Dominican Republic Award09-032P

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09-032P Dominican Republic Re-Tender Award
December 14, 2009

IFB No. BRA-DR-FFP-09-032P
Invitation No.: 129D
Shipper: Batey Relief Alliance
Carrier: Crimson Shipping Co., Inc.
Vessel: U.S. Flag "CRIMSON TIDE V135" (P1)
U.S. Tug "ANN T. CHERAMIE"
Loadport: RHOU
Discharge: Caucedo
Cargo Availability: Feb 20, 2010
Freight Rate: $437.39 per MT
All other terms and conditions remain unchanged.
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


09-032P Dominican Republic Cancellation & Re-Tender
December 14, 2009

Freight tender: Batey Relief Alliance – FFP Soybean Oil in Cans to Dominican Republic

FREIGHT TENDER IFB NO. BRA-DR-FFP-09-032P ISSUED DECEMBER 7, 2009 IS HEREBY CANCELED AND IS RETENDERED AS FOLLOWS:

PANALPINA, INC. FOR AND ON BEHALF OF BATEY RELIEF ALLIANCE, TENDERS AND REQUESTS OFFERS OF U.S. AND NON U.S. FLAG VESSELS FOR THE CARRIAGE OF THE FOLLOWING CARGO UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

1. IFB NO. BRA-DR-FFP-09-032P

2. REF. NO.: 09BRA0709-01
CR NO.: CR-09-00709
COMMODITY: SOYBEAN OIL IN 6/4 LITER CANS
CARGO: 100 NET METRIC TONS
LOADPORT: SEE SPECIAL NOTE #B BELOW
DISCHARGE PORT: CAUCEDO, DOMINICAN REPUBLIC

NOTE: ANY OFFERS FOR DISCHARGE SANTO DOMINGO WILL BE CONSIDERED NON-RESPONSIVE.

SPECIAL NOTES:

TO DETERMINE THE LOWEST LANDED COST, ALL CARRIERS ARE REQUIRED TO ELECTRONICALLY SUBMIT OFFERS FOR THE ABOVE CARGOES 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 LOGIN ID AND PASSWORD TO ACCESS FBES. CONTACT THE FOLLOWING INDIVIDUALS REGARDING LOGON ID, PASSWORDS, AND FBES QUESTIONS OR CONCERNS:

-MR. MELVIN SMITH – TEL 816-926-6212
Melvin.smith@kcc.usda.gov

-MS. TERESA HANSEN – TEL 816-926-2605
Teresa.hansen@kcc.usda.gov

-MR. GARY MARSDEN – TEL 816-926-6043
Gary.marsden@kcc.usda.gov

-MR. ALAN GROTE – TEL 816-926-6078
Alan.grote@kcc.usda.gov

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 AND ALL “INTERMODAL PLANT POINTS” AS LISTED ON FORM KC-362.  AVAILABILITY/AT PORT DATE FOR COMMODITY DELIVERIES F.A.S. VESSEL FOR SOLICITATION 129D CARGO IS FEBRUARY 20, 2010. THE POTENTIAL SHIPPING PERIODS FOR BIDS AT THE PLANT OR BRIDGEPOINT LOCATIONS CAN BE FOUND IN THE COMMODITY SOLICITATION.  THE AVAILABILITY/AT PORT AND SHIPPING PERIODS ARE THE CONTRACTUAL REQUIREMENT OF THE SUPPLIER(S), SUCCESSFUL OCEAN CARRIER(S) ARE ENCOURAGED TO COORDINATE WITH SUPPLIER(S) TO ENSURE A SMOOTH LOADING AND/OR TRANSFER OPERATION.

3. TERMS: FULL BERTH TERMS, ALL INCLUSIVE, NO DEMURRAGE/NO DESPATCH/NO DETENTION ON VESSELS, CONTAINERS, TRAILERS, TRUCKS AND /OR RAILCARS BENDS.
IF DELIVERED BREAKBULK PARA 2(B)(i) APPLIES, IF CONTAINERIZED FOR CARRIERS’ CONVENIENCE PARA 2(B)(ii) APPLIES.

4. IF CARGO IS CONTAINERIZED FOR CARRIER’S CONVENIENCE:

-CARGO IS TO BE STUFFED INTO CONTAINERS AT OWNER’S TIME, RISK AND EXPENSE.

-CONTAINERS SHALL BE INSPECTED PRIOR TO LOADING AND AN INSPECTION CERTIFICATE OBTAINED WHICH ENSURES THAT THE CONTAINER IS CLEAN, DRY, FREE OF INSECT INFESTATION AND ODOR, AND IS IN CONDITION TO LOAD AND CARRY FOOD
COMMODITIES.

-CARRIER MUST CERTIFY THAT EACH CONTAINER UTILIZED TO
LOAD THESE CARGOES IS:

(A) IN WIND AND WATER TIGHT CONDITION;

(B) NOT MORE THAN TEN (10) YEARS OLD;

(C) NOT A SALVAGED CONTAINER OR MUSTERED OUT FROM REGULAR SERVICE.
AS A CONDITION OF PAYMENT, CARRIER MUST PROVIDE TO PANALPINA, INC. A SURVEY REPORT ATTESTING TO THE SATISFACTORY CONDITION OF CONTAINERS. SURVEY IS TO BE PERFORMED PRIOR TO LOADING THESE CARGOES.

-COSTS FOR ALL CONTAINER INSPECTIONS SHALL BE FOR THE ACCOUNT OF THE OCEAN CARRIER.

5. NO MINIMUM BILL OF LADING QUANTITIES OR CHARGES OR MINIMUM CONTAINER QUANTITIES OR CHARGES TO APPLY.

6. CENTRAL AMERICAN/CARIBBEAN BARGE CLAUSE:

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 NON-PERMANENT 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.

7. LDA TO APPLY AT USD 1.00 PER METRIC TON PER DAY OR PRO-RATA. BATEY RELIEF ALLIANCE REQUIRES THE CARGO TO ARRIVE AT DISCHARGE PORT 15 DAYS FROM BILL OF LADING DATE.

8. CARRIERS ARE FULLY AND SOLEY 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 PANALINA, INC.

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

10. VESSEL’S DETAILED ITINERARY AND CURRENT POSITION IS TO BE STATED IN OFFER AND SHOULD PROVIDE ESTIMATED SAILING DATE FROM LOADPORT, AND ESTIMATED ETA AT DISCHARGE PORT.

11. 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 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 REAMAIN 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.

12. 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 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).

13. CARRIERS SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE PREMIUMS IN THEIR OFFERED RATES. OWNER BEARS THE RISK OF ANY INCREASE IN WAR RISK INSURANCE PREMIUMS.

14. THE USDA KANSAS CITY COMMODITY OFFICE NOTICE TO THE TRADE EOD-68 DATED MAY 5, 2000 “CHANGE IN VLO REQURIEMENTS 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.

15. A BROKERAGE COMMISSION IS PAYABLE BY OWNERS ON GROSS FREIGHT, DEADFREIGHT, AND DEMURRAGE. TWO-THIRDS OF 2.5 PERCENT TO BE PAID TO PANALPINA, INC. AND ONE-THIRD OF 2.5 PERCENT TO BE PAID TO OWNERS’ BROKER, IF OWNER’S BROKER IS INVOLVED IN THE VESSEL FIXTURE, OR A FULL 2.5 PERCENT TO BE PAID TO PANALIPINA, INC. IF THE VESSEL FIXTURE IS ARRANGED WITHOUT OWNERS’ BROKER.

16. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF U.S. FOOD AID BOOKING NOTE DATED NOVEMBER 1, 2004, WHICH ARE FULLY INCROPORATED HEREIN.

17. CHARTERERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY AND/OR ALL OFFERS.

18. FREIGHT OFFERS TO BE SUBMITTED ELECTRONICALLY VIA FBES NO LATER THAN 1700 HRS (WASHINGTON, D.C. TIME) ON MONDAY DECEMBER 14, 2009. USDA RESERVES THE RIGHT TO ACCEPT WITHOUT DISCUSSION, REJECT, OR NEGOTIATE PROPOSALS, INCLUDING AWARDING INDIVIDUAL LOTS WHENEVER IFB CONTAINS MORE THAN ONE LOT OF CARGO.

09-032P Dominican Republic Amendment
December 7, 2009

Invitation No. 129D – Batey Relief Alliance / Dom Rep – Freight Tender Amendment

On behalf of Batey Relief Alliance we hereby amend freight tender dated December 7, 2009 IFB No. BRA-DR-FFP-09-032P to amend the following items:

Under Special Notes – …….Availability/At port date for commodity deliveries
F.A.S. vessel for solicitation 129D cargo is February 20, 2010…..

Otherwise all tenders terms and conditions remain unchanged.


09-032P Dominican Republic Tender
December 7, 2009

Freight tender: Batey Relief Alliance – FFP Soybean Oil in Cans to Dominican Republic

PANALPINA, INC. FOR AND ON BEHALF OF BATEY RELIEF ALLIANCE, TENDERS AND REQUESTS OFFERS OF U.S. AND NON U.S. FLAG VESSELS FOR THE CARRIAGE OF THE FOLLOWING CARGO UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

1. IFB NO. BRA-DR-FFP-09-032P

2. REF. NO.: 09BRA0709-01
CR NO.: CR-09-00709
COMMODITY: SOYBEAN OIL IN 6/4 LITER CANS
CARGO: 100 NET METRIC TONS
LOADPORT: SEE SPECIAL NOTE #B BELOW
DISCHARGE PORT: CAUCEDO, DOMINICAN REPUBLIC

SPECIAL NOTES:

TO DETERMINE THE LOWEST LANDED COST, ALL CARRIERS ARE REQUIRED TO ELECTRONICALLY SUBMIT OFFERS FOR THE ABOVE CARGOES 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 LOGIN ID AND PASSWORD TO ACCESS FBES. CONTACT THE FOLLOWING INDIVIDUALS REGARDING LOGON ID, PASSWORDS, AND FBES QUESTIONS OR CONCERNS:

-MR. MELVIN SMITH – TEL 816-926-6212
Melvin.smith@kcc.usda.gov

-MS. TERESA HANSEN – TEL 816-926-2605
Teresa.hansen@kcc.usda.gov

-MR. GARY MARSDEN – TEL 816-926-6043
Gary.marsden@kcc.usda.gov

-MR. ALAN GROTE – TEL 816-926-6078
Alan.grote@kcc.usda.gov

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 AND ALL “INTERMODAL PLANT POINTS” AS LISTED ON FORM KC-362.  AVAILABILITY/AT PORT DATE FOR COMMODITY DELIVERIES F.A.S. VESSEL FOR SOLICTIATION 129D CARGO IS FEBRUARY 2, 2010. THE POTENTIAL SHIPPING PERIODS FOR BIDS AT THE PLANT OR BRIDGEPOINT LOCATIONS CAN BE FOUND IN THE COMMODITY SOLICITATION.  THE AVAILABILITY/AT PORT AND SHIPPING PERIODS ARE THE CONTRACTUAL REQUIREMENT OF THE SUPPLIER(S), SUCCESSFUL OCEAN CARRIER(S) ARE ENCOURAGED TO COORDINATE WITH SUPPLIER(S) TO ENSURE A SMOOTH LOADING AND/OR TRANSFER OPERATION.

3. TERMS: FULL BERTH TERMS, ALL INCLUSIVE, NO DEMURRAGE/NO DESPATCH/NO DETENTION ON VESSELS, CONTAINERS, TRAILERS, TRUCKS AND /OR RAILCARS BENDS.

4. IF CARGO IS CONTAINERIZED FOR CARRIER’S CONVENIENCE:

-CARGO IS TO BE STUFFED INTO CONTAINERS AT OWNER’S TIME, RISK AND EXPENSE.

-CONTAINERS SHALL BE INSPECTED PRIOR TO LOADING AND AN INSPECTION CERTIFICATE OBTAINED WHICH ENSURES THAT THE CONTAINER IS CLEAN, DRY, FREE OF INSECT INFESTATION AND ODOR, AND IS IN CONDITION TO LOAD AND CARRY FOOD COMMODITIES.

-CARRIER MUST CERTIFY THAT EACH CONTAINER UTILIZED TO
LOAD THESE CARGOES IS:

(A) IN WIND AND WATER TIGHT CONDITION;

(B) NOT MORE THAN TEN (10) YEARS OLD;

(C) NOT A SALVAGED CONTAINER OR MUSTERED OUT FROM REGULAR SERVICE.

AS A CONDITION OF PAYMENT, CARRIER MUST PROVIDE TO PANALPINA, INC.  A SURVEY REPORT ATTESTING TO THE SATISFACTORY CONDITION OF CONTAINERS.  SURVEY IS TO BE
PERFORMED PRIOR TO LOADING THESE CARGOES.

-COSTS FOR ALL CONTAINER INSPECTIONS SHALL BE FOR THE ACCOUNT OF THE OCEAN CARRIER.

5. NO MINIMUM BILL OF LADING QUANTITIES OR CHARGES OR MINIMUM CONTAINER QUANTITIES OR CHARGES TO APPLY.

6. CENTRAL AMERICAN/CARIBBEAN BARGE CLAUSE:

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 NON-PERMANENT 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.

7. LDA TO APPLY AT USD 1.00 PER METRIC TON PER DAY OR PRO-RATA. BATEY RELIEF ALLIANCE REQUIRES THE CARGO TO ARRIVE AT DISCHARGE PORT 15 DAYS FROM BILL OF LADING DATE.

8. CARRIERS ARE FULLY AND SOLEY 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 PANALINA, INC.

9. OFFERS FROM U.S. FLAG VESSELS MUST BE REGISTERED IN LLOYDS OR EQUIVALENT AND MUST NOT BE MORE THAN 20 YEARS OLD.

10. VESSEL’S DETAILED ITINERARY AND CURRENT POSITION IS TO BE STATED IN OFFER AND SHOULD PROVIDE ESTIMATED SAILING DATE FROM LOADPORT, AND ESTIMATED ETA AT DISCHARGE PORT.

11. 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 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 REAMAIN 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.

12. 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 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).

13. CARRIERS SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE PREMIUMS IN THEIR OFFERED RATES. OWNER BEARS THE RISK OF ANY INCREASE IN WAR RISK INSURANCE PREMIUMS.

14. THE USDA KANSAS CITY COMMODITY OFFICE NOTICE TO THE TRADE EOD-68 DATED MAY 5, 2000 “CHANGE IN VLO REQURIEMENTS 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.

15. A BROKERAGE COMMISSION IS PAYABLE BY OWNERS ON GROSS FREIGHT, DEADFREIGHT, AND DEMURRAGE. TWO-THIRDS OF 2.5 PERCENT TO BE PAID TO PANALPINA, INC. AND ONE-THIRD OF 2.5 PERCENT TO BE PAID TO OWNERS’ BROKER, IF OWNER’S BROKER IS INVOLVED IN THE VESSEL FIXTURE, OR A FULL 2.5 PERCENT TO BE PAID TO PANALIPINA, INC. IF THE VESSEL FIXTURE IS ARRANGED WITHOUT OWNERS’ BROKER.

16. FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS AND CONDITIONS OF U.S. FOOD AID BOOKING NOTE DATED NOVEMBER 1, 2004, WHICH ARE FULLY INCROPORATED HEREIN.

17. CHARTERERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY AND/OR ALL OFFERS.

18. FREIGHT OFFERS TO BE SUBMITTED ELECTRONICALLY VIA FBES NO LATER THAN 1000 HRS CT (1100 HRS ET) ON THURSDAY, DECEMBER 10, 2009. USDA RESERVES THE RIGHT TO ACCEPT WITHOUT DISCUSSION, REJECT, OR NEGOTIATE PROPOSALS, INCLUDING AWARDING INDIVIDUAL LOTS WHENEVER IFB CONTAINS MORE THAN ONE LOT OF CARGO.