Niger Award07-004P

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07-004P Niger Award
February 21, 2007

A. BAGGED SORGHUM TO NIGER
USDA Ref. No. 07-004P
Commodity: Bagged Sorghum
Quantity: 12,000 MT
Load port: Jacinto
Pack Size: in bags of 50kg each
Date at U.S. Port: Jan.10, 2007
Discharge Port: Cotonou, Benin
Owner: Waterman Steamship Corp.
Vessel/Flag: ATLANTIC FOREST (U.S. flag) P1 Service
Freight: Ocean - USD 183.93/GMT
Inland Rate Final destination: Niamey and Dosso, Niger - USD 90.88/GMT
Stacking into receivers' warehouses: USD1.00/GMT

B. BAGGED RICE TO NIGER/FFP
USDA Ref. No. 07-004P
Commodity: Bagged Rice
Quantity: 5,000 MT
Load port: Lake Charles, LA
Pack Size: in bags of 50kg each
Date at U.S. Port: Jan. 25-Feb. 10, 2007
Discharge Port: Cotonou, Benin
Owner: American Cargo Transport
Vessel/Flag: Guardian/Z Big 1 (U.S.)
P2 Service (transhipment point Kingston, Jamaica)
Foreign flag vessels: MV CMA CGM Cartagena (Liberia)/MV CMA CGM Cortes V. EU068N
Freight: Ocean - USD 235.00/GMT
Inland Rate Final destination: Niamey and Dosso, Niger - USD 122.20/GMT
Fumigation: USD3.00/GMT
Stacking into receivers' warehouses: USD11.60/GMT
 

07-004P Niger Amendment
November 27, 2006

Amendment No. 1 Freight Tender No. 07-004P Government of Niger Food for Progress

AMEX International, Inc. on behalf of the Government of Niger amends the Freight Tender No. 07-004P dated Nov. 21, 2006 to include the following requirement:

" OWNERS ARE REQUESTED TO SUBMIT SEPARATE OFFERS FOR THE FOLLOWING OPTIONS:
OPTION 1. SHIPMENT OF 12,000 MT SORGHUM
OPTION 2. SHIPMENT OF 5,000 MT BAGGED RICE
OPTION 3. SHIPMENT OF COMBINED TONNAGE OF BAGGED SORGHUM AND BAGGED RICE (17,000 MT).

All other terms and conditions of the Freight Tender 07-004P dated November 21, 2006 remains unchanged and in effect.

AMEX INTERNATIONAL, INC.
AS AGENT FOR THE GOVERNMENT OF NIGER

07-004P Niger Tender
November 21, 2006


FREIGHT TENDER NO.07-004P GOVERNMENT OF NIGER

GOVERNMENT OF NIGER (CELLULE DE CRISE ALIMENTAIRE) TENDER FOR THE SHIPMENTS OF 12,000 M/T BAGGED SORGHUM AND 5,000 MT OF BAGGED RICE (IN 50 KG BAG EACH) UNDER FOOD FOR PROGRESS PROGRAM FREIGHT TENDER NO. 07-004P

NOVEMBER 21, 2006

AMEX INTERNATIONAL, INC. ISSUES FREIGHT TENDER ON BEHALF OF GOVERNMENT OF NIGER (CELLULE DE CRISE ALIMENTAIRE) FOR THE SHIPMENTS OF 12,000 M/T BAGGED SORGHUM AND 5,000 MT BAGGED RICE (IN 50 KG BAG EACH) FOR DELIVERY TO NIAMEY, NIGER ON A THROUGH BILL OF LADING VIA PORT OF COTONOU, BENIN (PREFERRED) OR OTHER WEST AFRICAN PORT ACCEPTABLE, UNDER FOOD FOR PROGRESS PROGRAM (DEVELOPMENT/MONETIZATION).

COMMODITIES/QUANTITY/LOAD PORT/AVAILABILITY DATES/SUPPLIER:

A. 12,000 MT BAGGED SORGHUM (IN 50 KG BAG) / JACINTO / JAN. 5, 2007 / CARGILL

B. 1,500 MT BAGGED RICE (IN 50 KG BAG) / LAKE CHARLES / JAN. 25, 2007 / ADM
500 MT BAGGED RICE (IN 50 KG BAG) / LAKE CHARLES / JAN. 25, 2007 / SUPREME
2,000 MT BAGGED RICE (IN 50 KG BAG) / LAKE CHARLES / FEB. 10, 2007 / FARMERS
500 MT BAGGED RICE (IN 50 KG BAG) / LAKE CHARLES / FEB. 10, 2007 / SUPREME
500 MT BAGGED RICE (IN 50 KG BAG) / LAKE CHARLES / FEB. 10, 2007 / ADM
5,000 MT - TOTAL BAGGED RICE

DISCHARGE PORT/DESTINATION: COTONOU, BENIN (PREFERRED) OR OTHER WEST AFRICAN PORT ACCEPTABLE, FOR DELIVERY UNDER THROUGH B/L TO NIAMEY, NIGER.

SINCE THERE IS A WIDE GAP ON THE LOAD PORT AVAILABILITY DATES BETWEEN THE SORGHUM AND RICE, OFFERORS ARE ENCOURAGED TO GIVE PRIORITY TO LOAD AND SHIP THE BAGGED SORGHUM TO NIGER . BAGGED SORGHUM SHOULD BE SHIPPED AND DELIVERED TO NIGER AT LEAST 21 DAYS AHEAD OF BAGGED RICE TO MEET THE PROGRAM REQUIREMENT.

OTHER DETAILS AND INFORMATION REQUIRED:
1) IF CONTAINER SERVICE IS OFFERED, FOLLOWING APPLIES:
EACH CONTAINER USED MUST BE INSPECTED OR SURVEYED BY FGIS PRIOR TO LOADING THE CARGO AND HAS TO BE CERTIFIED BY FGIS AS BEING (1) CLEANED AND SUITABLE TO RECEIVE THE CARGO (2) IN WIND AND WATER TIGHT CONDITION FOR THE INTENDED VOYAGE. (3) NOT MORE THAN 10 YEARS OLD (4) NOT BEING A SALVAGE CONTAINER FROM PREVIOUS OWNERS/HAVING BEEN MUSTERED OUT FROM THE REGULAR SERVICE.

OWNERS TO STUFF THE CONTAINERS AT LOADING POINT/PORT, UNSTUFF THE CONTAINERS AT FINAL DESTINATION AND STACK THE CARGOES INTO RECEIVERS WAREHOUSE IN NIAMEY, NIGER AT VESSEL OWNERS TIME, RISK AND EXPENSE.

OFFERS OF CONTAINER SERVICE WITH MINIMUM/MAXIMUM LOAD WILL NOT BE CONSIDERED.

2. BREAKBULK SHIPMENT:
BAGGED RICE AND SORGHUM INCLUDING OTHER COMPLETION CARGOES MUST BE SEPARATED FROM EACH OTHER BY THE VESSELS NATURAL OR ARTIFICIAL SEPARATIONS. COMPLETION CARGOES MUST BE COMPATIBLE, NONPOISONOUS, AND NON-INJURIOUS TO THE NIGER CARGOES AND MUST BE DETAILED IN THE OFFER OR SUBJECT TO CHARTERERS/USDA APPROVAL IF CONTRACTED AFTER THE FIXTURE.

VESSELS IN EXCESS OF 15 YEARS OF AGE MUST HAVE ALL OPENINGS TO CARGO SPACES AND HATCH COVERS PROPERLY SEALED TO ENSURE WATERTIGHT INTEGRITY. THE SEALING SHALL BE DONE TO THE SATISFACTION OF NCB AS ATTESTED BY A SPECIAL SURVEY. THE COST OF SEALING OF ALL OPENINGS AND HATCHES AS WELL AS THE COST OF THE NCB SURVEY TO BE FOR CARRIERS ACCOUNT. THE SURVEY CERTIFICATE SHALL BE PART OF DOCUMENTS REQUIRED FOR FREIGHT PAYMENT.

2. OWNERS ARE URGED TO COOPERATE FULLY WITH THE INDEPENDENT SURVEYOR APPOINTED BY USDA/KCCO AT DISCHARGE PORT AND/OR AT THE FINAL DESTINATION POINT IN NIGER. OWNERS TO COORDINATE CLOSELY WITH THE GOVERNMENT OF NIGER/RECEIVERS TO ENSURE SMOOTH DELIVERY OF CARGOES TO NIGER.

3. OFFERS MUST BE FOR NAMED VESSEL(S) AND INCLUDE REASONABLE AND ACCEPTABLE LOADING SCHEDULES AND TRANSIT TIMES IN ORDER TO BE CONSIDERED RESPONSIVE. OFFERS FOR CARRIAGE VIA VESSELS NOT IN A REGULARLY SCHEDULED LINER SERVICE MUST PROVIDE VESSEL'S ITINERARY AND CURRENT POSITION. ADDITIONALLY, SUCH OFFERS SHOULD INCLUDE FULL PARTICULARS ON VESSEL OWNER'S COMPANY INCLUDING OFFICERS, ADDRESS AND BANK REFERENCE UNLESS ALREADY ON FILE.

IF OFFERED VESSEL IS A BARGE, SAME MUST BE OF SUCH A TYPE TO ADEQUATELY PROTECT THE CARGO, EITHER BY DESIGN (SUCH AS A HOUSE BARGE OR MULTI-DECK BARGE) OR BY THE USE OF PERMANENT BREAKWATER WALLS OF AT LEAST EIGHT FEET IN HEIGHT AND ENCOMPASSING AT LEAST EIGHTY (80) PERCENT OF THE BARGE. CONTAINERS NOT HAULING USDA CARGO OR NONPERMANENT WALLS MAY BE USED AS BREAKWATER WALLS FOR UP TO TWENTY (20) PERCENT OF THE PROTECTING WALL. ANY/ALL OTHER BARGES WILL BE DEEMED NON-RESPONSIVE TO THIS TENDER.

4. VESSEL OWNERS MUST COMPLY WITH SUPPLIER'S LOAD AND CAPACITY CAPABILITIES. IF THE VESSEL FAILS TO COMPLY WITH SUPPLIER'S LOAD CAPABILITIES, ANY COSTS INCURRED BY THE VENDOR/USDA INCLUDING BUT NOT LIMITED TO LIQUIDATED DAMAGES, STORAGE, WILL BE FOR THE VESSEL'S ACCOUNT. IF CONTAINERS /RAILCARS /TRUCKS WILL BE PLACED AT THE SUPPLIER'S PLANT, CARRIER MUST ENSURE THAT CONTAINERS/RAILCARS/TRUCKS ARE PLACED AT THE PLANT BY THE COMMENCEMENT OF THE SUPPLIER'S SHIPPING PERIOD AND SUPPLY CONTAINERS/RAILCARS/TRUCKS ON A CONTINUOUS BASIS UNTIL THE SUPPLIER'S FULFILLS HIS CONTRACT QUANTITY. OWNERS ARE RESPONSIBLE TO OFFER ONLY FOR VENDORS WHO MATCH OWNERS' CAPABILITIES. OWNERS ARE ENCOURAGED TO REFER TO KC-362 FOR THE LIST OF PLANT LOCATIONS AND CAPABILITIES.

5. VESSEL LOADING OBSERVATION (VLO) IS FOR CARRIER'S ACCOUNT PER NOTICE TO THE TRADE ISSUED BY USDA/KCCO ON MARCH 18, 1998. VLO WILL BE ALTERED TO REFLECT THE USDA/KCCO/COMMODITY OFFICE NOTICE TO THE TRADE OF MAY 5, 2000 "CHANGE IN VLO REQUIREMENTS AND PROCEDURES" IS HEREBY INCORPORATED. A COPY OF THE NOTICE CAN BE OBTAINED FROM THE FOLLOWING FTP SITE: FTP://FSA.USDA.GOV/PUBLIC/EXPORT/EOD68TXT. A COPY OF THE VLO CERTIFICATE MUST BE SUBMITTED AS PART OF THE FREIGHT PAYMENT PACKAGE.

6. CARRIERS ARE FULLY AND SOLELY RESPONSIBLE FOR ANY PENALTY ASSESSED AGAINST THE CARGO BY THE U.S. CUSTOMS ENFORCED COMPLIANCE PROGRAM FOR OUTBOUND DOCUMENTATION DUE IN WHOLE OR IN PART TO CARRIERS DELAY IN VERIFYING THE FINAL LOAD COUNT AND PROVIDING SAID COUNT TO AMEX.
ADDITIONAL CLAUSES:
1. USDA/KCCO NOTICE TO THE TRADE EOD-150 FOR FAS HOUSTON CARGO TO APPLY.

2. CERTAIN COMMODITIES COVERED BY THIS IFB MUST BE INSPECTED BY APHIS/PPQ OR OTHER SUCH AUTHORITIES PRIOR TO LOADING SO THAT A PHYTOSANITARY CERTIFICATE CAN BE ISSUED. SUCH INSPECTION MUST TAKE PLACE NOT MORE THAN THIRTY DAYS PRIOR TO THE CARGO BEING LOADED ABOARD THE VESSEL AT THE PORT OF EXPORT.
CARRIERS INTENDING TO LOAD THESE CARGOES INTO CONTAINERS, LASH BARGES, OR OTHERWISE UNITIZE CARGOES IN A WAY THAT WILL PROHIBIT OR RESTRICT INSPECTIONS WITHOUT SUSTAINING ADDITIONAL COSTS WILL BE REQUIRED TO BEAR ALL SUCH ADDITIONAL EXPENSES IF THIS IS DONE BEFORE INSPECTIONS ARE EFFECTED OR IF CARGOES ARE NOT LOADED ON-BOARD A VESSEL WITHIN THE THIRTY DAY PERIOD FOLLOWING INSPECTION.

3. OFFERS MUST BE FOR NAMED VESSEL(S) AND INCLUDE REASONABLE AND ACCEPTABLE LOADING SCHEDULES AND TRANSIT TIMES IN ORDER TO BE CONSIDERED RESPONSIVE. OFFERS FOR CARRIAGE VIA VESSELS NOT IN A REGULARLY SCHEDULED LINER SERVICE MUST PROVIDE VESSEL'S ITINERARY AND CURRENT POSITION. ADDITIONALLY, SUCH OFFERS SHOULD INCLUDE FULL PARTICULARS ON VESSEL OWNER'S COMPANY INCLUDING OFFICERS, ADDRESS AND BANK REFERENCE UNLESS ALREADY ON FILE.

4. ALL OFFERS AND CARGO BOOKINGS MUST BE FULL LINER TERMS WITH NO DEMURRAGE/NO DESPATCH / NO DETENTION. RATES OFFERED TO BE ALL-INCLUSIVE AND STATED PER GROSS METRIC TON. ALL-INCLUSIVE RATES WHICH INCLUDE COSTS FOR SERVICES OTHER THAN PORT TO PORT OCEAN TRANSPORTATION MUST INCLUDE A BREAKDOWN OF THE OCEAN CHARGE COMPONENT AND EACH OF THE FOLLOWING OTHER AS APPLICABLE: DOMESTIC INLAND TRANSPORTATION, FOREIGN INLAND TRANSPORTATION, AND STACKING OF CARGO INTO RECEIVERS WAREHOUSE IN NIGER.

5. SHIPPER WILL IMPOSE LDA OF $1.00 PER MT REDUCTION IN FREIGHT PER DAY OR PRORATA PER TERMS OF CLAUSE 15 OF THE BOOKING NOTE PART II TO APPLY.

6. EVALUATION AND CONTRACT AWARD: OFFERS WHICH DO NOT COMPLY WITH MANDATORY REQUIREMENTS OF THIS IFB WILL NOT BE CONSIDERED. OFFERS MUST INCLUDE FULL PARTICULARS DEMONSTRATING THE WILLINGNESS AND ABILITY TO MEET THESE REQUIREMENTS. THE SHIPPER RESERVES THE RIGHT TO AWARD WITHOUT DISCUSSIONS.

AWARD(S) WILL BE TO THE LOWEST RESPONSIVE OFFEROR MEETING THE MANDATORY REQUIREMENTS OF THIS IFB.

7. CONTRACT AND PAYMENT TERMS: NIGER BOOKING NOTE FOR FOOD FOR PROGRESS. FREIGHT SHALL BE PAID 65 PCT UPON VESSEL ARRIVAL AT THE DISCHARGE PORT AND 35 PCT BALANCE WILL BE PAID UPON COMPLETE DELIVERY OF CARGO AT THE INITIAL POINT OF DISCHARGE IN NIGER. WRITTEN CONFIRMATION OF RECEIPT FROM THE RECEIVERS/GOVERNMENT OF NIGER IS REQUIRED FOR PAYMENT OF 35 PCT BALANCE OF FREIGHT.

8. IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED AT DISCHARGE PORT AND/OR AT FINAL DESTINATION POINT PROVIDED CLEAN BILLS OF LADING WERE ISSUED, ANY AND ALL RELATED COST INCURRED TO FUMIGATE THE CARGO TO BE FOR OWNERS TIME, RISK AND EXPENSE.

9. 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).

10. 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.

11. 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).

12. CARGO PREFERENCE COMPLIANCE WILL BE IN ACCORDANCE WITH THE MARITIME ADMINISTRATION LETTER DATED JAN 8, 2003.

13. OFFERS MAY BE SUBMITTED VIA FAX NOS. 202-429-1867, OR HAND DELIVERED IN A SEALED ENVELOPE TO: AMEX INTERNATIONAL, INC., 1615 L STREET, N.W. SUITE 340, WASHINGTON, DC 20036. OFFERS MUST BE RECEIVED AT THE AMEX AT 11:00 HOURS LOCAL WASHINGTON, DC TIME NOVEMBER 29, 2006. OFFERS RECEIVED AFTER 1100 HOURS, NOVEMBER 29, 2006 WILL NOT BE CONSIDERED.

TELEPHONE OFFERS ARE NOT ALLOWED AND WILL NOT BE CONSIDERED.

OFFERS FROM NVOCCS WILL NOT BE CONSIDERED.

SHIPPER RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS.

OFFER WILL NOT BE OPENED AND READ IN PUBLIC.

14. EXCEPT TO THE EXTENT AS PROVIDED ABOVE, ALL AWARDS UNDER THIS FREIGHT TENDER, WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF PART II OF THE U.S. FOOD AID BOOKING NOTE REVISED NOVEMBER 1, 2004 AND THE FOOD FOR PROGRESS REGULATIONS WHICH ARE FULLY INCORPORATED HEREIN. COPIES OF THESE GUIDELINES MAY BE OBTAINED FROM THE USAID WEBSITE AT WWW.USAID.GOV/BUSINESS/OCEAN/NOTICES/

15. BROKERAGE COMMISSIONS: IF OFFERED DIRECT, FULL 2.5% TO AMEX INTERNATIONAL, INC. IF OFFERED THROUGH A BROKER, 2/3 OF 2.5% TO AMEX INTERNATIONAL, INC., AND 1/3 OF 2.5% TO OWNERS BROKER.

FOR FURTHER INFORMATION CALL AMEX INTERNATIONAL, INC. AT 202-429-0222 (ATTN: RUBEN BAYLON).

AMEX INTERNATIONAL, INC./SHIPPING AGENT FOR THE GOVERNMENT OF NIGER