Bolivia Award07-038B

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07-038B Bolivia Award
October 2, 2007

WASH DC / SEPTEMBER 27/2007
ATTN: Kelly Walsh Phoenix Chartering, Inc. as agents for Moran Towing Corp.
RE: IFB NO: FCC-511-2007-003 FFP WHEAT IN BULK FOR BOLIVIA

WE ARE PLEASED TO CONFIRM FIXTURE AS FOLLOWS:

OWNERS TO PROVIDE THE NAME OF THE INLAND CONTRACTOR PRIOR TO CHARTERERS/USDA FINAL APPROVAL OF THE FREIGHT FIXTURE.

ACCOUNT: FOOD FOR THE HUNGRY

OWNER: MORAN TOWING CORP.
50 Locust Avenue
New Canaan, CT 06840-4737
Ph: 203-442-2850
Fax: 203-442-2295
PIC: Mr. Bruce Richards

VESSEL: MONTVILLE
U.S. FLAG BULK CARRIER BARGE, DIRECT PRIORITY 1 SERVICE
YEAR BUILT 2006 IN BOLLINGER, LA. ON #1181446
12,904 LT DWT ON 205
LOA/BEAM: 4186 / 75
510,000 CU FT GR
GEAR AS REQUIRED
CLASS HIGHEST ABS ALL OCEANS
ALL DETS ABT

POWERED BY U.S. FLAG TUG SHEILA MORAN YEAR BUILT 1975. ON 569710.
SPEED APPRX 7.0 KNOTS / 4300 HP, OR AT OWNERS OPTION,

CARGO AND QUANTITY: 11,500 MT MIN/MAX WHEAT IN BULK.

VESSEL MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT IN ACCORDANCE WITH THE USDA/FGIS FUMIGATION HANDBOOK. 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 PHOOSPHIDE PREPARATION MUST BE CONTAINED IN PACKING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED.

ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED AND MUST BE COMPATIABLE AND NON-INJURIOUS TO FOOD FOR THE HUNGRYS CARGO AND MUST BE APPROVED BY CHARTRS. VESSEL INTINERARY AND GEOGRAPHIC PPROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY FOOD FOR THE HUNGRY/USDA IN APPROVAL OF SUCH PART OF CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF FOOD FOR THE HUNGRYS CARGO TO BOLIVIA.

LOADING: 1/2 SB EACH 1/2 SP U.S. GULF.
LAYDAYS: OCTOBER 25 / NOVEMBER 5, 2007.
DISCHARGING: VIA MATARANI UNDER THROUGH BILL OF LADING(S) TO LA PAZ, BOLIVIA.

ETA LOADPORT OCT 25. ETA MATARANI NOV 20.

OWNERS TO PROVIDE 14 ( FOURTEEN) DAYS PREADVICE OF VESSEL READINESS TO LOAD. THE 14 DAY PREADVICE MUST BE RECEIVED BY CHARTERS 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.

OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVAL AT DISCHARGE PORT WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT. IF VESSELS DRAFT EXCEES SUCH DRAFT, OWNERS TO BE FULLY RESPONSIBLE FOR ANY AND ALL COST IN REACHING SAFE DRAFT. IN CASE OF FULL OR PARTIAL LIGHTENING, THEN LIGHTERAGE TO BE FOR OWNERS TIME, RISK AND EXPENSE.

TUG/BARGE COMBINATION MUST HAVE ALL OPENINGS TO CARGO SPACES AND THE HATCHS COVERS TIGHTLY SEALED WITH TAPE OR BY OTHER MEANS TO ASSURE WATER TIGHT INTEGRITY. THE SEALING SHALL BE DONE TO SATISFACTION OF ATTENDING NCB SURVEYOR AS ATTESTED BY A SPECIAL SURVEY. COST OF SEALING HATCH COVERS/OPENING TO CARGO SPACES AS WELL AS SPECIAL SURVEY FEES SHALL BE FOR VESSEL OWNERS ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS LIABILITY AND RESPONSIBILITY TOWARD THE CARO.

TUG/BARGE TOW ARRANGEMENT TO BE INSPECTED/CERTIFIED BY THE SALVAGE ASSOCIATION PRIOR TO LOADING, AT OWNERS TIME/RISK/EXPENSE. COPY OF SAID CERTIFICATE TO BE SUBMITTED TO CHARTERERS AGENT AT TIME OF TENDER NOR TO LOAD.

FREIGHT RATES:
A) OCEAN TRANSPORTATION RATE: USD 145.29 PER MT.
B) BULK DISCHARGE RATE: USD 7.65 PER MT.
C) INLAND TRANSPORTATION TO LA PAZ, BOLIVIA: USD 45.00 PER MT.

ONE WAY / PART CARGO / RETURN CARGO RATES: SAME AS ABOVE.

FREIGHT RATE BASIS ONE LOAD BERTH / ONE LOAD PORT.
ADDL USD 50,000 LUMPSUM FOR SECOND LOAD BERTH IF USED.
ADDL USD 80,000 LUMPSUM FOR SECOND LOAD PORT IF USED.

LOAD TERMS: 5,000 WWDSSHEX EIU.

DISCHARGE TERMS: FULL BERTH TERMS ALL INCLUSIVE, WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION. OWNERS IS TO DELIVER THE CARGO UNDER THROUGH BILL OF LADING TO THE RECEIVERS WAREHOUSE AND/OR SILOS IN LA PAZ BOLIVIA (FREE ON RAIL/TRUCK) AT OWNERS TIME, RISK AND EXPENSE. CARRIERS TO ARRANGE ALL CUSTOMS CLEARANCE AND FORMALITIES AND PASSAGE AT THE DISCHARGE PORT AND FORMALITIES AT ALL POINTS OF ENTRY AT CARRIERS EXPENSE. ALL NECESSARY SECURITY MEASURES SHOULD BE TAKEN TO INSURE SAFE ARRIVAL OF FOOD FOR THE HUNGRYS CARGO(ES) AT THE RESPECTIVE FINAL DESTINATION. OWNERS TO DELIVER CARGO TO FINAL DESTINATION AT A MINIMUM OF 10 TRUCKS PER DAY AFTER VESSEL DISCHARGES AND ONCE CARGO IS READY FOR DELIVERY.

DEMURRAGE: USD 15,000 / HD AT LOAD PORT.

FREIGHT PAYMENT WILL BE EFFECTED AS FOLLOWS:
A) 60 PERCENT OF FREIGHT WILL BE PAYABLE UPON NOTICE SATISFACTORY TO CHARTERERS OF VESSELS ARRIVAL AT FIRST PORT OF DISCHARGE, WHICH NOTICE WILL BE PART OF THE DOCUMENTATION REQUIRED TO BE PRESENTED BY CARRIER AS A CONDITION OF PAYMENT.
B) BALANCE 40 PERCENT OF FREIGHT WILL BE PAYABLE UPON CONFIRMATION FROM CHARTERERS THAT OWNERS HAVE FULFILLED THEIR RESPONSIBILITY UNDER THIS CHARTER PARTY. PLEASE NOTE PROVISION IN THE CHARTER PARTY REGARDING PAYMENT BY ELECTRONIC TRANSFER.

COMMISSION: 2/3 OF 2.50 PCT TO MISSIONARY EXPEDITERS, INC.
1/3 OF 2.50 PCT TO PHOENIX CHARTERING, INC.

OTHERWISE PER THE FREIGHT TENDER AND APPLICABLE PRO-FORMA C/P.

END CONFIRMATION.
REGARDS,
Missionary Expediters, Inc. Mike Ludwick
 

07-038B Bolivia Tender
September 20, 2007

TENDER: 07-038B

La PAZ, BOLIVIA

DELIVERY PERIOD: 10/25/07 11/05/07

OFFERS DUE: 09/25/07

FHI CCC #

MISSIONARY EXPEDITERS FOR AND ON BEHALF OF FOOD FOR THE HUNGRY REQUEST OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF BULK HARD RED WINTER WHEAT, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

1. AGREEMENT NO.: FCC-511-2007-003
2. QUANTITY LAYDAYS
APPROXIMATELY 11,500 MT OF BULK HARD RED WINTER WHEAT OCTOBER 25, 2007 NOVEMBER 5, 2007. OFFERERS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGE IN THE EVENT THAT THE QUANTITY PURCHASED IS MORE OR LESS THAN THE QUANTITY STATED IN THIS TENDER. CONTRACT 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 DATE AS ABOVE, AND THE VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.
- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED AND MUST BE COMPATIABLE AND NON-INJURIOUS TO FOOD FOR THE HUNGRYS CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTRS IF CONTRACTED AFTER FIXTURE OF FOOD FOR THE HUNGRYS CARGO. VESSEL INTINERARY AND GEOGRAPHIC PPROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY FOOD FOR THE HUNGRY/USDA IN APPROVAL OF SUCH PART OF CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF FOOD FOR THE HUNGRYS CARGO TO BOLIVIA.
3. OWNERS TO PROVIDE 14 ( FOURTEEN) DAYS PREADVICE OF VESSEL READINESS TO LOAD. THE 14 DAY PREADVICE MUST BE RECEIVED BY CHARTERS 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. LOADING PORT/RANGE: ONE TO TWO SAFE BERTHS. EACH ONE TO TWO SAFE U.S. PORTS ( MISSISSIPPI RIVER INCLUDED BUT NOT NORTH OF PORT ALLEN TO BE CONSIDERED AS ONE PORT/COLUMBIA RIVER DISTIRCT INCLUDING PORTLAND TO BE CONSIDERED AS ONE PORT/SAN FRANCISCO BAY AREA INCLUDING SACRAMENTO AND STOCKTON TO BE CONSIDERED AS ONE PORT.)
5. FINAL DESTINATION: UNDER THROUGH BILL OF LADING TO LA PAZ BOLIVIA. (FOOD FOR THE HUNGRY REQUEST MATARANI AS DISCHARGE PORT USED BUT OTHER PORTS WILL BE CONSIDERED.)
6. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVAL AT DISCHARGE PORTS WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT. IF VESSELS DRAFT EXCEES SUCH DRAFT, OWNERS TO BE FULLY RESPONSIBLE FOR ANY AND ALL COST IN REACHING SAFE DRAFT. IN CASE PARTIAL LIGHTENING, THEN LIGHTERAGE TO BE FOR OWNERS TIME, RISK AND EXPENSE. IF OWNERS INTEND TO LIGHTEN, THE OFFERORS SHOULD SPECIFY THE COST OF LIGHTENING WHETHER PARTIAL OR FULL LIGHTENING. IF LIGHTENING IS NOT PERFORMED AND VESSEL DISCHARGES DIRECTLY AT BERTH, THE LIGHTENING COST WILL BE DEDUCTED FROM OCEAN FREIGHT.
7. TERMS:
A) LOADING TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DISPATCH AT THE AVERAGE RATE AS DELINEATED BELOW BASED ON VESSELS 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 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
TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE PRORATED BASIS 3,000 MT PER DAY. LASH/SEABEE BARGES: THE LOAD GUARANTEE SHALL NOT APPLY.
B) DISHCHARGE TERMS: FULL BERTH TERMS ALL INCLUSIVE, WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION.
C) OWNERS IS TO DELIVER THE CARGO UNDER THROUGH BILL OF LADING TO THE RECEIVERS WAREHOUSE AND/OR SILOS IN LA PAZ BOLIVIA (FREE ON RAIL/TRUCK) AT OWNERS TIME, RISK AND EXPENSE. CARRIERS TO ARRANGE ALL CUSTOMS CLEARANCE AND FORMALITIES AND PASSAGE AT THE DISCHARGE PORT AND FORMALITIES AT ALL POINTS OF ENTRY AT CARRIERS EXPENSE. ALL NECESSARY SECURITY MEASURES SHOULD BE TAKEN TO INSURE SAFE ARRIVAL OF FOOD FOR THE HUNGRYS CARGO(ES) AT THE RESPECTIVE FINAL DESTINATION. OWNERS TO DELIVER CARGO TO FINAL DESTINATION AT A MINIMUM OF 10 TRUCKS PER DAY AFTER VESSEL DISCHARGES AND ONCE CARGO IS READY FOR DELIVERY. OWNERS TO PROVIDE THE NAME OF THE INLAND
CONTRACTOR PRIOR TO CHARTERERS/USDA FINAL APPROVAL OF THE FREIGHT FIXTURE.
D) 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.
E) LAYTIME AT LOADPORT: LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY SUPPLERE(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.) REFARDLESS 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, CCC OR USDA BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNERS AND THE COMMODITY SUPPLER(S). ANY/ALL DISPUTES BETWEEN OWNERS AND THE COMMODITY SUPPLIER(S) ARISING OUT OF THIS CONTRACT RELATING TO THE SETTLEMENT OF LAYTIME ISSUES SHALL BE ARNITRATED IN NEW YORK SUBJECT TO THE RULES OF THE SOCIETY OF MARITIME ARBITRATORS, INC.
F) PER CHARTERERS PROFORMA C/P CLAUSE 33, OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL NCB, CERTIFICATION THAT VESSELS HATCH COVERS AND ANY OTHER OPENINGS LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY OUTSIDE WATER ENTERING THE CARGO COMPARTMENTS,
8. VESSLES AND TUG/BARGE COMBINATION MUST HAVE ALL OPENINGS TO CARGO SPACES AND THE HATCHS COVERS TIGHTLY SEALED WITH TAPE OR BY OTHER MEANS TO ASSURE WATER TIGHT INTEGRITY. THE SEALING SHALL BE DONE TO SATISFACTION OF ATTENDING NCB SURVEYOR AS ATTESTED BY A SPECIAL SURVEY. COST OF SEALING HATCH COVERS/OPENING TO CARGO SPACES AS WELL AS SPECIAL SURVEY FEES SHALL BE FOR VESSEL OWNERS ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS LIABILITY AND RESPONSIBILITY TOWARD THE CARO.
- TUG/BARGE TOW ARRANGEMENT TO BE INSPECTED/CERTIFIED BY THE SALVAGE ASSOCIATION PRIOR TO LOADING, AT OWNERS TIME/RISK/EXPENSE. COPY OF SAID CERTIFICATE TO BE SUBMITTED TO CHARTERERS AGENT AT TIME OF TENDER NOR TO LOAD.
9. OFFER TO PROVIDE BREAKDOWN OF FREIGHT RATE AS FOLLOWS:
A) OCEAN TRANSPORTATION
B) BULK DISCHARGE COST
C) INLAND TRANSPORTAION
D) LIGHTENING COST, IF APPLICABLE
10. FREIGHT RATES TO BE QUOTED PER MT VESSEL LOAD WITH DEMURRAGE/DESPATCH/BERTH TERMS DISCHARGE WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION BASIS ONE LOADING PORT TO ONE DISCHARGE PORT, PLUS ADDITIONAL FREIGHT FOR EACH ADDITIONAL LOAD PORT, IF USED.
11. OFFERORS ARE ENCOURAGED TO INCLUDE ALL INFORMATION AS LISTED BELOW 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 PORTS
D. LOAD RATES
E. LAYDAYS
F. ETA AT LOAD PORT
G. FREIGHT RATE PER MT AND ADDITIONAL FREIGHT FOR ADDITIONAL PORT(S)
H. DEMURRAGE-DESPATCH AT LOADPORT
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.
12. ONLY OFFERS OF NAMED VESSLES WITH FULL PARTICULARS PROVIDED WILL BE CONSIDERED.
13. NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. OR FOREIGN FLAG SHIPMENTS.
14. 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.
15. 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 PHOOSPHIDE PREPARATION MUST BE CONTAINED IN PACKING 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 ACCPETABLE 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 A WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
16. NON U.S. FLAG VESSELS MUST BE REGISTERED HIGHEST IN LLOYDS OR EQUIVALENT AND MUST NOT BE MORE THAN 20 YEARS OLD.
17. FOR U.S. FLAG VESSELS, OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSELS COST PRIOR TO SUBMISSION OF OFFER.
18. OFFERS OF U.S. FLAG VESSEL MUST GUARANTEE THAT APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NOT HIGHER THAN THE MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT ORIGINALLY APPROVED VESSEL (INCLUDING TUG AND/OR BARGE IS SUBSTITUTED BY A LOWER COST VESSEL. FOR U.S. VESSELS LOADING LESS THAN A FULL CARGO, THE LESS THAN FULL CARGO, FREIGHT RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY REVISED MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.
19. U.S. FLAG VESSELS WHICH REQUIRE PRIOR APPROVAL FROM THE MARITIME ADMINISTRATION (MARAD) TO PARTICIPATE IN PREFERENCE CARGOS BECAUSE OF OPERATING DIFFERENTIAL SUBSIDY (DS) CONTRACTUAL CONSTRAINTS, OR BECAUSE OF REFLAGGING/FOREIGN CONSTRUCTION ELIGIBILITY ISSUES MUST OBTAIN SUCH MARAD APPROVAL PRIOR TO SUBMISSION OF BIDS.
20.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.
21. ISM AND ISPS CODE COMPLIANCE. CARRIER GUARANTEES THAT THIS VESSEL IS REQUIRED BY THE ISM (NON SELF-PROPELLED BARGES ARE EXEMPT), AND ISPS CODE ISSUED IN ACCORDANCE WITH INTERNATIONAL CONVENTION FOR THE SAFTEY OF LIFE AT SEA (1974) AS AMENDED (SOLAS) COMPLIES FULLY WITH THE INTERNATIONAL SAFTEY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND PORT FACILITY 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. CARRIER ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS RESULT OF THE CARRIER OR THE VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.
22. SUBSTANDARD VESSELS: SECTION 408 OF THE 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 THE 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).
23. FREIGHT PAYMENT WILL BE EFFECTED AS FOLLOWS:
A) 60 PERCENT OF FREIGHT WILL BE PAYABLE UPON NOTICE SATISFACTORY TO CHARTERERS OF VESSELS ARRIVAL AT FIRST PORT OF DISCHARGE, WHICH NOTICE WILL BE PART OF THE DOCUMENTATION REQUIRED TO BE PRESENTED BY CARRIER AS A CONDITION OF PAYMENT.
B) BALANCE 40 PERCENT OF FREIGHT WILL BE PAYABLE UPON CONFIRMATION FROM CHARTERERS THAT OWNERS HAVE FULFILLED THEIR RESPONSIBILITY UNDER THIS CHARTER PARTY. PLEASE NOTE PROVISION IN THE CHARTER PARTY REGARDING PAYMENT BY ELECTRONIC TRANSFER.
24. A BROKERAGE COMMISSION IS PAYABLE BY OWNERS ON GROSS FREIGHT, DEADFREIGHT, AND DEMURRAGE. TWO-THIRDS OF 2.5 PERCENT TO BE PAID TO MISSIONARY EXPEDITERS, INC. AND ONE-THIRD OF 2.5 PERCENT TO BE PAID TO OWNERS BROKER, IF OWNERS BROKER IS INVOLVED IN THE VESSEL FIXTURE, OR A FULL 2.5 PERCENT TO BE PAID TO MISSIONARY EXPEDITERS, INC. IF THE VESSEL FIXTURE IS ARRANGED WITHOUT OWNERS BROKER.
25. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF FOOD FOR THE HUNGRYS FOOD FOR PROGRESS BULK CARGOES/BOLIVIA PROFORMA CHARTER PARTY (SEPTEMBER 2007) WHICH ARE AVAILABLE UPON REQUEST FROM MISSIONARY EXPEDITERS, INC.
26. CHARTERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY AND/OR ALL OFFERS.
27. OFFERS TO BE RECEIVED BY: MISSIONARY EXPEDITERS, INC. 5620 TCHOUPITOULAS STREET, NEW ORLEANS, LA 70115. TEL: 504 891 6300, FAX: 504 891 6365. US AND NON-US FLAG OFFERS WILL BE OPENED IN PUBLIC AT MISSIONARY EXPEDITERS OFFICE AT 1200 HOURS WASHINGTON D.C. TIME. SEPTEMBER 25, 2007, AND WILL REMAIN VALID UNTIL CLOSE OF BUSINESS WASHINGTON , D.C. TIME SEPTEMBER 27, 2007. 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 1200 HRS WASHINGTON DC TIME, SEPTEMBER 25 2007 AS PRINTED ON OFFER (BASED ON EASTERN STANDARD/EASTERN DAYLIGHT SAVING TIME, AS APPROPRAITE) AND CONTINUES TRANSMITTING PAST 1200 HOURS UNTIL COMPLETION, CHARTERES WILL CONSIDER THE OFFER AS IF IT HAD COMPLETED TRANSMITTING BEFORE 1200 HOURS, HOWEVER, CHARTERERS WILL NOT CONSIDER ANY FAX OFFER WHICH CONNECTS TO OUR FAX MACHINE AFTER 1200 HOURS. OFFERS SUBJECT OPEN WILL BE CONSIDERED IF SUBJECT IS LIFTED LATEST BY 1100 HOURS WASHINGTON DC ON SEPTEMBER 26, 2007