Kyrgyzstan Award08-029P

[FoodAid/FFP/images/ifb-header.html]

08-029P Kyrgyzstan Award

October 27, 2008

Owner: Hapag Lloyd
Vessels: Charleston Express , US flag (P-1)
Itinerary: Vessel Houston to Bremerhaven; rail/truck - Bremerhaven to Bishkek/Osh Cargo description/shipment details -

a. Ref Nr: 08MC0854-07
USDA Tracking No.: 08-029P-001
Commodity: 120 MT Flour, AP in 50 kg bags
Origin: Warehouse 2 East Houston, TX (HBCS) Load port : Houston US load port date: 05 Jan 2009 Discharge port: Bremerhaven
Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).
Rail station code: 719605
Freight rate: $426.00/MT (O/F: $130.00/MT; Fumigation: $12.00/MT; Foreign inland: $264.00/MT; Foreign warehouse: $20.00/MT)

b. Ref Nr: 08MC0854-08
USDA Tracking No.: 08-029P-02
Commodity: 80 MT Flour, AP in 50 kg bags
Origin: Warehouse 2 East Houston, TX (HBCS) Load port: Houston US load port date: 05 Jan 2009 Discharge port: Bremerhaven
Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).
Rail station code: Alamedin Rail Station Code 716908 Freight rate: $407.00/MT (O/F: $130.00/MT; Fumigation: $12.00/MT; Foreign inland: $245.00/MT; Foreign warehouse: $20.00/MT)

c. Ref Nr: 08MC0854-09
USDA Tracking No.: 08-029P-03
Commodity: 90 MT substitutable: Oil-Veg in 6/4 L round or 6/4 L plastic
Origin: RHOU
Load port: Houston
US load port date: 05 Jan 2009
Discharge port: Bremerhaven
Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).
Rail station code: 719605
Freight rate: $583.00/MT (O/F: $179.00/MT; Foreign inland: $384.00/MT; Foreign warehouse: $20.00/MT)

d. Ref Nr: 08MC0854-10
USDA Tracking No.: 08-029P-04
Commodity: 60 MT substitutable: Oil-Veg in 6/4 L round or 6/4 L plastic
Origin: RHOU
Load port: Houston
US load port date: 05 Jan 2009
Discharge port: Bremerhaven
Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).
Rail station code: Alamedin Rail Station Code 716908 Freight rate: $594.00/MT (O/F: $180.00/MT; Foreign inland: $394.00/MT; Foreign warehouse: $20.00/MT)

e. Ref Nr: 08MC0854-11
USDA tracking No.: 08-029P-05
Commodity: 90 MT MR in 50 kg bags
Origin: RHOU
Load port Houston
US load port date: 05 Jan 2009
Discharge port: Bremerhaven
Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).
Rail station code: 719605
Freight rate: $472.00/MT (O/F: $144.00/MT; Fumigation: $12.00/MT; Foreign inland: $296.00/MT; Foreign warehouse: $20.00/MT)

f. Ref Nr: 08MC0854-12
USDA Tracking No.: 08-029P-06
Commodity: 60 MT MR in 50 kg bags
Origin: RHOU
Load port: Houston
US load port date: 05 Jan 2009
Discharge port: Bremerhaven
Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).
Rail station code: Alamedin Rail Station Code 716908 Freight rate: $539.00/MT (O/F: $150.00/MT; Fumigation: $12.00/MT; Foreign inland: $357.00/MT; Foreign warehouse: $20.00/MT)
 

1.       IFB No.: 08-029P

2.       Commodity Request Nr: CR-08-00854

3.       Date:   October 15, 2008

4.       Shipper: Mercy Corps

5.       Issued by Panalpina, Inc. (hereafter Panalpina)

6.       Cargo description:

a. Ref Nr: 08MC0854

Commodity: Flour, AP in 50 kg bags

MT: 120 MT

US load port date: 05 Jan 2009

Discharge port: pls see para 12

Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).

Rail station code: 719605

Fumigation: Yes. Per guidance from FFP, methyl bromide is no longer used. Preferred fumigant is aluminum phosphide.

b. Ref Nr: 08MC0854

Commodity: Flour, AP in 50 kg bags

MT: 80 MT

US load port date: 05 Jan 2009

Discharge port: pls see para 12

Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).

Rail station code: Alamedin Rail Station Code 716908

Fumigation: Yes. Per guidance from FFP, methyl bromide is no longer used. Preferred fumigant is aluminum phosphide.

c. Ref Nr: 08MC0854

Commodity: substitutable: Oil-Veg in 6/4 L round or 6/4 L plastic

MT: 90 MT

US load port date: 05 Jan 2009

Discharge port: pls see para 12

Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).

Rail station code: 719605

d. Ref Nr: 08MC0854

Commodity: substitutable: Oil-Veg in 6/4 L round or 6/4 L plastic

MT: 60 MT

US load port date: 05 Jan 2009

Discharge port: pls see para 12

Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).

Rail station code: Alamedin Rail Station Code 716908

e. Ref Nr: 08MC0854

Commodity: MR in 50 kg bags

MT: 90 MT

US load port date: 05 Jan 2009

Discharge port: pls see para 12

Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).

Rail station code: 719605

Fumigation: Yes. Per guidance from FFP, methyl bromide is no longer used. Preferred fumigant is aluminum phosphide.

f. Ref Nr: 08MC0854

Commodity: MR in 50 kg bags

MT: 60 MT

US load port date: 05 Jan 2009

Discharge port: pls see para 12

Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).

Rail station code: Alamedin Rail Station Code 716908

Fumigation: Yes. Per guidance from FFP, methyl bromide is no longer used. Preferred fumigant is aluminum phosphide.

To determine lowest landed cost, all carriers are required to submit offers for the included cargoes electronically via the Freight Bid Entry System (FBES).  FBES can be accessed through the following website:

https://indianocean.sc.egov.usda.gov/COS/Main

Carriers must be assigned a logon ID and password to access FBES.  Contact the following individuals regarding logon IDs, passwords, and FBES questions or concerns:

Melvin Smith - (816)926-6212

melvin.smith@kcc.usda.gov

Gary Marsden - (816)926-6043

gary.marsden@kcc.usda.gov

SPECIAL NOTE:  Carriers are encouraged to offer on any/all FAS points and bridge points as listed on the USDA documents Approved Ports/Terminals and Form KC-362.

SHIPMENT MUST BE IN 20 FOOT CONTAINERS.  SHIPMENT OF COMMODITIES ON ONE VESSEL PREFERRED.

7. The Carrier shall be responsible for placing containers at the named point of loading, the costs of transportation from said named point of loading to the U.S. port of export and cost of loading the cargo in containers on board the ocean going vessel. Carrier must provide suitable containers to comply with suppliers load and capacity capabilities. Any costs incurred, including, but not limited to liquidated damages and storage, for failing to provide suitable containers will be for the Carriers account. Carrier must ensure that the containers are placed at the commencement of the shipping period and are supplied on a continuous basis, or as otherwise mutually agreed between parties until the contract quantity is fulfilled.

The Carrier must provide loading schedule in their offer.

8. Other details/information required:

a.  Freight to be paid by USDA/CCC, 65% upon vessels arrival at port of discharge and 35% after notice by the charterer/receiver certifying delivery of cargo to final destination

b.       If cargoes are containerized the following special note must apply: Each container should be inspected and has to be certified by FGIS as being (1) in wind-tight and water-tight condition for the intended voyage and possible long term open storage at discharge port (2) not more than 10 years old (3) not being a salvage container from previous owners/having been mustered out from regular service. A survey report certifying/attesting to the above must be submitted with the other documentation required for payment of 65% of ocean freight.

c.       Vessels itinerary and current position.

d.       Full particulars on vessel owners including company name, officers, address, telephone and fax numbers and bank references.

e.        ETA load port, estimated transit time from load port to discharge port and estimated delivery time from discharge port to each of the receivers warehouses in Kyrgyzstan.

f.          Owners load berth at load port.

g.        Type/mode of service

9. Cargo to be loaded at Carriers time, risk and expense with no demurrage/ no despatch/no detention in accordance with the US Food Aid Booking Note dated November 1, 2004.

10. Full berth terms, all inclusive, no demurrage, no despatch, no detention on vessels, containers, rail cars, trucks and/or trailers (BENDS).

11. Ocean freight rate to be in US dollars per MT and must be all inclusive.  All inclusive rate must break out the following components: Ocean freight, inland transportation (domestic and foreign), and any other applicable stacking charges at final destination.

12.  Cargoes are to be delivered on a through bill of lading to receivers warehouse floor in Bishkek Alamedin Rail Station Code 716908, and Osk Rail Station Code 719605 (complete warehouse address to be provided later).  Suggested routing:  US Port to Bremerhaven, Germany. 

Shipment must be in fully enclosed sealed 20-foot marine containers. Commodities to be loaded into containers at the U.S. place of receipt, and remain in same sealed container up to delivery at receiver's warehouse floor. At the time of container loading a security seal must be placed on each container door, and both seal numbers to appear on the ocean bill of lading or B/L rider. Bills of lading may not contain any clause such as Said to Contain, Shippers Load and Count or words of similar effect.

Carrier's through bill of lading service shall include all normal customs clearance/formalities at all points of entry/transit except final destination to ensure that cargoes move to the final destination Osk and Bishkek uninterrupted. Rates to include all costs for documentation necessary for in-transit clearance that is not required by importing country, including any such documentation that must be furnished or obtained by shipper on behalf of carrier.

All offers must fully describe intended routes, including discharge port, relay ports, mode of transport to final destination, customs clearance/in-transit border crossing points, estimated ocean transit time of vessel and from discharge port to destination, and security arrangements. Carrier will not be permitted to deviate from the routing as booked without prior written approval of Shipper. Any request for routing deviation must be made with sufficient advance notice to allow Shipper to determine if survey arrangements will be compromised and to make alternative survey arrangements as necessary.

Inland transport of the containers and delivery to receivers warehouse floor should be managed to fit receivers schedule and capacity for unstuffing.

13.  Discharge/delivery terms: per paragraph 2(C)(ii) of the U.S. Food Aid Booking Note dated November 01, 2004.

14. Customs clearance at destination is the responsibility of the receivers.

15.  Shipper will impose a loading delay assessment (LDA) of $ 1.00 per M/T reduction in freight rate per day or pro-rata. The LDA will be assessed for each day or pro-rata, beyond the contracted load date, plus a ten (10) day grace period, that the vessel fails to present, and to be accepted, at the first (or sole) load port to load the cargo under this freight tender. LDA, if any, will be deducted from the freight payment.   

16. Contract and payment terms: This tender is subject to the US Food Aid Booking Note dated November 01, 2004, which are fully incorporated herein.

17. Freight payment to be made through US Bank's Powertrack System. Carrier shall be responsible for establishing an account directly with US bank.

18. Carriers are fully and solely responsible for any penalty assessed against the cargo by 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 Panalpina, Inc.

19. Carriers shall include all actual and anticipated war risk insurance premiums in their offered rates.  Owners bear the risk of any increase in war risk insurance premiums.

20. Evaluations and contract award: offers which do not comply with the mandatory requirements of the IFB, including but not limited to the minimums and maximums specified above, will not be considered. Offers must include full particulars demonstrating the willingness and ability to meet these requirements. Shipper reserves the right to award without discussions. Award(s) will be to the lowest responsible offeror meeting the mandatory requirements of this IFB.

21.  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) for up to one year after such substandard determination has been published electronically. As the cargo advertised in this tender may be preference cargo, offerors must warrant that vessel(s) and owner/operators are not disqualified to carry such cargo(es).   

22. Commodity, load port and intermodal point abbreviations as per USDA form KC-362.  Delivery terms per USDA Notice to the Trade of April 5, 1995.  For any commodities allocated basis intermodal suppliers plant, vessel owners must comply with suppliers load  and capacity capabilities.  When owners fail to comply with suppliers load capabilities, any costs incurred by CCC including but not limited to carrying charges, liquidated damages, storage, will be for the vessels account.  The owners must ensure that the containers are placed at the plant by the commencement of the suppliers shipping period and supply containers on a continuous basis until the supplier 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.

23. ISM and ISPS Code Compliance. Carrier 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.

24. Shipper reserves the right to require a performance bond in the form of a certified check or cashiers check drawn on a first-class U.S.A. bank equivalent to 5 percent of the ocean freight. If shipper elects to require a performance bond, the check must be made payable to U.S. Department of Agriculture, 1400 Independence Ave., SW, Washington, DC 20250.  Performance bond to be valid until vessel completes loading.  Performance bond may be required on non-US bookings.

25. The USDA Kansas City Commodity Office Notice to the Trade EOD-68 dated May 5, 2000 Change in VLO Requirements and Procedures is hereby incorporated. A copy of notice can be obtained from the following FTP site: http://www.fsa.usda.gov/daco/eod_notices/eod68.pdf .  A copy of the VLO Certificate must be submitted as part of the freight payment package.

26. All flour to be fumigated under USDA Notice to the Trade EOD-83 dated June 13, 2001 (NT EOD-83) and that this fumigation protocol is extended to include all shipping periods for this invitation (deleted).

27. If cargo and/or vessel is found to be infested at discharge port and provided clean bills of lading were issued, fumigation to be at owners time, risk and expense.

28. Offers from NVOCCs will not be considered.

29. Offers must state that vessel is a VOCC.

30. Shipper reserves the right to accept or reject any and all offers.

31. All fixtures are subject to final approval by the shipper, USDA/KCCO/EOD.

32. Offers must be received by no later than 1100 hours Washington, DC time  on Thursday, October 16,  2008. Offer received after 1100 hours will not be considered.

33. Total commissions 2.5%. If offered direct, 2.5% to Panalpina. If offered through a broker, 2/3 of 2.5% to Panalpina and 1/3 of 2.5% to owners broker.

For further information call Panalpina at (703) 674-2351. END

1. IFB No.: 08-029P
2. Commodity Request Nr: CR-08-00854
3. Date: October 10, 2008
4. Shipper: Mercy Corps
5. Issued by Panalpina, Inc. (hereafter Panalpina)
6. Cargo description:

a. Ref Nr: 08MC0854
Commodity: Flour, AP in 50 kg bags
MT: 120 MT
US load port date: 05 Jan 2009
Discharge port: pls see para 12
Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).
Rail station code: 719605

b. Ref Nr: 08MC0854
Commodity: Flour, AP in 50 kg bags
MT: 80 MT
US load port date: 05 Jan 2009
Discharge port: pls see para 12
Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).
Rail station code: Alamedin Rail Station Code 716908

c. Ref Nr: 08MC0854
Commodity: substitutable: Oil-Veg in 6/4 L round or 6/4 L plastic
MT: 90 MT
US load port date: 05 Jan 2009
Discharge port: pls see para 12
Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).
Rail station code: 719605

d. Ref Nr: 08MC0854
Commodity: substitutable: Oil-Veg in 6/4 L round or 6/4 L plastic
MT: 60 MT
US load port date: 05 Jan 2009
Discharge port: pls see para 12
Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).
Rail station code: Alamedin Rail Station Code 716908

e. Ref Nr: 08MC0854
Commodity: MR in 50 kg bags
MT: 90 MT
US load port date: 05 Jan 2009
Discharge port: pls see para 12
Destination: delivered Free on Truck/Warehouse Floor (Osh warehouse address to be provided later).
Rail station code: 719605

f. Ref Nr: 08MC0854
Commodity: MR in 50 kg bags
MT: 60 MT
US load port date: 05 Jan 2009
Discharge port: pls see para 12
Destination: delivered Free on Truck/Warehouse Floor (Bishkek warehouse address to be provided later).
Rail station code: Alamedin Rail Station Code 716908

To determine lowest landed cost, all carriers are required to submit offers for the included cargoes electronically via the Freight Bid Entry System (FBES). FBES can be accessed through the following website:

https://indianocean.sc.egov.usda.gov/COS/Main

Carriers must be assigned a logon ID and password to access FBES.
Contact the following individuals regarding logon IDs, passwords, and FBES questions or concerns:

Melvin Smith - (816)926-6212
melvin.smith@kcc.usda.gov

Gary Marsden - (816)926-6043
gary.marsden@kcc.usda.gov

SPECIAL NOTE: Carriers are encouraged to offer on any/all "FAS points"
and "bridge points" as listed on the USDA documents "Approved Ports/Terminals" and Form KC-362.

SHIPMENT MUST BE IN 20 FOOT CONTAINERS. SHIPMENT OF COMMODITIES ON ONE VESSEL PREFERRED.

7. The "Carrier" shall be responsible for placing containers at the named point of loading, the costs of transportation from said named point of loading to the U.S. port of export and cost of loading the cargo in containers on board the ocean going vessel. "Carrier" must provide suitable containers to comply with supplier's load and capacity capabilities. Any costs incurred, including, but not limited to liquidated damages and storage, for failing to provide suitable containers will be for the "Carrier's" account. "Carrier" must ensure that the containers are placed at the commencement of the shipping period and are supplied on a continuous basis, or as otherwise mutually agreed between parties until the contract quantity is fulfilled.

The "Carrier" must provide loading schedule in their offer.

8. Other details/information required:
a. Freight to be paid by USDA/CCC, 65% upon vessel's arrival at port of discharge and 35% after notice by the charterer/receiver certifying delivery of cargo to final destination
b. If cargoes are containerized the following special note must
apply: Each container should be inspected and has to be certified by FGIS as being (1) in wind-tight and water-tight condition for the intended voyage and possible long term open storage at discharge port
(2) not more than 10 years old (3) not being a "salvage container" from previous owners/having been mustered out from regular service. A survey report certifying/attesting to the above must be submitted with the other documentation required for payment of 65% of ocean freight.
c. Vessel's itinerary and current position.
d. Full particulars on vessel owners including company name,
officers, address, telephone and fax numbers and bank references.
e. ETA load port, estimated transit time from load port to
discharge port and estimated delivery time from discharge port to each of the receivers' warehouses in Kyrgyzstan.
f. Owner's load berth at load port.
g. Type/mode of service

9. Cargo to be loaded at Carriers time, risk and expense with no demurrage/ no despatch/no detention in accordance with the US Food Aid Booking Note dated November 1, 2004.

10. Full berth terms, all inclusive, no demurrage, no despatch, no detention on vessels, containers, rail cars, trucks and/or trailers (BENDS).

11. Ocean freight rate to be in US dollars per MT and must be all inclusive. All inclusive rate must break out the following components:
Ocean freight, inland transportation (domestic and foreign), and any other applicable stacking charges at final destination.

12. Cargoes are to be delivered on a through bill of lading to receivers' warehouse floor in Bishkek - Alamedin Rail Station Code 716908, and Osk - Rail Station Code 719605 (complete warehouse address to be provided later).Suggested routing:  US Port to Bremerhaven, Germany.

Shipment must be in fully enclosed sealed 20-foot marine containers.
Commodities to be loaded into containers at the U.S. place of receipt, and remain in same sealed container up to delivery at receiver's warehouse floor. At the time of container loading a security seal must be placed on each container door, and both seal numbers to appear on the ocean bill of lading or B/L rider. Bills of lading may not contain any clause such as "Said to Contain", "Shippers' Load and Count" or words of similar effect.

Carrier's through bill of lading service shall include all normal customs clearance/formalities at all points of entry/transit except final destination to ensure that cargoes move to the final destination Osk and Bishkek uninterrupted. Rates to include all costs for documentation necessary for in-transit clearance that is not required by importing country, including any such documentation that must be furnished or obtained by shipper on behalf of carrier.

All offers must fully describe intended routes, including discharge port, relay ports, mode of transport to final destination, customs clearance/in-transit border crossing points, estimated ocean transit time of vessel and from discharge port to destination, and security arrangements. Carrier will not be permitted to deviate from the routing as booked without prior written approval of Shipper. Any request for routing deviation must be made with sufficient advance notice to allow Shipper to determine if survey arrangements will be compromised and to make alternative survey arrangements as necessary.

Inland transport of the containers and delivery to receiver's warehouse floor should be managed to fit receivers schedule and capacity for unstuffing.

13. Discharge/delivery terms: per paragraph 2(C)(ii) of the U.S. Food Aid Booking Note dated November 01, 2004.

14. Customs clearance at destination is the responsibility of the receivers.

15. Shipper will impose a loading delay assessment (LDA) of $ 1.00 per M/T reduction in freight rate per day or pro-rata. The LDA will be assessed for each day or pro-rata, beyond the contracted load date, plus a ten (10) day grace period, that the vessel fails to present, and to be accepted, at the first (or sole) load port to load the cargo under this freight tender. LDA, if any, will be deducted from the freight payment.


16. Contract and payment terms: This tender is subject to the US Food Aid Booking Note dated November 01, 2004, which are fully incorporated herein.

17. Freight payment to be made through US Bank's Powertrack System.
Carrier shall be responsible for establishing an account directly with US bank.

18. Carriers are fully and solely responsible for any penalty assessed against the cargo by U.S. Customs enforced compliance program for outbound documentation due in whole or in part to carrier's delay in verifying the final load count and providing said count to Panalpina, Inc.

19. Carriers shall include all actual and anticipated war risk insurance premiums in their offered rates. Owners bear the risk of any increase in war risk insurance premiums.

20. Evaluations and contract award: offers which do not comply with the mandatory requirements of the IFB, including but not limited to the minimums and maximums specified above, will not be considered. Offers must include full particulars demonstrating the willingness and ability to meet these requirements. Shipper reserves the right to award without discussions. Award(s) will be to the lowest responsible offeror meeting the mandatory requirements of this IFB.

21. 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) for up to one year after such substandard determination has been published electronically. As the cargo advertised in this tender may be preference cargo, offerors must warrant that vessel(s) and owner/operators are not disqualified to carry
such cargo(es).

22. Commodity, load port and intermodal point abbreviations as per USDA form KC-362. Delivery terms per USDA Notice to the Trade of April 5, 1995. For any commodities allocated basis intermodal supplier's plant, vessel owners must comply with supplier's load and capacity capabilities. When owners fail to comply with supplier's load capabilities, any costs incurred by CCC including but not limited to carrying charges, liquidated damages, storage, will be for the vessel's account. The owners must ensure that the containers are placed at the plant by the commencement of the supplier's shipping period and supply containers on a continuous basis until the supplier 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.

23. ISM and ISPS Code Compliance. Carrier 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.

24. Shipper reserves the right to require a performance bond in the form of a certified check or cashier's check drawn on a first-class U.S.A.
bank equivalent to 5 percent of the ocean freight. If shipper elects to require a performance bond, the check must be made payable to "U.S.
Department of Agriculture, 1400 Independence Ave., SW, Washington, DC 20250. Performance bond to be valid until vessel completes loading.
Performance bond may be required on non-US bookings.

25. The USDA Kansas City Commodity Office Notice to the Trade EOD-68 dated May 5, 2000 "Change in VLO Requirements and Procedures" is hereby incorporated. A copy of notice can be obtained from the following FTP
site: http://www.fsa.usda.gov/daco/eod_notices/eod68.pdf . A copy of the VLO Certificate must be submitted as part of the freight payment package.

26. All flour to be fumigated under USDA Notice to the Trade EOD-83 dated June 13, 2001 (NT EOD-83) and that this fumigation protocol is extended to include all shipping periods for this invitation.

27. If cargo and/or vessel is found to be infested at discharge port and provided clean bills of lading were issued, fumigation to be at owner's time, risk and expense.

28. Offers from NVOCC's will not be considered.

29. Offers must state that vessel is a VOCC.

30. Shipper reserves the right to accept or reject any and all offers.

31. All fixtures are subject to final approval by the shipper, USDA/KCCO/EOD.

32. Offers must be received by no later than 1100 hours Washington, DC time on Thursday, October 16, 2008. Offer received after 1100 hours will not be considered.

33. Total commissions 2.5%. If offered direct, 2.5% to Panalpina. If offered through a broker, 2/3 of 2.5% to Panalpina and 1/3 of 2.5% to owners' broker.

For further information call Panalpina at (703) 674-2351. END