRIERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
--------------------- --------------------
0 9,999.99 MT 4,000 MT PER DAY
10,000.00 19,999.99 MT 5,000 MT PER DAY
20,000.00 29,999.99 MT 6,000 MT PER DAY
30,000.00 39,999.99 MT 7,500 MT PER DAY
40,000.00 49,999.99 MT 10,000 MT PER DAY
50,000.00 MT AND ABOVE 12,000 MT PER DAY
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TANKERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
----------------------- -----------------------
0 9,999.99 MT 4,000 MT PER DAY
10,000.00 19,999.99 MT 5,000 MT PER DAY
20,000.00 29,999.99 MT 6,000 MT PER DAY
30,000.00 MT AND ABOVE 7,500 MT PER DAY
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TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
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DISCHARING TERMS: THE CARGO TO BE DISCHARGED, FREE OF RISK
AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE
RATE OF 4,000 TONS OF 2204.6 POUNDS FOR BULK CARRIERS AND 1,500 TONS OF
2204.6 POUNDS FOR TWEENDECKERS/TANKERS PER WEATHER WORKING DAYS OF
24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF
USED WWDSSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY.
DISCHARGE GUARANTEE SHALL NOT APPLY ON LASH/SEABEE BARGES. CHARTERER /
RECEIVERS TO APPOINT AND PAY FOR STEVEDORES AT PORT OF DISCHARGE.
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DEMURRAGE / DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS.
OWNERS ARE TO SPECIFY THEIR DEM/DES RATES IN THEIR OFFER, DESPATCH
RATES MUST BE ONE-HALF OF DEMURRAGE RATES AS QUOTED.
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LAYTIME IS NON-REVERSIBLE. 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 WITH ADDENDUM NO 1 OF THE NORTH AMERICAN EXPORT
GRAIN ASSOCIATIONS FOB CONTRACT NO 2 (REVISED AS OF MAY 1, 2000)
CLAUSE NOS 1-10 INCLUSIVE (HEREINAFTER REFERRED TO AS
NAEGA) REGARDLESS OF VESSEL TYPE. FURTHER, THE FOLLOWING
MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD BUYER
APPEARS, THE WORDS VESSEL OWNER IS TO BE SUBSTITUTED. UNDER
NO CIRCUMSTANCE SHALL CHARTERERS OR USDA/CCC BE RESPONSIBLE
FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME
OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL
OWNER AND COMMODITY SUPPLIER. ANY/ALL DISPUTES BETWEEN
VESSEL OWNER AND SUPPLIER ARISING OUT OF THE CONTRACT
RELATING TO THE SETTLEMENT OF LAYTIME ISSUES SHALL BE
ARBITRATED IN NEW YORK IN ACCORDANCE WITH THE INTL ARBITRATION RULES
OF THE AMERICAN ARBITRATION ASSOCIATION.
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DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY
BETWEEN CHARTERER AND VESSEL OWNER. VESSEL OWNER IS TO
PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT
TO CHARTERERS AGENT BKA LOGISTICS FOR APPROVAL WITHIN THIRTY
(30) DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF
READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED
ON BEHALF OF CHARTERERS AND VESSEL OWNERS, ARE TO BE
PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT .
USDA/CCC SHALL NOT BE RESPONSIBLE FOR RESOLVING DISPUTES
INVOLVING CALCULATION OF LAYTIME OR THE PAYMENT OF
DEMURRAGE OR DESPATCH BETWEEN CHARTER AND VESSEL OWNERS.
ANY/ALL DISPUTES BETWEEN CHARTERER AND VESSEL OWNER 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.
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VESSEL TYPE RESTRICTIONS: TOWED BARGES AND ITB UNITS WILL BE
CONSIDERED. TANKERS (U.S. FLAG ONLY) WILL BE CONSIDERED.
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FOREIGN FLAG VESSELS SHOULD NOT BE OLDER THAN 20 YEARS AND
MUST BE CLASSED HIGHEST IN LLOYDS REGISTER OR ITS EQUIVALENT DATE OF
ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA
INSURANCE ON ACOUNT OF VESSELS AGE, FLAG, OWNERSHIP, TYPE,
CONFIGURATION OR CLASSIFICATION WILL BE FOR OWNERS ACCOUNT, BUT NOT
EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND LONDON RATES
FOR NON-US FLAG VESSELS. NVOCCS MAY NOT BE EMPLOYED TO CARRY U.S.
FLAG OR FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND
ITBS, OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE
FROM NCB CERTIFYING THAT VESSELS HATCH COVERS AND ANY OTHER
OPENINGS LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO
PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO SPACES.
COST OF SEALING AND SPECIAL SURVEY ARE FOR ACCOUNT OF OWNER
AND IN NO WAY DIMINISHES OWNERS LIABILITY AND RESPONSIBILITIES
TOWARD THE CARGO.
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SPECIAL NOTE 1: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE
PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE
ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.
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VESSEL GEAR REQUIREMENTS: CARGO TO BE DISCHARGED BY RECEIVER BY MEANS
OF MARINE LEGS. VESSEL(S) TO POSSESS EITHER CRANE(S) OR DERRICK(S) WITH
MINIMUM 5 MT SWL TO UPHOLD APPARATUS, AS NECESSARY, DURING DISCHARGE
OPERATIONS. ANY TIME LOST AS A RESULT OF BREAKDOWN OF VESSELS GEAR TO
BE EXCLUDED FROM LAYTIME USED. OPENING AND CLOSING OF HATCHES TO BE
CARRIED OUT BY VESSELS CREW FREE OF CHARGE TO CHARTERERS. MECHANICAL
OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE
REQUIRED.
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OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT
WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT (INDICATIONS, WOG, 10 METERS).
IF VESSELS DRAFT EXCEEDS SUCH DRAFT, OWNERS TO BE FULLY RESPONSIBLE FOR
ANY AND ALL COSTS INCURRED IN REACHING SAFE DRAFT. LIGHTENING, IF ANY,
TO BE PERFORMED IN THE TERRITORIAL WATERS OF KENYA.
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VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT, IN ACCORDANCE WITH USDA/FGIS HANDBOOK AND PROGRAM NOTICE FGIS-PN-05-02 DATED JAN 7 2005, 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. 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. TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND TO BE SUITABLE FOR IN-TRANSIT FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
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- OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE
OF TONNAGES TO ACCOMMODATE PROGRAM NEEDS.
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- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED,
MUST BE COMPATIBLE AND NON-INJURIOUS TO TNSS CARGO, MUST
BE DETAILED IN OFFER OR APPROVED BY TNS/USDA IF CONTRACTED
AFTER FIXTURE OF TNS CARGO. VESSELS ITINERARY AND
GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN
INTO CONSIDERATION BY TNS/USDA IN APPROVAL OF SUCH PART
CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF TNSS
CARGO TO DISCHARGE PORT(S).
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- OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A
CANCELLING DATE NO LATER THAN THE LAST CONTRACT LAYDAY AS
ABOVE. VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE
BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.
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- OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT TNS/USDA APPROVAL.
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- OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP
AND PORT FACILITIES SECURITY CODE (ISPS). UPON REQUEST, OWNERS TO
PROVIDE CHARTERERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE
(DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARAD 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
VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.
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- OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND (ISPS) CODE. FULL
CLAUSE PROVIDED IN PROFORMA CHARTER PARTY.
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- 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 GOVERNMENT IMPELLED (PREFERENCE) CARGO, OFFEROR MUST WARRANT THAT VESSEL(S) AND OPERATOR/OWNER ARE NOT DISQUALIFIED TO CARRY SUCH CARGO(ES).
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- OWNERS TO PROVIDE FOURTEEN (14) DAY PREADVICE OF VESSEL READINESS TO LOAD. PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF BKA LOGISTICS PRIOR TO 1100 HRS WASHIONGTON DC TIME ON REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON THAT DAY. IF PREADVICE IS RECEIVED LATER THAN 1100 HRS WASHINGTON DC TIME ON REGULAR BUSINESS DAY OR- ON WEEKENDS / HOLIDAYS THEN PREADVICE NOTICE WILL BE CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY. IN ADDITION TO SENDING PREADVICE NOTICE TO BKA AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE TO USDA / KCCO BULK COMMODITIES DIVISION, FAX NO 816-823-2586.
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ONE-WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES
FOR U.S. FLAG NON-LINER VESSELS WHOSE DATE OF ORIGINAL
CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.
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APPROVED U.S. FLAG RATES WILL BE REDUCED TO A LEVEL NO HIGHER
THAN THE MARITIME ADMINISTRATIONS 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).
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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 MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE
DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.
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U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR
HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSELS
COSTS PRIOR TO SUBMISSION OF OFFER.
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OFFERORS ARE ENCOURAGED TO PROVIDE THE FOLLOWING
INFORMATION: VESSEL NAME / TYPE / FLAG / YEAR BUILT / LOA / BEAM /
DWT / DRAFT / GEAR (IF ANY) / ETA AT LOAD AND DISCHARGE PORTS /
FULL STYLE OF OWNERS.
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FREIGHT RATES ARE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON
BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL
FREIGHT (IF ANY) PER METRIC TON ON ENTIRE CARGO FOR EACH
ADDITIONAL LOAD OR DISCHARGE PORT IF USED.
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IF OWNERS INTEND TO LIGHTEN, OFFER TO SPECIFY THE COST OF
LIGHTENING, AND WHETHER ACTION IS FULL OR PARTIAL LIGHTENING. IF
LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND THE
VESSEL DISCHARGES AT BERTH THEN THE COST OF LIGHTENING WILL BE
DEDUCTED FROM THE OCEAN FREIGHT.
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TNS RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.
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COMMISSION: 2.50 PERCENT ON FREIGHT / DEADFREIGHT IS PAYABLE TO
CHARTERERS AGENT IF VESSEL OFFERED DIRECT. IF BROKER INVOLVED
THEN 2/3RD OF 2.50 PERCENT IS PAYABLE TO CHARTERERS AGENT AND
1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.
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OWISE SUBJECT TO TERMS AND CONDITIONS OF TNSS CHARTER PARTY
PROFORMA.
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OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 600, WASHINGTON D.C. 20006, BY 1100 HRS ET DEC 13, 2005.
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ONLY OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED. IF A TELEFAX OFFER BEGINS TO PRINT PRIOR TO THE DEADLINE AND CONTINUES TO PRINT PAST THE DEADLINE UNTIL COMPLETE IT WILL BE CONSIDERED TO BE RECEIVED ON TIME. OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT TIME AND PLACE. ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO NEGOTIATION IS PERMITTED. U.S. FLAG OFFERS MADE SUBJECT OPEN WILL ONLY BE CONSIDERED WHEN THE SUBJECT RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME DEC 14, 2005. NO OFFERS OF NON-U.S. FLAG VESSELS MADE SUBJECT OPEN WILL BE CONSIDERED. OFFERS ARE TO REMAIN VALID UNTIL 1700 HRS WASHINGTON DC TIME DEC 16, 2005. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY TNS AND USDA.
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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C. 20006. PHONE: 202-331-7395; TELEFAX: 202-331-7735; E-MAIL: JAMES.MEAD@BKALOGISTICS.NET OR MARK.MILLARD@BKALOGISTICS.NET
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