Mali Award06-040B

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06-040B  Mali Award
November 6, 2006

USDA Ref. No. 06-040B
Commodity: Wheat (HRW) in bulk
Quantity: 7,750 MT
Load port: Destrehan, LA
Discharge Port: Dakar, Senegal (thru BL to Mali)
Owner: Teco Ocean Shipping
Vessel/Flag: MV SHEILA MCDEVITT (U.S.)
Freight: Ocean - USD221.62/MT; Bulk Disch. - USD 18.40/MT; Bagging - USD 14.15/MT;
Inland foreign - USD 161.32/MT
Load premiums, if any, additional USD 50,000 lumpsum to be prorated between applicable charterers (Mali and Sudan), if loading at different Mississippi load berth than SBM to Yemen.

Amendment  06-040B
Sept 22, 2006
 

2ND AMENDMENT TO THE FFP FREIGHT TENDER NO. 06-040B ISSUED ON SEPT. 19, 2006 BY AMEX INTERNATIONAL, INC. ON BEHALF OF THE GOVERNMENT OF MALI.

SEPTEMBER 22, 2006

PER USDA APPROVAL, AMEX ON BEHALF OF THE GOVERNMENT OF MALI AMENDS THE FREIGHT TENDER ISSUED ON SEPT. 19, 2006 AS FOLLOWS:

ITEM 1. 2ND PARAGRAPH TO READ:

OFFERS WITH SUBJECT OPEN WILL ONLY BE CONSIDERED IF THE "SUBJECT" IS LIFTED PRIOR TO

1300 HOURS, WASHINGTON, D.C. TIME SEPTEMBER 26, 2006.

ALL OTHER TERMS AND CONDITIONS REMAINED UNCHANGED AND IN EFFECT.

AMEX INTERNATIONAL, INC.

TEL: 202-429-0222

06-040B Mali Tender
Sept 20, 2006


FREIGHT TENDER NO. 06-040B ISSUED BY AMEX INTERNATIONAL, INC. ON BEHALF OF THE GOVERNMENT OF MALIS FOOD FOR PROGRESS PROGRAM

AMEX INTERNATIONAL, INC.

SEPTEMBER 19, 2006

RE: FREIGHT INVITATION FOR BIDS (IFB NO. 06-040B)
7,750 M/T HARD RED WINTER WHEAT IN BULK
UNDER THROUGH BILL OF LADING (INCLUDING BAGGING AT INITIAL PORT OF DISCHARGE) FROM U.S. PORT(S) TO MALI VIA DAKAR PORT, SENEGAL (PREFERRED) BUT OTHER PORT IN WEST AFRICA IS ACCEPTABLE
FOOD FOR PROGRESS PROGRAM FY 2006

AMEX INTERNATIONAL, INC., AS AGENT FOR THE COMMISSARIAT A LA SECURITE ALIMENTAIRE/OPAM, GOVERNMENT OF MALI INVITES OFFERS OF U.S. AND NON-U.S. FLAG VESSEL(S) FOR THE SHIPMENT OF CARGO UNDER THE FOOD FOR PROGRESS PROGRAM AS FOLLOWS:

1. ALL OFFERS MUST BE RECEIVED BY AMEX INTERNATIONAL, INC., 1615 L STREET, NW, SUITE 340, WASHINGTON, D.C. 20036 NOT LATER THAN 1100 HOURS, WASHINGTON, D.C. TIME SEPTEMBER 25, 2006, AND REMAIN VALID THROUGH 1800 HOURS WASHINGTON, D.C. TIME SEPTEMBER 29, 2006. OFFERS MAY BE HAND DELIVERED OR SUBMITTED BY TELEFAX (FAX: NO. 202-429-1867). VERBAL OR TELEPHONE OFFERS ARE NOT ACCEPTABLE. CHARTERERS WILL NOT CONSIDER FACSIMILE OFFERS WHICH HAVE NOT STARTED PRINTING BY 1100 HOURS, WASHINGTON, D.C. TIME SEPTEMBER 25, 2006.

OFFERS WITH SUBJECT OPEN WILL ONLY BE CONSIDERED IF THE SUBJECT IS LIFTED PRIOR TO 1100 HOURS, WASHINGTON, D.C. TIME SEPTEMBER 26, 2006.

ONLY OFFERS WHICH ARE RESPONSIVE TO THIS TENDER WILL BE CONSIDERED, AND NO NEGOTIATION WILL BE PERMITTED. OFFERS RECEIVED AFTER THE TIME STIPULATED ABOVE WILL NOT BE CONSIDERED.

OFFERS OF NAMED VESSELS ONLY; VESSEL SUBSTITUTIONS IS NOT ALLOWED UNLESS APPROVED IN WRITING BY USDA/CHARTERERS.

OFFERS FROM NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) WILL NOT BE CONSIDERED.

ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE ABOVE -MENTIONED TIME AND PLACE.

CHARTERERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS.

2. COMMODITY: HARD RED WINTER WHEAT IN BULK WITH ACCOMPANYING EMPTY BAGS, NEEDLES AND TWINE (BNT). QUANTITY OF BNT MUST BE EQUIVALENT TO 102 PCT OF THE TOTAL TONNAGE OF BULK WHEAT TO BE SHIPPED.

3. QUANTITY/LAYDAYS: APPROX. 7,750 M/T OCTOBER 10-20, 2006

OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN THE EVENT THAT THE QUANTITY PURCHASED IS MORE OR LESS THAN THE QUANTITY STATED IN THIS TENDER. CONTRACT QUANTITY WILL BE ON A MIN/MAX BASIS.

OFFERS WITH A LAYDAYS CANCELING DATES LATER THAN THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.

THE BNT TO BE DELIVERED TO OWNERS OR TO THEIR APPOINTED AGENT FREE ALONGSIDE VESSEL (F.A.S.) POINT OF REST (UNDER COVER) AT OWNERS DESIGNATED LOAD BERTH. OWNERS TO NOMINATE LOAD BERTH(S) FOR BNT WITHIN 48 HOURS AFTER RECEIPTS OF CHARTERERS NOMINATION OF LOAD PORT(S) FOR THE CARGO. OWNERS DESIGNATED LOAD BERTH MUST PROVIDE A POINT OF REST UNDER COVER TO PROTECT THE BNT FROM WEATHER. OWNERS WILL BE RESPONSIBLE FOR ANY AND ALL COSTS ASSOCIATED WITH RECEIVING AND PLACING THE BNT ABOARD THE VESSEL FROM THEIR F.A.S. POINT OF REST (UNDER COVER).

BNT TO BE CARRIED FREIGHT FREE.

OWNERS TO PROVIDE 14 DAYS PRE-ADVICE OF VESSEL'S ETA AT LOAD PORT. PRE-ADVICE MUST BE RECEIVED BY AMEX ON OR BEFORE 1100 HOURS, WASHINGTON, D.C. TIME DURING REGULAR BUSINESS DAYS TO BE CONSIDERED RECEIVED ON THAT DAY. NOTICE RECEIVED AFTER 1100 HOURS, OR DURING WEEKENDS/HOLIDAYS, WILL BE CONSIDERED AS RECEIVED ON THE FOLLOWING BUSINESS DAY.

4. (A) LOAD BERTH(S)/PORT(S): ONE (1) OR TWO (2) SAFE BERTHS EACH, ONE (1) TO TWO (2) U.S. SAFE PORT(S). THE GREATER NEW ORLEANS, MISSISSIPPI RIVER AREA, INCLUDING, BUT NOT NORTH OF BATON ROUGE TO COUNT AS ONE PORT. THE COLUMBIA RIVER DISTRICT INCLUDING PORTLAND, OREGON TO COUNT AS ONE PORT. THE SAN FRANCISCO BAY AREA, INCLUDING SACRAMENTO, STOCKTON AND OAKLAND TO BE CONSIDERED AS ONE PORT.

(B) DISCHARGE PORT: DAKAR PORT, SENEGAL (PREFERRED) BUT WILL CONSIDER OTHER PORTS IN WEST AFRICA, FOR DELIVERY UNDER THROUGH BILL OF LADING TO THE INITIAL POINT OF DISCHARGE IN MALI (INTENTION: BAMAKO, FULL STYLE WILL BE DECLARED 10 DAYS BEFORE VESSELS ARRIVAL AT DISCHARGE PORT).

5. LOAD TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS STATED BELOW BASED ON THE VESSELS CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2,204.6 POUNDS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED. SATURDAY PER B.F.C. CLAUSE.

BULKCARRIERS
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
0-9,999.99 M/T 4,000 M/T PER DAY
10,000-19,999.99 M/T 5,000 M/T PER DAY

TANKERS
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
0-9,999.99 M/T 4,000 M/T PER DAY
10,000-19,999.99 M/T 5,000 M/T PER DAY

TWEENDECKERS: 3,000 M/T PER DAY.

FOR LASH/SEABEE BARGES, NO LOAD RATE GUARANTEE, NO DEMURRAGE, NO DESPATCH, NO DETENTION CHARGES TO BE APPLIED AND THE SAME TO BE LOADED IN REGULAR TURN AND WITHOUT UNDUE DELAY.

CARGO TO BE LOADED, STOWED AND TRIMMED AT OWNERS EXPENSE.

SERVICE AND FACILITY CHARGES AT LOADING, IF ANY, WILL BE FOR OWNERS ACCOUNT.

DEMURRAGE/DESPATCH IS APPLICABLE ONLY AT LOAD PORT. OWNERS MUST SPECIFY DEMURRAGE/DESPATCH RATE IN THEIR OFFER. DESPATCH RATE MUST BE ONE-HALF OF DEMURRAGE RATE QUOTED.

6. LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN VESSEL OWNERS AND COMMODITY SUPPLIERS AT LOAD PORT(S). LAYTIME CALCULATIONS, OVERTIME, AND TRIMMING TO BE IN ACCORDANCE WITH ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION, INC. FOB CONTRACT NO.2 (REVISED AS OF AUG. 1, 1988), CLAUSE NUMBERS 1 THROUGH 10 INCLUSIVE, HEREINAFTER CALLED NAEGA. FURTHER, THE FOLLOWING MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD BUYERS APPEARS, THE WORD VESSEL OWNERS SHOULD BE SUBSTITUTED IN ITS PLACE.

UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN VESSEL OWNERS AND THE COMMODITY SUPPLIER. ANY/ALL DISPUTES BETWEEN OWNERS AND COMMODITY SUPPLIERS 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.

7. DISCHARGE TERMS: BERTH TERMS DISCHARGE ALL INCLUSIVE, WITH NO DEMURRAGE, NO DESPATCH, NO DETENTION. OWNERS TO DELIVER THE BULK WHEAT UNDER THROUGH BILL OF LADING FROM DISCHARGE PORT (USING SUITABLE CONVEYANCES TO TRANSPORT BULK WHEAT BY LAND)TO THE INITIAL POINT OF DISCHARGE IN BAMAKO, MALI, (FREE ON RAIL/TRUCK), AT OWNERS RISK TIME AND EXPENSE.

THE RECEIVER WILL RECEIVE AND DISCHARGE THE TRUCK/RAIL WAGON AT THE POINT OF INITIAL DISCHARGE IN BAMAKO, MALI AT RECEIVERS TIME, RISK AND EXPENSE.

OWNERS TO BAG THE CARGO AT DISCHARGE PORT AT THEIR OWN RISK, TIME AND EXPENSE. MANUAL OR HAND BAGGING IS NOT PERMITTED.

OWNERS SHALL BE RESPONSIBLE FOR PROVIDING AND ENSURING THAT SUFFICIENT LABOR, BAGGING MACHINES, WEIGHING EQUIPMENT AND OTHER SERVICES AND MATERIALS ARE AVAILABLE AT THE DISCHARGE PORT.

OWNERS SHALL TURNOVER/DELIVER TO COMMISSARIAT A LA SECURITE ALIMENTAIRE/OPAM (CONTACT PERSONS: MR. YOUSSOUF TOURE AND MR. BAKARY DIALLO, TEL: 223-221-0406, 221-9392, 221-4085, 221-3755, E-MAIL: OPAM@CEFIB.COM) THE EXCESS EMPTY BAGS, NEEDLES AND TWINE, IF ANY, NOT UTILIZED IN BAGGING AT THE DISCHARGE PORT.

OWNERS SHOULD COOPERATE FULLY WITH THE INDEPENDENT SURVEYOR APPOINTED BY USDA/KCCO AT THE DISCHARGE PORT AND AT THE INITIAL POINT OF DISCHARGE IN MALI.

OWNERS TO BE FULLY RESPONSIBLE FOR VESSELS ACCEPTANCE INTO DISCHARGE PORT. OWNERS SHOULD INDEPENDENTLY OBTAIN PORT RESTRICTIONS AND ANY SPECIAL REQUIREMENTS OF THE PORT AUTHORITIES AND COMPLY WITH THE RESTRICTIONS AND REQUIREMENTS, AT OWNERS EXPENSE.

8. OWNERS ARE TO GUARANTEE THAT VESSELS OFFERED ARE IN FULL COMPLIANCE WITH THE DISCHARGE PORTS'/BERTHS' LIMITATIONS AND ARE TO BEAR FULL RESPONSIBILITY FOR SUCH GUARANTEE. FULL OR PARTIAL LIGHTENING AT DISCHARGE PORT IF REQUIRED, IS TO BE AT OWNERS RISK TIME AND EXPENSE. COST OF LIGHTENING, FULL OR PARTIAL IS TO BE QUOTED IN THE OFFER.

IF LIGHTENING IS NOT PERFORMED AND VESSEL DIRECTLY DISCHARGE AT BERTH, USDA WILL DEDUCT THE LIGHTENING COST FROM THE FREIGHT.

FULL OR PARTIAL LIGHTENING IF REQUIRED, TO BE PERFORMED WITHIN THE DISCHARGE PORT TERRITORIAL WATER.

OWNERS TO REMAIN FULLY RESPONSIBLE FOR CARGO DURING LIGHTENING OPERATIONS.

9. IT IS IMPERATIVE FOR OWNERS TO COORDINATE FULLY WITH THE MALI RECEIVER TO ACHIEVE SMOOTH DELIVERY OF CARGO.

OWNERS ARE REQUIRED TO PROVIDE THE COMMISSARAIT A LA SECURITE ALIMENTAIRE/OPAM (EMAIL: CSA@CEFIB.COM, OPAM@CEFIB.COM , WITH CC: AMEX INTERNATIONAL, INC. EMAIL: RBAYLON@AMEXDC.COM ) WITH A DAILY STATUS REPORT ON LOADING, DISCHARGING, BAGGING, INLAND TRANSPORT, INCLUDING INFORMATION ON QUANTITY OF BAGGED WHEAT IN TRANSIT FROM DAKAR PORT TO THE INITIAL POINT OF DISCHARGE IN BAMAKO, MALI.

SUCCESSFUL OFFERORS TO PROVIDE NAME OF INLAND TRANSPORT (FOREIGN) AND BAGGING CONTRACTORS PRIOR TO USDAS APPROVAL OF FIXTURE. ONLY NAMED INLAND TRANSPORT AND BAGGING CONTRACTORS WILL BE ACCEPTED.

10. VESSELS 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 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 TWEEN-DECKERS AND BULK CARRIERS (INCLUDING PUSH MODE ITB) THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TANKERS AND TUG BARGES OTHER THAN PUSH MODE ITBS, 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 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.

AT THE DISCHARGE PORT AND/OR AT THE INITIAL DISCHARGE POINT(S) IN MALI, AND UPON INSPECTION BY THE GOVERNMENT OF MALI OR AUTHORIZED INSPECTORS, IF CARGO IS FOUND TO BE INFESTED, AND PROVIDED CLEAN BILL(S) OF LADING WAS ISSUED, OWNERS TO ARRANGE FOR FUMIGATION INCLUDING RENTING OF TEMPORARY SHED OR SPACE, IF NECESSARY, TO PERFORM FUMIGATION AT THEIR TIME, RISK AND EXPENSE.

11. VESSEL TYPE RESTRICTIONS: TOWED BARGES ARE EXCLUDED. INTEGRATED TUG/BARGE (ITB) UNITS WILL BE CONSIDERED.

OFFERORS ARE ENCOURAGED TO INCLUDE IN THE OFFERS THE FOLLOWING INFORMATION:

A) VESSELS NAME, FLAG, YEAR BUILT, DWT, DRAFT, LOA, BEAM, NO. OF HOLD/HATCHES, SERVICE SPEED
B) VESSELS POSITION
C) VESSELS ITINERARY
D) VESSELS ETA LOAD AND DISCHARGE PORTS
E) TRANSIT TIME (INLAND) FROM DAKAR PORT, SENEGAL (PREFERRED)/OTHER WEST AFRICA PORTS, IF USED, TO INITIAL POINT OF DISCHARGE IN BAMAKO, MALI (MILL).

ANY EXTRA INSURANCE ON CARGO AND/OR FREIGHT ON ACCOUNT OF VESSELS AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION, CLASSIFICATION WILL BE FOR OWNERS ACCOUNT, BUT NOT EXCEEDING NEW YORKS MARKET RATES (U.S. FLAG).

FOREIGN FLAG VESSELS MUST NOT BE OLDER THAN 20 YEARS AND MUST BE CLASSED HIGHEST IN LLOYD'S REGISTER OR ITS EQUIVALENT. THE DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE PREMIUM DUE TO VESSEL AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION, AND CLASSIFICATION, TO BE FOR OWNERS ACCOUNT. ANY EXTRA INSURANCE PREMIUM ON CARGO AND/OR FREIGHT DUE TO VESSELS BEING OVER 10 YEARS OLD TO BE FOR OWNERS ACCOUNT BASIS LLOYDS OF LONDON RATES.

12. VESSELS FIFTEEN (15) YEARS OR OLDER AND PUSH-MODE ITBS MUST HAVE ALL OPENINGS TO CARGO SPACES AND HATCH COVERS PROPERLY 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 VESSELS 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.

13. FREIGHT RATE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE LOADING PORT AND ONE DISCHARGE PORT.

ADDITIONAL FREIGHT, IF ANY, TO BE STATED FOR ADDITIONAL LOAD BERTH(S)/PORT(S).

FREIGHT RATE OFFERS (PER MT) MUST BE BROKEN DOWN AS FOLLOWS:

A) OCEAN TRANSPORTATION (PORT TO PORT)
B) BULK DISCHARGE COST
C) BAGGING COST
D) INLAND TRANSPORTATION COST FROM DAKAR PORT/OTHER WEST AFRICAN PORTS, TO INITIAL POINT(S) OF DISCHARGE IN BAMAKO, MALI.
E) LIGHTENING COST, IF APPLICABLE

14. ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO MALIS WHEAT, AND MUST BE STATED IN THE OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXING MALIS CARGO. THE VESSELS ITINERARY AND GEOGRAPHICAL PROXIMITY OF THE COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY USDA/CHARTERERS IN CONSIDERING APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF CARGO TO MALI.

15. IF VESSEL PRESENTS AFTER LAYDAYS CANCELING TIME AND DATE, OWNERS SHALL BE FULLY RESPONSIBLE FOR ANY AND ALL CHARGES INCLUDING CARRYING CHARGES (STORAGE, INTEREST, INSURANCE, AND FUMIGATION CHARGE(S) THAT MAY BE ASSESSED BY THE SUPPLIERS OF THE COMMODITY AGAINST THE CHARTERERS.

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

16. OFFERS OF U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION (MARAD) WITH THE VESSEL COSTS PRIOR TO SUBMISSION OF THE OFFER.

U.S. FLAG VESSELS WHICH REQUIRE PRIOR APPROVAL FROM MARAD TO PARTICIPATE IN PREFERENCE CARGOES BECAUSE OF OPERATIONAL DIFFERENTIAL SUBSIDY (ODS) CONTRACTUAL CONSTRAINTS, OR BECAUSE OF REFLAGGING/ FOREIGN CONSTRUCTION ELIGIBILITY ISSUES, MUST OBTAIN SUCH MARAD APPROVAL PRIOR TO SUBMISSION OF BIDS. U.S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL, WILL NOT BE CONSIDERED.

17. U.S. FLAG VESSELS (INCLUDING TUG AND/OR BARGE), APPROVED FREIGHT RATE(S) WILL BE REDUCED TO A LEVEL NOT HIGHER THAN THE MARAD FAIR AND REASONABLE RATE IN THE EVENT THAT ORIGINALLY APPROVED VESSEL (INCLUDING TUG AND BARGE) IS SUBSTITUTED BY A LOWER COST VESSEL.

18. OFFERS RECEIVED SHALL BE CONSIDERED TO WARRANT THAT THE OFFERED VESSEL IS FREE FROM ANY LIEN AND IS FULLY INSURED AND ENTERED INTO A P AND I CLUB.

19. SHOULD GENERAL AVERAGE CONDITIONS ARISE, CHARTERER SHALL ASSIGN ITS RIGHTS TO THE USDA/DEBT MANAGEMENT SECTION, WHO IN TURN 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, 2004. CARGO TO BE RELEASED WITHOUT GENERAL AVERAGE SECURITY.

20. PAYMENT OF 65 PCT OF FREIGHT WILL BE MADE IN ACCORDANCE WITH C/P TERMS UPON VESSELS ARRIVAL AT THE DISCHARGE PORT.

THE 35 PCT BALANCE OF FREIGHT WILL BE PAID FOLLOWING A WRITTEN CONFIRMATION FROM RECEIVER THAT OWNERS HAVE COMPLETED DELIVERY OF CARGO AT THE INITIAL POINT(S) OF DISCHARGE IN MALI THAT VESSEL OWNERS HAVE FULFILLED ALL THEIR OBLIGATIONS UNDER THE CONTRACT.

PLEASE NOTE PROVISION OF CHARTER PARTY RIDER CLAUSE 73.(F.) REGARDING DIRECT PAYMENT BY ELECTRONIC TRANSFER.

21. OFFERS MUST BE SUBMITTED BASIS CURRENT GOVERNMENT OF MALI PROFORMA C/P (NORGRAIN-ADAPTED BY MALI SEPTEMBER, 2006 AND THIS IFB WHICH IS AVAILABLE FROM AMEX INTERNATIONAL, INC.).

22. 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-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) UP TO ONE YEAR AFTER SUCH SUBSTANDARD DETERMINATION HAS BEEN PUBLISHED ELECTRONICALLY. AS THE CARGO ADVERTIZED IN THIS RFP IS PREFERENCE CARGO, OFFERORS MUST WARRANT THAT VESSEL(S) AND OWNER/OPERATORS ARE NOT DISQUALIFIED TO CARRY SUCH CARGO(ES).

23. OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE, IF REQUIRED, AND IS IN POSSESSION OF A VALID DOCUMENT OF COMPLIANCE AND SAFETY MANAGEMENT CERTIFICATE AND WILL REMAIN SO FOR THE ENTIRETY OF HER EMPLOYMENT UNDER THIS CHARTER PARTY. OWNERS ARE TO PROVIDE CHARTERERS WITH SATISFACTORY EVIDENCE OF COMPLIANCE IF REQUIRED TO DO SO AND TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES RESULTING DIRECTLY OR INDIRECTLY FROM ANY MATTERS ARISING IN CONNECTION WITH THIS VESSEL AND THE ISM CODE.

24. 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.


C. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED IN THE CHARTER PARTY, ANY ADDITIONAL COSTS OR EXPENSES WHATSOEVER SOLELY ARISING OUT OF OR RELATED TO SECURITY REGULATIONS OR MEASURES REQUIRED BY THE PORT FACILITY OR ANY RELEVANT AUTHORITY IN ACCORDANCE WITH THE ISPS CODE INCLUDING, BUT NOT LIMITED TO, SECURITY GUARDS, LAUNCH SERVICES, TUG ESCORTS, PORT SECURITY FEES OR TAXES AND INSPECTIONS, SHALL BE FOR THE OWNERS ACCOUNT. ALL MEASURES REQUIRED BY THE OWNERS TO COMPLY WITH THE SHIP SECURITY PLAN SHALL BE FOR THE OWNERS ACCOUNT.


25. ALL OFFERS AND SUBSEQUENT CONTRACTS TO BE SUBJECT TO THE USDA/FOOD FOR PROGRESS PROGRAM REGULATIONS AND THE TERMS AND CONDITION OF THIS IFB.

26. COMMISSION: VESSEL OWNERS TO PAY 2.5 PCT TO AMEX INTERNATIONAL IF VESSEL IS OFFERED DIRECT, AND 2/3 OF 2.5 PCT TO AMEX INTERNATIONAL AND 1/3 OF 2.5 PCT TO OWNERS BROKER IF VESSEL IS OFFERED THROUGH OWNERS BROKER.

27. ALL FIXTURES ARE SUBJECT TO USDAS APPROVAL.

AMEX INTERNATIONAL, INC.
1615 L STREET, NW, SUITE 340
WASHINGTON, D.C. 20036
TELEPHONE: (202) 429-0222
TELEFAX: (202) 429-1867