Senegal Award09-043B

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09-043B Senegal Award
July 1, 2010

FREIGHT TENDER RESULTS

IFB NO. 09-043B

NATIONAL COOPERATIVE BUSINESS ASSOCIATION (NCBA) FREIGHT TENDER
DATED JUNE 9, 2010


(1) cARGO FOR LAYDAYS JULY 1-10, 2010

VESSEL(S):  NORDIC COPENHAGEN O/O NORDIC HELSINKI
O/O CLIPPER LEGEND - FOREIGN FLAG TANKERS

OWNER:  CLIPPER TANKERS SHIPPING LTD.
2,100 MT CRUDE DEGUMMED SOYBEAN OIL IN BULK
L/P:  1/3 SB EACH 1/2 SP U.S. GULF OF MEXICO
D/P:  1/2 SB DAKAR, SENEGAL
LAYDAYS:  JULY 1-10, 2010
FREIGHT RATE:  USD 161.74 PMT 1/1; PLUS USD 3.50 PMT
ON ENTIRE CARGO QUANTITY LOADED FOR ADDTL LOAD BERTH IF
USED; PLUS USD 7.50 PMT ON ENTIRE CARGO QUANTITY LOADED
FOR SECOND LOAD PORT IF USED.

OTHERWISE AS PER THE FREIGHT IFB 09-043B AND NCBA'S
PROFORMA CHARTER PARTY (JUNE 2010).

(2) cARGO FOR LAYDAYS AUGUST 2-11, 2010

VESSEL(S):  CLIPPER KATJA O/O CLIPPER KIRA
- FOREIGN FLAG TANKERS

OWNER:  CLIPPER TANKERS SHIPPING LTD.
2,100 MT CRUDE DEGUMMED SOYBEAN OIL IN BULK
L/P:  1/3 SB EACH 1/2 SP U.S. GULF OF MEXICO
D/P:  1/2 SB DAKAR, SENEGAL
LAYDAYS:  AUGUST 2-11, 2010
FREIGHT RATE:  USD 161.74 PMT 1/1; PLUS USD 3.50 PMT
ON ENTIRE CARGO QUANTITY LOADED FOR ADDTL LOAD BERTH IF
USED; PLUS USD 7.50 PMT ON ENTIRE CARGO QUANTITY LOADED
FOR SECOND LOAD PORT IF USED.

OTHERWISE AS PER THE FREIGHT IFB 09-043B AND NCBA'S
PROFORMA CHARTER PARTY (JUNE 2010).

09-043B Senegal Tender
June 9, 2010

Freight Tender: NCBA, Bulk CDSBO, FFP, Senegal

PACIFIC CARGOES, INC., WASHINGTON, D.C., AS SUBCONTRACTOR TO BKA LOGISTICS LLC,
ACTING FOR AND ON BEHALF OF THE NATIONAL COOPERATIVE BUSINESS ASSOCIATION (NCBA), CHARTERER, REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG TANKERS FOR THE CARRIAGE OF BULK CRUDE DEGUMMED SOYBEAN OIL FINANCED UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

IFB NO. 09-043B

1.  CARGO(ES):  (A) 2,100 MT MIN/MAX CRUDE DEGUMMED SOYBEAN OIL IN BULK
(B) 2,100 MT MIN/MAX CRUDE DEGUMMED SOYBEAN OIL IN BULK

2.  LAYDAYS: (A) JULY 1-10, 2010
(B) AUGUST 2-11, 2010

RECEIVER'S DELIVERY SCHEDULE REQUESTS THAT FIRST PARCEL OF 2,100 MT (CARGO A ABOVE) ARRIVE AT DAKAR BY END OF JULY 2010 AND THAT SECOND PARCEL OF 2,100 MT (CARGO B ABOVE) ARRIVE AT DAKAR BY END OF AUGUST, 2010 WITH SPACING OF APPROXIMATELY THIRTY DAYS BETWEEN FIRST AND SECOND PARCELS.

3.  NCBA'S CARGO IS TO BE LAST IN / FIRST OUT. ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEGREGATED BY TANK, MUST BE COMPATIBLE AND NON-INJURIOUS TO NCBA'S CARGO(ES), AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF NCBA'S CARGO(ES).  VESSEL'S
ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY CHARTERER/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF NCBA'S CARGO(ES) TO DISCHARGE PORT.

4.  FOURTEEN (14) DAYS PREADVICE REQUIRED.  DAILY VESSEL POSITION/STATUS REPORTS REQUIRED.  SEE PROFORMA C/P CLAUSE 11 FOR FULL DETAILS OF THESE TWO REQUIREMENTS.

5.  LOADING PORT/RANGE: ONE TO THREE SAFE BERTHS EACH ONE OR TWO SAFE U.S. PORTS. SEE PROFORMA CHARTER PARTY (C/P) CLAUSE 43 FOR LOAD RANGES CONSIDERED AS ONE PORT.

6.  DISCHARGE PORT: 1/2 SAFE BERTH(S) DAKAR, SENEGAL

7.  TERMS:

(A) LOADING TERMS: FREE IN WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION. LOAD RATE (WITHOUT GUARANTEE): 150 MT PER HOUR.

(B) DISCHARGING TERMS:  BERTH TERMS WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION.

(C) OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL NCB CERTIFICATION THAT ANY OPENINGS LEADING TO CARGO COMPARTMENTS HAVE BEEN PROPERLY SEALED TO PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO SPACES. COST OF SEALING AND SPECIAL SURVEY ARE FOR ACCOUNT OF OWNER AND IN NO WAY DIMINISHES OWNERS' LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO.

(D) THE VESSEL IS TO BE FITTED WITH EFFICIENT STRIPPING PUMPS.

(E) VESSEL TO PROVIDE ALL NECESSARY EQUIPMENT (INCLUDING PUMPS, HOSES, AND REDUCERS IN GOOD WORKING ORDER) TO EFFECT DISCHARGE OF THE CARGO INTO SHORE TANKS AND/OR TANK TRUCKS. PUMPS MUST HAVE MINIMUM PRESSURE OF 50 POUNDS P.S.I. WITH PUMPING CAPACITY OF AT LEAST 100 MT PER HOUR AND ABLE TO PUMP WATER WITH ADEQUATE PRESSURE TO CLEAN HOSES AND PIPES AT THE DISCHARGE TERMINAL.

(F) PRIOR TO TENDERING NOTICE OF READINESS (NOR) AT FIRST LOAD PORT, OWNER TO PROVIDE VESSEL TANK INSPECTION CERTIFICATE EVIDENCING CLEANLINESS OF ALL TANKS TO BE LOADED FOR THIS FIXTURE. INSPECTION TO BE PERFORMED AND CERTIFICATE TO BE ISSUED BY AN INDEPENDENT SURVEYOR AT OWNER'S EXPENSE IN
ACCORDANCE WITH NIOP/FOSFA INSPECTION REQUIREMENTS.

(G) THE PERFORMING VESSEL AND ANY LIGHTERAGE VESSELS UTILIZED MUST COMPLY WITH THE FEDERATION OF OILS, SEEDS AND FATS ASSCOATION LTD. (FOSFA) "OPERATIONAL PROCEDURES FOR ALL SHIPS ENGAGED IN THE OCEAN AND SHORT SEA
CARRIAGE AND TRANSHIPMENT OF OILS AND FATS FOR EDIBLE AND OLEO-CHEMICAL
USE", HEREINAFTER "FOSFA OPS" EXCEPT AS MODIFIED ELSEWHERE HEREIN AND IN
THE PROFORMA CHARTER PARTY.

(H) OWNERS ARE TO LIST THE LAST THREE CARGOES CARRIED (FOR BOTH VESSEL AND LIGHTERAGE VESSEL, IF APPLICABLE) IN CARGO TANKS AND THE LAST THREE CARGOES PUMPED THROUGH THE CARGO PUMPS AND LINES (IF DIFFERENT) AND CERTIFY IN THEIR OFFER THAT THE LAST THREE CARGOES WERE CLEAN, UNLEADED AND NON-TOXIC. FURTHER, OWNERS ARE TO CERTIFY THAT THE IMMEDIATE PREVIOUS CARGO FOR TANKS, LINES AND PUMP SYSTEMS (FOR BOTH OCEAN VESSEL AND LIGHTERAGE VESSELS, IF APPLICABLE) DESIGNATED TO LOAD THE OILS MUST BE IN COMPLIANCE WITH THE NIOP/FOSFA LIST OF ACCEPTABLE PREVIOUS CARGOES.  OWNERS MUST STIPULATE EXACTLY THE LAST THREE CARGOES CARRIED, WITHOUT STATEMENTS OF "AND OR" OR "WILL BE".  FURTHER, CARGO NAMES MUST BE SPELLED OUT WITHOUT ABBREVIATIONS.

FOR SHIP'S TANKS THAT HAVE BEEN NEWLY COATED OR FULLY RE-COATED AND HAVE NOT CARRIED AT LEAST THREE CARGOES SUBSEQUENT TO THE NEW/RE-COATING, OWNERS ARE TO LIST ANY CARGOES THAT HAVE BEEN CARRIED IN THOSE TANKS, PUMPS AND LINES AFTER THE NEW/RE-COATING, OTHERWISE SUBJECT TO THE ABOVE. IN ADDITION, OWNERS MUST FURNISH WITH THEIR OFFER A COPY OF A SURVEY CERTIFICATE FROM A FOSFA-APPROVED SURVEYOR, DATED NOT MORE THAN SIX MONTHS PRIOR TO THE OFFER DATE, ATTESTING THAT THE VESSEL (ALL TANKS, WHETHER OR NOT NEW/RE-COATED) IS IN COMPLIANCE WITH FOSFA REQUIREMENTS FOR THE CARRIAGE OF EDIBLE OILS.

FOR LIGHTERAGE VESSELS ONLY:  IF OWNERS CANNOT PROVIDE INFORMATION ON IMMEDIATE PRIOR CARGOES AT THE TIME OF OFFER, OFFEROR SHALL ACKNOWLEDGE
THAT THEY WILL NOT BE PERMITTED TO UTILIZE ANY LIGHTERAGE VESSEL THAT HAS NOT BEEN INSPECTED AND APPROVED PRIOR TO LOADING BY A FOSFA-APPROVED SURVEYOR AT THE LOAD AND/OR DISCHARGE PORT.  ANY TIME LOST AT LOAD AND/OR DISPORTS FOR INSPECTION OR OTHER DELAYS IN PROVIDING SUITABLE LIGHTERAGE VESSEL TO BE AT OWNER'S EXPENSE.

(I) IN THE EVENT THAT ANY OF THE LAST THREE CARGOES WERE NOT FOOD GRADE CARGOES AND IF VESSEL FAILS TO PASS INITIAL INSPECTION BY THE SURVEYOR, ADDITIONAL TEST FOR TRACE CARGOES TO BE EVIDENCED BY MEANS OF A WALL WASH TEST AT OWNER'S EXPENSE.

(J) ISM AND ISPS CODE COMPLIANCE REQUIRED AS PER PROFORMA CP CLAUSE 41.

(K) AS THE CARGO ADVERTISED IN THIS TENDER IS A GOVERNMENT IMPELLED (PREFERENCE) CARGO, OFFERORS OF NON-U.S. FLAG VESSELS MUST WARRANT THAT
VESSEL(S) AND OWNER/OPERATOR ARE NOT DISQUALIFIED TO CARRY SUCH GOVERNMENT IMPELLED (PREFERENCE) CARGO(ES) AS OULINED IN SECTION 408 OF THE COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C.,PARAGRAPH 2302(E).  SEE PROFORMA C/P CLAUSE 42 FOR FULL DETAILS.

(L) OWNERS ARE RESPONSIBLE FOR ASSURING THAT PERFORMING VESSEL IS FULLY
COMPLIANT (AT TIME OF FIXING AND DURING TIME OF PERFORMANCE) WITH ALL INTERNATIONAL REGULATIONS AND PROTOCOLS REGARDING THE CARRIAGE OF CARGO(ES), INCLUDING MARPOL 73/78 ANNEX II REVISIONS, AS WELL AS ALL REGULATIONS OF THE COUNTRIES OF LOADING AND DISCHARGE. OWNERS TO CERTIFY IN OFFER THAT VESSEL (PERFORMING AND/OR SUBSTITUTE) MEETS OR EXCEEDS THE SHIP TYPE 2 TANK CONFIGURATION REQUIREMENTS OF THE IBC CODE OR, ALTERNATIVELY, THAT THE VESSEL MEETS ALL REQUIREMENTS FOR SHIP TYPE 3 CHEMICAL TANKERS AND RELATED EXEMPTION REQUIREMENTS AS OUTLINED IN MARPOL ANNEX II REGULATION 4.1.3; THAT THE CERTIFICATE OF FITNESS FOR VESSEL INDICATES THAT VESSEL IS ENTITLED TO OPERATE UNDER THE PROVISIONS OF THIS REG; THAT ALL FLAG STATE AND PORT STATE AUTHORIZATIONS HAVE BEEN RECEIVED OR CONFIRMED, AS NECESSARY; AND, THAT THE OWNERS CAN CONFIRM THAT VESSEL WILL BE PERMITTED TO BERTH AND LOAD OR DISCHARGE AT ALL PORTS NAMED OR CONTEMPLATED IN THIS TENDER. OWNERS SHOULD BE PREPARED TO SUBMIT COPIES OF DOCUMENTATION EVIDENCING COMPLIANCE WITH MARPOL REGULATIONS UPON REQUEST AT THE TIME OFFERS ARE SUBMITTED.

(M) OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT MEETING
ANY VESSEL RESTRICTIONS FOR THE DISCHARGE PORT. ANY LIGHTENING REQUIRED AS
A RESULT OF VESSEL'S FAILURE TO ARRIVE AT DISCHARGE PORT IN ACCORDANCE WITH
THE VESSEL RESTRICTIONS FOR THE DISCHARGE PORT IS FOR OWNER'S RISK AND
EXPENSE. LIGHTENING, IF REQUIRED, TO BE ACCOMPLISHED IN THE TERRITORIAL
WATERS OF SENEGAL.

(N) ANY DUES AND/OR TAXES ON CARGO AND/OR FREIGHT TO BE FOR CHARTERERS'
ACCOUNT, AND ANY DUES AND/OR TAXES ON VESSEL (INCLUDING NORMAL PORT DUES,
DOCKAGE, AND SERVICES AND FACILITIES CHARGES) TO BE FOR OWNERS' ACCOUNT.

(O) NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR FOREIGN FLAG SHIPMENTS. TOWED TANK BARGES ARE EXCLUDED.  ITB TANK BARGES WILL BE CONSIDERED PROVIDED WARRANTED SPEED AND ITINERARY OF PROPOSED ITB WOULD ALLOW ITB UNIT TO ARRIVE AT DISCHARGE PORT WITHIN TWENTY-TWO DAYS FROM SAILING LOAD PORT.

(P) U.S. FLAG VESSEL(S) MUST BE REGISTERED HIGHEST IN A.B.S. NON-U.S. FLAG VESSELS SHOULD NOT EXCEED 20 YEARS OF AGE AND MUST BE REGISTERED HIGHEST IN LLOYD'S OR EQUIVALENT CLASSIFICATION SOCIETY. EXTRA INSURANCE OWING TO VESSEL'S AGE, FLAG, TYPE, CONFIGURATION (INCLUDING ITB), CLASS OR OWNERSHIP TO BE FOR OWNERS' ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND NOT EXCEEDING LONDON MARKET RATES FOR NON-U.S. FLAG VESSELS..

(Q) BILLS OF LADING TO BE ISSUED IN ACCORDANCE WITH SHORE FIGURES.  IF ANY DISCREPANCIES BETWEEN SHORE FIGURES AND SHIP'S TANK ULLAGES, THEN SHORE
FIGURES SHALL PREVAIL.

8. FREIGHT RATES TO BE QUOTED PER M/T FREE IN WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION // BERTH TERMS DISCHARGE WITH NO DEMURRAGE/NO DESPATCH/NO DETENTION BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL FREIGHT FOR EACH ADDITIONAL LOAD PORT, IF USED.  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.

OFFERS OF NAMED VESSEL'S ONLY. NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT NCBA/USDA APPROVAL.

OFFERS SHOULD ALSO INCLUDE THE FOLLOWING INFORMATION: VESSEL TYPE, NUMBER OF CARGO SYSTEMS, NUMBER OF TANKS, DISCHARGE EQUIPMENT INCLUDING HOSES, CURRENT EMPLOYMENT AND POSITION OF THE VESSEL, AND PROPOSED ITINERARY OF THE VESSEL WITH ETA AT LOAD AND DISCHARGE PORTS.

U.S. FLAG NON-LINER VESSELS WHICH EXCEED 15 YEARS OF AGE FROM DATE OF ORIGINAL CONSTRUCTION MUST OFFER AN ALTERNATE FREIGHT RATE (ONE WAY 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.

IF OWNERS INTEND TO LIGHTEN, THE OFFER IS TO SPECIFY THE COST OF LIGHTENING.

IF LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND VESSEL DIRECTLY DISCHARGES AT BERTH, THE LIGHTENING COST WILL BE DEDUCTED FROM OCEAN FREIGHT.

9.  U.S. FLAG VESSELS WHICH REQUIRE PRIOR APPROVAL FROM THE MARITIME ADMINISTRATION (MARAD) TO PARTICIPATE IN PREFERENCE CARGOES BECAUSE OF OPERATING DIFFERENTIAL SUBSIDY (ODS) CONTRACTUAL CONSTRAINTS, OR BECAUSE OF REFLAGGING/FOREIGN CONSTRUCTION ELIGIBILITY ISSUES, MUSTOBTAIN SUCH MARAD APPROVAL PRIOR TO SUBMISSION OF BIDS.

10.  FURTHER DETAILS AND ADDITIONAL TERMS ARE SUBJECT TO THE TERMS AND
CONDITIONS OF THE NATIONAL COOPERATIVE BUSINESS ASSOCIATION'S PROFORMA
CHARTER PARTY (FREE IN/BERTH TERMS DISCHARGE - FOOD FOR PROGRESS -
JUNE 2010) WHICH IS AVAILABLE UPON REQUEST FROM PACIFIC CARGOES, INC.,
WASHINGTON, D.C.

11.  NCBA RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.

12.  OFFERS TO BE RECEIVED BY SEALED LETTER OR TELEFAX (202) 296-1160 AT PACIFIC CARGOES, INC.., 1629 K STREET, N.W., SUITE 502, WASH., D.C. NO LATER THAN 1100 HOURS WASH., D.C. TIME JUNE 15, 2010 AND ALL OFFERS MUST REMAIN VALID THROUGH 1700 HOURS WASH., D.C. TIME JUNE 17, 2010.  ONLY SEALED HAND DELIVERED OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED.  NO PHONE OFFERS WILL BE ACCEPTED.  OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT PLACE AND TIME.  ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO NEGOTIATION IS PERMITTED. U.S. FLAG OFFERS "SUBJECT OPEN" WILL ONLY BE CONSIDERED WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASH., D.C. TIME JUNE 16, 2010. NO OFFERS OF NON-U.S. FLAG VESSELS WITH
"SUBJECT OPEN" RESTRICTION WILL BE CONSIDERED.

13.  COMMISSION:  2.5 PCT ON FREIGHT/DEADFREIGHT TO CHARTERER'S AGENT (BKA LOGISTICS LLC) IF OFFERED DIRECT; IF BROKER INVOLVED, 2/3 OF 2.5 PCT TO CHARTERER'S AGENT (BKA LOGISTICS LLC), AND 1/3 OF 2.5 PCT TO BROKER.

14.  ALL FIXTURES ARE SUBJECT APPROVAL BY USDA.

FOR FURTHER INFORMATION, CONTACT:
PACIFIC CARGOES, INC.., WASHINGTON, D.C.
TELEPHONE: 202-785-3400; FAX: 202-296-1160; EMAIL: mail@isc-pci.com