Mongolia Award08-034B
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08-034B Mongolia Award
December 16, 2008
Shipper/charterer: Mercy Corps
Owner: Hawaiian Sugar and Transportation Cooperative
Vessel: "HSTC-1" with tug "MOKU PAHU", U.S.A. flag ITB self trimming bulk
carrier
Cargo description/shipment details -
Reference Number: 08MC0857-13
USDA Tracking Nr: 08-034B-01
Quantity/Commodity/Packing: 25,000 MT US # 2 O/B Hard Red Winter Wheat
(HRWW) in Bulk
Type: Development / Monetization
Load Point: 1 / 2 SB each, 1 / 2 SP US Port Load Terms: as per tender and
proforma C/P Lay Days: 12.23.08 - 01.02.09 Discharge port/terms: Full berth
terms with no demurrage, no despatch, no detention. Owners to deliver cargo via
rail cars in bulk under through Bill of Lading via Vladivostok, Russia to points
of initial discharge in Ulaanbaatar and Choibalsan, Mongolia at owner's time,
risk and expense. Final determination of tonnages: 20,000 MT to Ulaanbataar, and
5,000 MT to Choibalsan. Receivers to discharge rail cars at final destination
point(s) at receivers' time, risk and expense.
Freight rate: $268.14 (O/F: $108.61/MT; Bulk discharge: $9.23/MT; Foreign inland
to final destination (weighted average): $150.30/MT) The above rates are basis
one (1) port, one (1) berth load.
One way rate: same as round trip rate.
Demurrage at load port: $30,000 / HD.
08-034B Mongolia Tender
December 8, 2008
FREIGHT TENDER: MERCY CORPS MONGOLIA FFP FY 2008
IFB NR: 08-034B
OSGM: FCC-438-2008/021-00
DATE: December 8, 2008
PANALPINA, INC., ON BEHALF OF MERCY CORPS, REQUEST OFFERS OF U.S. AND NON-U.S.
FLAG VESSELS GEARED OR GEARLESS VESSELS (TOWED TUG BARGE ARRANGEMENTS ARE NOT
ACCEPTABLE) FOR TRANSPORTATION OF APPROXIMATELY 25,000 MT HARD RED WINTER (HRW)
WHEAT IN BULK, FULL OR PART CARGO, FINANCED UNDER THE FOOD FOR PROGRESS (FFP)
ACT.
1. COMMODITY/QUANTITY: APPROX. 25,000 MT HRW WHEAT IN BULK. 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.
CONTRACTED QUANTITY MUST BE ON A MIN/MAX BASIS.
IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES MUST BE
DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO CHARTERER'S CARGO AND
MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS / USDA IF CONTRACTED AFTER
FIXTURE OF CHARTERER'S CARGO. MERCY CORPS (CHARTERERS) PROGRAM CONSIDERATIONS
REQUIRE THAT FOR ANY PART/COMPLETION CARGO, VESSEL'S ITINERARY AND GEOGRAPHIC
PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY
CHARTERERS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO IMPEDE TIMELY
DELIVERY OF CARGO. NATURAL SEPARATIONS ARE PREFERRED. IF ARTIFICIAL SEPARATIONS
OF PART CARGO, SAME TO BE APPROVED BY NCB PRIOR TO LOADING.
2. LAYDAYS: DECEMBER 23, 2008 January 2, 2009
OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT HAVE THE RIGHT
TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL. VESSELS OFFERED WITH LAYDAYS
/ CANCELLING BEYOND THOSE SPECIFIED ABOVE WILL NOT BE CONSIDERED.
3. NON U.S. FLAG VESSELS MUST NOT BE OLDER THAN 25 YEARS AND MUST BE CLASSED
HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT
REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL'S AGE, CLASS,
TYPE, FLAG, OWNERSHIP OR CONFIGURATION WILL BE FOR OWNERS ACCOUNT, BUT NOT
EXCEEDING NEW YORK MARKET RATES FOR U. S. FLAG VESSELS AND LONDON MARKET RATES
FOR NON U.S. FLAG VESSELS. VESSEL TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF
VESSELS' READINESS TO LOAD. PRE-ADVICE MUST BE RECEIVED BY PANALPINA, INC. BY
LATEST 11:00 HRS. WASHINGTON, D.C., TIME ON A REGULAR BUSINESS DAY TO BE
CONSIDERED RECEIVED ON THE SAME DAY. PRE-ADVICE RECEIVED AFTER 11 A.M.
WASHINGTON D.C. TIME ON A REGULAR BUSINESS DAY OR ON A WEEKEND/HOLIDAY WILL BE
CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY.
4.LOADING: 1/2 SB EACH, 1/2 SAFE PORT U. S. PORTS.
THE FOLLOWING AREAS ARE TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT: MISSISSIPPI
RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE COLUMBIA RIVER DISTRICT, INCLUDING
PORTLAND SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO.
5. 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 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. FOR TANKERS, 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 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 WRITTEN STATEMENT FROM THE
CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH THE OFFER.
AT THE DISCHARGE PORT AND/OR FINAL DESTINATION POINT AND UPON INSPECTION BY
GOVERNMENT INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED, AND
PROVIDED CLEAN BILL(S) OF LADING WERE ISSUED, FUMIGATION COSTS, IF ANY, ARE FOR
OWNER'S (VESSEL'S) ACCOUNT.
6. DISCHARGING: VIA VLADIVOSTOCK, RUSSIA (OTHER PROPOSED PORT WILL BE
CONSIDERED).
DISCHARGE TERMS: FULL BERTH TERMS WITH NO DEMURRAGE, NO DESPATCH, NO DETENTION.
OWNERS TO DELIVER CARGO VIA RAIL IN BULK UNDER THROUGH BILL OF LADING TO POINTS
OF INITIAL DISCHARGE IN ULAANBATAAR AND CHOIBALSAN, MONGOLIA AS DECLARED BY
RECEIVERS AT OWNER'S TIME, RISK AND EXPENSE.
FINAL DETERMINATION OF TONNAGES 20,000 MT TO ULAANBATAAR, AND 5,000 MT TO
CHOIBALSAN. RECEIVER'S TO DISCHARGE RAIL CARS AT FINAL DESTINATION POINT(S) AT
RECEIVERS' TIME, RISK AND EXPENSE."
VESSEL OWNERS ARE RESPONSIBLE FOR CUSTOMS CLEARANCES AND OTHER FORMALITIES
REQUIRED AT THE DISCHARGE PORT UP TO POINT OF ENTRY TO MONGOLIA.
OWNERS TO SPECIFY DEM/DES RATES AT LOADPORT IN OFFER. DESPATCH RATES MUST BE
ONE-HALF OF DEMURRAGE RATES QUOTED.
VESSEL TO PROVIDE GEAR AS NECESSARY FOR DISCHARGE.
MERCY CORPS REQUIRES DELIVERY AT FINAL DESTINATION NOT LATER THAN 15 FEBRUARY
2009.
7. FREIGHT RATE: TO BE QUOTED PER METRIC TON BASIS ONE LOADPORT TO ONE DISCHARGE
PORT AS FOLLOWS:
A) OCEAN TRANSPORTATION
B) BULK DISCHARGE
C) LIGHTENING COST, IF APPLICABLE
D) INLAND TRANSPORT COST FROM DISCHARGE PORT TO INITIAL POINT(S) OF DISCHARGE IN
ULAANBAATAR AND CHOIBALSAN, MONGOLIA AS DECLARED BY RECEIVERS.
ANY PREMIUMS TO BE STATED SEPARATELY.
SUCCESSFUL OFFER TO PROVIDE NAME OF INLAND TRANSPORT CONTRACTOR PRIOR TO USDA'S
FINAL APPROVAL OF FIXTURE. ONLY NAMED INLAND TRANSPORT CONTRACTOR WILL BE
ACCEPTABLE.
IT IS REQUESTED THAT OFFERS INCLUDE OFFERED VESSEL'S CURRENT POSITION,
ITINERARY, TRANSIT TIME TO DISCHARGE PORT AND INLAND TRANSIT TIME TO POINT(S) OF
INITIAL DISCHARGE IN MONGOLIA.
IF OWNER INTENDS TO LIGHTEN, THE OFFER SHOULD SPECIFY THE COST OF LIGHTENING,
WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING IS NOT PERFORMED AT
DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH, USDA WILL DEDUCT COST OF
LIGHTENING FROM OCEAN FREIGHT.
8. TANKER DISCHARGE CLAUSE: TANKERS WILL ONLY BE CONSIDERED IF OFFER IS
SUBMITTED ACCOMPANIED WITH A WRITTEN STATEMENT FROM THE (DISCHARGE) PORT
AUTHORITY STATING THAT THE OFFERED VESSEL IS ACCEPTABLE FOR BERTHING AND FOR
DISCHARGING WHEAT INTO RAIL CARS AT THE BERTH WITHIN THE PORT. OTHERWISE, US
FLAG TANKERS WILL BE CONSIDERED ONLY BASIS FULL LIGHTENING AT OWNER'S TIME, RISK
AND EXPENSE. ANY DAUGHTER VESSEL MUST BE A BULK CARRIER, CERTIFIED FIT FOR
RECEIPT AND CARRIAGE OF THE BULK WHEAT BY A FIRST CLASS INDEPENDENT SURVEYOR,
AND MEETING PORT'S DRAFT/LOA RESTRICTIONS.
9. FREIGHT PAYMENT: 65% OF TOTAL FREIGHT WILL BE MADE IN ACCORDANCE WITH C/P
TERMS UPON VESSEL'S ARIVAL AT DISCHARGE PORT. BALANCE OF 35% OF TOTAL FREIGHT
WILL BE MADE IN ACCORDANCE WITH THE C/P TERMS FOLLOWING CHARTERERS' RECEIPT OF
WRITTEN CONFIRMATION FROM RECEIVERS OR ITS AGENTS THAT OWNERS HAVE COMPLETED
DELIVERY OF CARGO AT FINAL DESTINATION AND CHARTERERS' CONFIRMATION THAT OWNERS
HAVE FULFILLED THEIR OBLIGATIONS UNDER THE CHARTER PARTY.
10. TERMS AND CONDITIONS: LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH
TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON
VESSEL'S 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 BFC SATURDAY CLAUSE. ANY STOWING AND/OR TRIMMING TO BE
FOR OWNER'S ACCOUNT.
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -------------------------
20,000 - 29,999.99 6000 MT PER DAY
TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY
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 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 NO. 1-10 INCLUSIVE,
(HEREINAFTER N.A.E.G.A.), REGARDLESS 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 CCC OR CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE
CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE
VESSEL OWNERS AND THE COMMODITY SUPPLIER(S). ANY/ALL DISPUTES BETWEEN VESSEL
OWNERS AND THE COMMODITY SUPPLIER(S) 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 MARINE ARBITRATORS, INC.
11. AT LOAD PORT VESSELS AGENT WILL BE APPOINTED AND PAID FOR BY OWNERS.
OWNER'S TO APPOINT AND PAY FOR THE CHARTERERS' NOMINATED AGENT AT DISCHARGE PORT
PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.
12. VESSELS OVER 15 YEARS OF AGE AND ITB'S TO PROVIDE ADDITIONAL CERTIFICATES
FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY OTHER OPENING LEADING TO
CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY OUTSIDE WATER FROM ENTERING
THE CARGO COMPARTMENTS. OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED
IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE
VESSEL'S COSTS PRIOR TO SUBMISSION OF THE OFFER. U.S. FLAG VESSELS OFFERED
SUBJECT TO MARAD APPROVAL WILL NOT BE CONSIDERED. IF MARAD APPROVAL OF VESSEL IS
REQUIRED, SAME MUST BE OBTAINED PRIOR TO SUBMISSION OF OFFER. U.S. FLAG APPROVED
FREIGHT RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE U.S. MARITIME
ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT THE ORIGINAL APPROVED
VESSEL (INCLUDING ITB'S) IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S.
GOVERNMENT. 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 MARAD FREIGHT
RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO. NON VESSEL
OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. OR FOREIGN
FLAG SHIPMENTS. U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN
ALTERNATE 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. -OFFERORS ARE
ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS: NAME OF OWNERS/OPERATORS, FLAG,
YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED DRAFT, GEAR, SPEED AND NO.OF
HOLDS/HATCHES.
13. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW
105-383 (46 U.S.C. SECTION 3202 (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
THIS MAY BE PREFERENCE CARGO, OWNERS HEREBY WARRANT THAT VESSEL(S)IS NOT
DISQUALIFIED TO CARRY THIS CARGO.
14. 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.
15. FOR NON-U.S. FLAG VESSELS, ONLY FIRM OFFERS WILL BE CONSIDERED. FOR U.S.
FLAG OFFERS, OFFERS THAT ARE "SUBJECT OPEN" WILL ONLY BE CONSIDERED WHEN THE
"SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME 10
DECEMBER 2008. COMMISSION - 2.5 PCT ON FREIGHT / DEADFREIGHT TO PANALPINA, INC.,
IF OFFERED DIRECT. IF BROKER IS INVOLVED, 2/3 OF 2.5% TO PANALPINA, INC., AND
1/3 OF 2.5% TO BROKER. THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT
OFFERS. ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE
CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME. LATE OFFERS
WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX TO:
PANALPINA, INC.
22750 GLENN DRIVE
STERLING, VA 20164
TELEFAX 703 733 4353
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE RULES AND REGULATIONS OF THE
FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO USDA APPROVAL. OFFERS
ARE TO BE RECEIVED NO LATER THAN 1100 HRS., WASHINGTON, DC TIME ON 9 December
2008 FOR REPLY BY 1700 HRS 11 DECEMBER 2008. TELEFAX OFFERS WHICH START PRINTING
BY 1100 HRS 9 DECEMBER 2008 AND CONTINUE TO PRINT PAST THAT TIME WILL BE
CONSIDERED AS BEING RECEIVED ON-TIME. -ALL OFFERS WILL BE OPENED AND READ IN
PUBLIC AT THE OFFICES OF PANALPINA, INC. AT THAT TIME. ONLY OFFERS THAT ARE
RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO NEGOTIATION WILL
BE PERMITTED. -OTHERWISE TERMS AND CONDITIONS IN ACCORDANCE WITH MERCY CORPS
PROFORMA CHARTER PARTY FOR BULK GRAIN (COPIES OF WHICH ARE AVAILABLE ON
REQUEST). FOR FURTHER INFORMATION, CALL PANALPINA, INC. AT 703 674 2351, AS
AGENTS FOR MERCY CORPS.
ISSUED 09 DECEMBER 2008
END