Uganda Award09-018P

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09-018B Uganda Award
September 25, 2009

Booking Results:

IFB No. FINCA-FFP-UG-09-018B
Charterer: FINCA International
Vessel Owner: U.S. Flag Tanker "KEYSTONE TEXAS"
Loading: 1/2 SB 1/2 SP U.S. Gulf
Final Destination: Kampala and/or Jinja, Uganda
Laydays: October 6-16, 2009
Frt Rate: $308.50 per MT basis one loadberth/one loapdort
($157.00/Ocean + $5.50/Bulk Dicharge + $5.00/Bagging + $141.00/Inland Transportation)
Add $23.00 per metric ton if vessel loads Corpus Christi, TX or Mississippi River All other terms and condition pursuant tender terms.

Regards,
Sherry A. Sons
Panalpina, Inc. Sterling, USA, Ocean Exports 22750 Glenn Drive, Sterling, VA 20164
Tele: (703)-834-2000
Direct Tele: (703) 674-2317
Email: sherry.sons@panalpina.com

09-018B Uganda Tender
September 16, 2009

Freight Tender: FINCA / Food For Progress / Bulk Wheat for UGANDA

PANALPINA, INC., ON BEHALF OF FINCA INTERNATIONAL, REQUESTS OFFERS OF U.S. AND NON U.S. FLAG GEARED AND GEARLESS VESSELS TO LIFT THE FOLLOWING CARGOES UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

1. IFB No. FINCA-FFP-UG-09-018B

2. COMMODITY: WHEAT IN BULK

3. QUANTITY/LAYDAYS:

-15,000 MT WHEAT (HRW) IN BULK LAYDAYS: OCTOBER 6-16,2009

-OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN THE EVENT THAT THE QUANTITIES PURCHASED ARE MORE OR LESS THAN THE QUANTITIES STATED IN THIS TENDER. CONTRACTED 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 LAYDAY AS ABOVE, AND THE VESSELS WHICH ARE OFFERED WITH A CANCELING DATE BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.

-WHEAT IS TO BE ACCOMPANIED WITH 102 PERCENT EMPTY BAGS, TO BE CARRIED FREIGHT FREE. EMPTY BAGS ARE TO BE DELIVERED TO OWNERS OR THEIR APPOINTED AGENTS FREE ALONGSIDE (F.A.S.)POINT OF REST (UNDER COVER) AT OWNERS’DESIGNATED LOAD BERTH. OWNERS ARE TO NOMINATE LOAD BERTH(S) FOR THE EMPTY BAGS WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIPT OF CHARTERERS’ NOMINATION OF LOAD PORT(S) FOR THE CARGO.  OWNERS’ DESIGNATED LOAD BERTH MUST PROVIDE A POINT OF REST WITH UNDER COVER PROTECTION FROM THE WEATHER FOR THE EMPTY BAGS. OWNERS WILL BE RESPONSIBLE FOR ANY/AND ALL COSTS ASSOCIATED WITH PLACING THE EMPTY BAGS ABOARD THE VESSEL FROM THEIR F.A.S. POINT OF REST (UNDER COVER). EMPTY BAGS WILL BE TRANSPORTED ON VESSEL TO DESTINATION(S)FREIGHT FREE. NEEDLES AND TWINE ARE TO BE SUPPLIED BY VESSEL OWNER.

-ONCE VESSEL SAILS FROM U.S. TERRITORIAL WATERS, VESSL MUST NOT LOAD ANY ADDITIONAL CARGOES UNTIL FINCA’S CARGO HAS BEEN DISCHARGED AS CONTRACTED.

-IF CONTRACTED ON PART CARGO BASIS, OWNER IS TO PROVIDE ITINERARY OF VESSEL. ANY ADDITIONAL COMPLETION CARGO MUST BE DULY SEPARATED, MUST BE COMPATIBLE AND NON-INJURIOUS TO FINCA’S FOOD FOR PROGRESS WHEAT CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA. IF ARTIFICAL SEPARATIONS ARE TO BE USED, SAME TO BE STATED BY OWNER IN THEIR OFFER AND THE METHOD OF SEPARATION SHALL BE SUBJECT TO FINCA APPROVAL AND MUST BE APPROVED BY NCB PRIOR TO LOADING.
IF COMPLETION CARGO IS TO BE CONTRACTED AFTER FIXTURE OF FINCA’S CARGO, THEN OWNER WILL BE REQUIRED TO GET FINCA’S APPROVAL PRIOR TO AGREEING TO SUCH CARGO. VESSEL’S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY FINCA/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF FINCA’S CARGO.

-OWNERS TO PROVIDE 14 (FOURTEEN) DAYS PREADVICE OF VESSEL READINESS TO LOAD. THE 14 DAY PREADVICE MUST BE RECEIVED BY CHARTERER’S 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 INCLUDING BUT NOT NORTH OF PORT ALLEN TO BE CONSIDERED AS ONE PORT / COLUMBIA RIVER DISTRICT INCLUDING PORTLAND TO BE CONSIDERED AS ONE PORT / SAN FRANCISCO BAY AREA INCLUDING SACRAMENTO AND STOCKTON TO BE CONSIDERED AS ONE PORT).

5. DISCHARGE/FINAL DESTINATION POINT: CARGO IS TO BE DELIVERED TO KAMPALA AND/OR JINJA, UGANDA UNDER THROUGH BILL(S) OF LADING VIA MOMBASA, KENYA DISCHARGE PORT AT OWNER’S TIME, RISK AND EXPENSE. WHEAT CARGO IS TO BE BAGGED AT DISCHARGE PORT AT OWNER’S TIME, RISK AND EXPENSE. HAND BAGGING IS NOT PERMITTED. CARGO IS TO BE DELIVERED TO RECEIVER’S WAREHOUSE(S) DOOR IN KAMPALA AND/OR JINJA, UGANDA AT OWNER’S TIME, RISK AND EXPENSE.  IT IS OWNERS SOLE RESPONSIBILITY FOR VESSEL MEETING ALL BERTH RESTRICTIONS AT THE DISCHARGE PORT(S). ANY LIGHTENING REQUIRED AS A RESULT OF VESSEL’S FAILURE TO MEET BERTH RESTRICTIONS AT THE DISCHARGE PORT(S) IS FOR OWNER’S TIME, RISK AND EXPENSE.

6. TERMS:

(A) LOADING TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW BASED ON VESSEL'S 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 MT PER DAY
20,000 - 29,999.99 MT 6,000 MT PER DAY
30,000 - 39,999.99 MT 7,500 MT 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
20,000-29,999.99 MT 6,000 MT PER DAY
30,000-AND ABOVE 7,500 MT PER DAY

MULTI-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY. LASH/SEABEE BARGES: THE LOAD GUARANTEE SHALL NOT APPLY.

(B) DISCHARGING TERMS: FULL BERTH TERMS ALL INCLUSIVE WITH NO DEMURRAGE, NO DESPATCH, NO DETENTION. CARGO IS TO BE BAGGED AT DISCHARGE PORT AT OWNERS TIME, RISK, AND EXPENSE. OWNER IS TO DELIVER THE CARGO UNDER THROUGH BILL OF LADING TO THE RECEIVERS WAREHOUSE DOOR IN KAMPALA AND/OR JINJA, UGANDA AT OWNER’S 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 FINCA’S CARGOES AT THE RESPECTIVE FINAL DESTINATION(S).  OWNERS TO DELIVER CARGO TO FINAL DESTINATION AT A MINIMUM OF 200 METRIC TONS PER DAY AFTER VESSEL DISCHARGES, CARGO IS BAGGED AND IS READY FOR DELIVERY. OWNER’S TO PROVIDE THE NAME OF THE INLAND CONTRACTOR PRIOR TO CHARTERER’S/USDA FINAL APPROVAL OF THE FREIGHT FIXTURE. ONLY NAMED INLAND CONTRACTOR WILL BE ACCEPTABLE. OFFERORS ARE REQUESTED TO INCLUDE OFFERED VESSEL’S CURRENT POSITION, ITINERARY, TRANSIT TIME TO DISCHARGE PORT AND INLAND TRANSIT TIME TO POINT(S) OF INITIAL DISCHARGE IN UGANDA.  THE VESSEL OWNER IS TO BE FULLY RESPONSIBLE FOR THE CARGO DURING THE ENTIRE PROCESS OF DISCHARGING, BAGGING, AND TRANSPORTING TO THE RECEIVER’S WAREHOUSE DOOR(S). OWNERS TO PROVIDE LABOR AND ALL NECESSARY EQUIPMENT FOR BAGGING AND LOADING. OWNER IS TO ADVISE CHARTERER OF THE METHOD OF BAGGING (HAND BAGGING NOT PERMISSIBLE), BAGGING RATE AND NAME OF BAGGING CONTRACTOR PRIOR TO FIXTURE. BAGGING CONTRACTOR TO BE SUBJECT TO CHARTERER’S APPROVAL. IF HAND BAGGING IS PERFORMED IN BREACH OF CONTRACT, THE BAGGING RATE TO BE REDUCED TO USD 1.00 PER METRIC TON.

(C ) 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.

(D) LAYTIME AT LOADPORT.

-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 NOS.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 CHARTERERS OR CCC 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 MARITIME ARBITRATORS, INC.

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

8. VESSEL GEAR REQUIREMENTS: VESSEL MUST BE CAPABLE OF SELF-DISCHARGE WITH VESSEL’S GEAR OR OWNER-SUPPLIED SHORESIDE GEAR.  DISCHARGING EQUIPMENT MUST MEET ALL REQUIREMENTS AND REGULATIONS OF THE APPLICABLE PORT AUTHORITIES. MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL'S CREW FREE OF CHARGE TO CHARTERERS.  VESSELS AND ITB’S MUST HAVE ALL OPENINGS TO CARGO SPACES AND HATCH COVERS SUITABLY 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 VESSEL'S 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.  OWNERS OF INTEGRATED TUG-BARGE MUST ALSO HAVE TOW ARRANGEMENT DULY INSPECTED AND CERTIFIED BY THE SALVAGE ASSOCIATIONS INSPECTOR AT OWNERS EXPENSE.

9. LIGHTENING, IF REQUIRED, TO BE AT VESSEL OWNERS TIME RISK AND EXPENSE. LIGHTENING, IF REQUIRED, IS TO BE PERFORMED IN THE TERRITORIAL WATERS OF KENYA. LIGHTENING VESSEL(S) MUST MEET ALL TENDER AND APPLICABLE PORT AUTHORITY REQUIREMENTS. COST OF LIGHTENING TO BE STIPULATED IN THE OFFER. IF FULL OR PARTIAL LIGHTENING REQUIRED, LIGHTERAGE INTO ONE SUITABLE DAUGHTER VESSEL IS FOR OWNER’S TIME, RISK AND EXPENSE. DOUBLE HANDLING BY VACUVATORS IS NOT PERMITTED. THE DAUGHTER VESSEL MUST BE CERTIFIED FIT FOR RECEIPT OF FINCA’S CARGO BY A FIRST CLASS INDEPENDENT SURVEYOR. IN THE EVENT LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT, SAID LIGHTENING COSTS SHALL BE DEDUCTED FROM THE FREIGHT.

10. 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 CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.

11. AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT/RECEIVERS INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED, AND PROVIDED CLEAN BILLS OF LADING WERE ISSUED, FUMIGATION COSTS, IF ANY, ARE FOR OWNERS (VESSELS) ACCOUNT, AND TIME USED IS TO COUNT FOR U.S. FLAG VESSELS; AND NOT TO COUNT FOR NON U.S. FLAG VESSELS.

12. FREIGHT RATE TO BE QUOTED PER METRIC TON ON THE BASIS OF VESSEL LOAD/DELIVERED IN BAGS AT RECEIVERS’ WAREHOUSE. THE OCEAN TRANSPORTATION SEGMENT TO BE QUOTED BASIS ONE LOADING PORT TO ONE DISCHARGING PORT. ADDITIONAL FREIGHT CHARGE MUST BE STATED FOR ADDITIONAL LOADING PORT(S)/BERTHS AND WILL BE CONSIDERED IN DETERMINING LOWEST LANDED COST IN THOSE SITUATIONS WHERE COMMODITIES ARE LIKELY TO BE LOADED AT MORE THAN ONE PORT.
OWNER TO PROVIDE BREAKDOWN OF FREIGHT RATE AS FOLLOWS:

(A) OCEAN TRANSPORTATION BASIS ONE LOAD BERTH/PORT TO ONE DISCHARGE BERTH/PORT.

(B) FREIGHT CHARGE FOR ADDITIONAL LOAD BERTH /PORT AND ADDITIONAL DISCHARGE PORT/BERTH.

(C) BULK DISCHARGE

(D) BAGGING SERVICES

(E) INLAND TRANSPORTATION

(F) LIGHTENING COST, IF APPLICABLE.

13. NON U.S. FLAG VESSELS MUST BE REGISTERED HIGHEST IN LLOYDS OR
EQUIVALENT AND MUST NOT BE MORE THAN 20 YEARS OLD.

14. NON-VESSELS OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. OR FOREIGN FLAG SHIPMENTS.

15. ONLY OFFERS OF NAMED VESSELS WITH FULL PARTICULARS PROVIDED WILL BE CONSIDERED.

16. ANY EXTRA INSURANCE ON CARGO AND FREIGHT DUE TO VESSELS AGE, CLASS, TYPE, FLAG, CONFIGURATION OR OWNERSHIP OF THE VESSEL IS TO BE FOR OWNERS ACCOUNT, BUT NOT TO EXCEED NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.

17. U.S. FLAG APPROVED FREIGHT RATE(S) WILL BE REDUCED TO A LEVEL NOT HIGHER THAN THE MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT ORIGINALLY APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST VESSEL.  ONE WAY RATE MUST BE QUOTED IN ADDITION TO ROUND TRIP RATE FOR U.S. NON LINER VESSELS WHOSE DATE OF ORIGINAL "REPEAT" ORIGINAL (NOT REBUILT DATE)CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.  FREIGHT RATE FOR U.S. FLAG VESSELS OFFERING BASIS FULL CARGO BUT LOADING LESS THAN A FULL CARGO, THE LESS THAN FULL CARGO FREIGHT RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY REVISED MARAD FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.

OFFERS OF U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL 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 BEFORE SUBMISSION OF OFFERS.

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.

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

19. OFFERS OF NAMED VESSELS ONLY, NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT CHARTERER'S/USDA'S APPROVAL.

20. ISM AND ISPS CODE COMPLIANCE:  OWNER 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 CHARTER PARTY. UPON REQUEST, OWNERS TO PROVIDE CHARTERERS 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. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE OWNER OR THE VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

21. 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 OWNER’S 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.

22. COMPLIANCE WITH SECTION 408 OF THE U.S. 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 THIS 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. OFFERORS ARE ENCOURAGED TO INCLUDE ALL INFORMATION AS LISTED BELOW AND 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 PORT

D. LOAD/DISCHARGE RATE

E. LAYDAYS

F. ETA AT LOAD PORT

G. FREIGHT RATE PER MT AND ADDITIONAL FREIGHT FOR ADDITIONAL PORT(S)/BERTH

H. DEMURRAGE-DESPATCH

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.

NB: THE FREIGHT OFFER MUST INCLUDE THE VESSEL’S DESCRIPTION AND WARRANTED SPEED;VESSEL’S CURRENT POSITION; VESSEL’S ITINERARY FROM DATE OF THIS OFFER TO THE LAYDAYS OF THIS TENDER; CARGO/QUANTITY; LOADPORT ; DISCHARGE PORT; LAYDAYS; PLANNED ROUTING OF VOYAGE AND ETAS FOR LOAD PORT/ DISCHARGE PORT/ FINAL DESTINATION. PLEASE NOTE THIS IS A MONETIZATION CARGO AND MAINTAINING THE ACCURACY OF SCHEDULED DELIVERY AND INTEGRITY OF THE CARGO IS OF PARAMOUNT IMPORTANCE.

24. ALL OFFERS AND SUBSEQUENT AWARDS OF CONTRACTS WILL BE SUBJECT TO THE PROVISIONS OF THE FOOD FOR PROGRESS ACT OF 1985 AND ALL APPLICABLE U.S. DEPARTMENT OF AGRICULTURE REGULATIONS PURSUANT THERETO.

25. OFFERS MUST BE SUBMITTED BASIS CURRENT FINCA INTERNATIONAL PROFORMA CHARTER PARTY FOR FOOD FOR PROGRESS BULK WHEAT (THROUGH BILL OF LADING WITH BAGGING AT DISCHARGE PORT) FOR UGANDA ADAPTED SEPTEMBER 2009) AND THIS IFB.

26. FREIGHT PAYMENT WILL BE EFFECTED AS FOLLOWS:

A. 65 PERCENT OF FREIGHT WILL BE PAYABLE UPON NOTICE SATISFACTORY TO CHARTERERS OF VESSEL’S 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 35 PERCENT OF FREIGHT WILL BE PAYABLE UPON CONFIRMATION FROM CHARTERERS THAT OWNERS HAVE FULFILLED THEIR RESPONSIBILITIES UNDER THIS CHARTER PARTY.  PLEASE NOTE PROVISION IN THE CHARTER PARTY REGARDING PAYMENT BY ELECTRONIC TRANSFER

27. BROKERAGE COMMISSION IS PAYABLE BY OWNERS ON GROSS FREIGHT, DEADFREIGHT, AND DEMURRAGE TO PANALPINA, INC. AS FOLLOWS: 2.5 PERCENT IF THE FIXTURE IS ARRANGED WITHOUT OWNER'S BROKER AND IF OWNERS' BROKER IS INVOLVED, 2/3RDS OF 2.5 PERCENT IS PAYABLE TO PANALPINA, INC. AND 1/3RD OF 2.5 PERCENT IS PAYABLE TO OWNERS' BROKER.

28. OFFERS TO BE RECEIVED BY:

PANALPINA, INC.
22750 GLENN DRIVE
STERLING, VA 20164
TELEFAX: 703-733-4353

U.S. AND NON U.S. FLAG OFFERS WILL BE OPENED IN PUBLIC AT PANALPINA’S OFFICE AT 1100 HOURS WASHINGTON, D.C. TIME, MONDAY, SEPTEMBER 21, 2009, AND REMAIN VALID UNTIL CLOSE OF BUSINESS WASHINGTON, D.C. TIME, WEDNESDAY, SEPTEMBER 23, 2009. 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 1100 HRS WASHINGTON,D.C. TIME, AS PRINTED ON OFFER (BASED ON EASTERN STANDARD/EASTERN DAYLIGHT SAVING TIME, AS APPROPRIATE) AND CONTINUES TRANSMITTING PAST 1100 HOURS UNTIL COMPLETION, CHARTERERS WILL CONSIDER THE OFFER AS IF IT HAD COMPLETED TRANSMITTING BEFORE 1100 HOURS, HOWEVER, CHARTERERS WILL NOT CONSIDER ANY FAX OFFER WHICH CONNECTS TO OUR FAX MACHINE AFTER 1100 HOURS.  OFFERS “SUBJECT OPEN” WILL BE CONSIDERED IF LIFTED LATEST BY 1400 HOURS WASHINGTON, D.C. ON MONDAY, SEPTEMBER 21, 2009.