Nicaragua Award10-029B

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10-029B Nicaragua Award
January 24, 2011

RE: GOVT. OF NICARAGUA FFP PROGRAM 24,000 MT BULK CORN PLUS 9,000 MT BULK SOYBEAN MEAL
FREIGHT TENDER IFB NO. 10-029B

OWNERS: LIBERTY GLORY CORP.

VESSEL: M/V LIBERTY GLORY ; FLAG : USA ; BUILT 2001.
DESCRIBED AS: GEARED BULK CARRIER ; ABT. 50,600 MT DWT ON 11.89 M. SW
LOA 189.9 M ; BEAM 32.2 M ; ; 6 HOLDS/ 6 HATCHES.
4 X 30 TONS CRANES. SPEED ABT 16 KNOTS.

VESSEL'S ITINERARY: VESSEL'S ETA LOAD PORT IN U.S. GULF IS FEBRUARY 07, 2011 WP/AGW/UCE.
VESSEL’S ETA DISCHARGE PORT FROM USGULF IS APPROXIMATELY 6 DAYS FROM COMPLETION OF LOADING/SAILING LAST U.S. LOAD PORT . WP/AGW/UCE.

CARGO: FULL OR PART CARGO AT OWNER’S OPTION OF 24,000 MT MIN/MAX CORN IN BULK PLUS EMPTY BAGS AND 9,000 MT MIN/MAX OF SOYBEAN MEAL IN BULK. EMPTY BAGS TO BE TRANSPORTED FREIGHT FREE ON THE SAME VESSEL AS CARGO CARRIED.
CARGO MUST BE SEPARATED BY VESSEL’S NATURAL SEGREGATION. CARGO SHALL NOT BE LOADED IN DEEP/WING TANKS AND OTHER SPACES WHICH ARE NOT BLEEDABLE OR DIRECTLY ACCESSIBLE TO GRAB DISCHARGE.
IF PART CARGO THAN GON CARGO SHALL BE LAST IN / FIRST OUT. ANY COMPLETION CARGOES SHALL BE SUBJECT TO APPROVAL OF GON AND USDA ( AS PER FURTHER DETAILS OF THE FREIGHT TENDER).

LAYCAN: FEBRUARY 07-17, 2011.

LOAD PORT: 1 TO 3 SAFE BERTHS EACH 1 TO 3 SAFE PORTS U.S. GULF INCLUDING MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING PORT ALLEN. .

DISCHARGE PORT(S): 1 TO 2 SAFE BERTHS CORINTO, NICARAGUA.

LOADING TERMS: BERTH TERMS AT THE RATE OF 7,500 MT PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED.

DISCHARGING TERMS: THE CARGO IS TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE) , AT THE RATE OF 2,500 TONS OF 224.6 POUNDS PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED (WWDSSHEXEIU) ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME FROM 1700 HOURS LOCAL TIME FRIDAY (OR DAY PRECEDING HOLIDAY) THROUGH 0800 HOURS LOCAL TIME MONDAY (OR NEXT WORKING DAY FOLLOWING A HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED..

OCEAN FREIGHT RATE: USD 56.42 PMT BASIS ONE(1) LOAD BERTH, ONE(1) LOAD PORT TO ONE (1) DISCHARGE BERTH, ONE (1) DISCHARGE PORT..
IF MISSISSPPI RIVER LOAD THEN ADD USD 1.00 PMT ON ENTIRE QUANTITY.
FOR EACH ADDITIONAL LOADPORT, IF USED INCREASE THE ABOVE RATE BY LUMPSUM USD 120,000.00
FOR EACH ADDITIONAL LOAD BERTH, IF USED, INCREASE THE ABOVE RATE BY LUMPSUM USD 75,000.00 .
FOR EACH ADDITIONAL DISCHARGE BERTH, IF USED, INCREASE THE ABOVE RATE BY LUMPSUM USD 25,000.00 .
DEMURRAGE/ DEPATCH :
AT LOAD PORT USD 20,000 / HALF DESPATCH PDPR .
AT DISCHARGE PORT USD 15,000 / HALF DESPATCH PDPR.
OTHERWISE AS PER TERMS AND CONDITIONS OF FREIGHT TENDER IFB NO. 10-029B DATED JANUARY 12, 2011, AND THE GOVERNMENT OF NICARAGUA CHARTER PARTY PROFORMA .

10-029B Nicaragua Amendment
January 14, 2011

FREIGHT TENDER ISC FOR GOVT. OF NICARAGUA FFP BULK CORN AND SOYBEAN MEAL.
IFB NO. 10-29B
AMENDMENT NO. 1
DATE January 14, 2011

THE REFERRED FREIGHT TENDER IS HEREBY AMENDED AS FOLLOWS :
16) VESSEL RESTRICTIONS AT CORINTO, NICARAGUA : MAXIMUM S.W. ARRIVAL
DRAFT 30 FT. MAXIMUM LENGTH OVERALL (LOA) 215 M; MAXIMUM BEAM 33 M;
UPON ARRIVAL AT CORINTO, NICARAGUA, OWNERS ARE ADVISED THAT VESSEL’S
DEADWEIGHT CALCULATED ON THE BASIS OF THE SAFE ARRIVAL DRAFT OF 30 FT
SHOULD NOT EXCEED 25,000 METRIC TONS. ABOVE RESTRICTIONS ARE PROVIDED
BY CHARTERER FOR GUIDANCE ONLY WITHOUT GUARANTEE AND IT IS UPTO OWNERS
TO VERIFY THAT THEIR VESSEL ARRIVING AT THE PORT OF CORINTO MEET THE
PORT AUTHORITY RESTRICTIONS IN ORDER TO SAFELY BERTH VESSEL.
OTHERWISE ALL COSTS INCURRED INCLUDING LIGHTENING IF REQUIRED AS A
RESULT OF VESSEL’S FAILURE TO ARRIVE AT THE DISCHARGE PORT EXCEEDING
THE PORT VESSEL RESTRICTIONS WILL BE FOR OWNER’S TIME, RISK AND EXPENSE.
LIGHTENING, IF ANY, TO BE PERFORMED IN THE TERRITORIAL WATERS OF NICARAGUA
BUT OUTSIDE THE PORT LIMITS OF CORINTO AND TO BE CERTIFIED.
LIGHTENING MUST BE INTO ONE DAUGHTER VESSEL WHICH MUST BE SINGLE DECK BULK
CARRIER MEETING PORT OF CORINTO’S VESSEL RESTRICTIONS AND GEARED AS PER
CHARTER PARTY TERMS. VACUVATORS CANNOT BE USED FOR LIGHTENING AND OR
DISCHARGING AT BERTH.

ALL OTHER TERMS AND CONDITIONS OF THE FREIGHT TENDER REMAIN UNCHANGED.
END.

10-029B Nicaragua Tender
January 12, 2011

Freight Tender: ISC for Govt. of Nicaragua FFP Bulk Corn and Soybean Meal

INTERNATIONAL SERVICES CORPORATION (ISC), FOR AND ON BEHALF OF GOVT. OF NICARAGUA (GON), REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF YELLOW CORN IN BULK WITH EMPTY BAGS AND BULK SOYBEAN MEAL, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:
DATE: January 12, 2011
IFB NO: 10-029B

1) CARGO:
A) APPROXIMATELY 24,000 METRIC TONS OF YELLOW CORN IN BULK PLUS EMPTY BAGS. BAGS TO BE CARRIED FREE OF CHARGE.
B) APPROXIMATELY 9,000 METRIC TONS OF SOYBEAN MEAL IN BULK.
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.
OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A WIDE RANGE OF TONNAGES TO ACCOMMODATE THE PROGRAM NEEDS.
IF OFFERS ARE MADE COMBINING THE ABOVE TWO CARGOES ON THE SAME VESSEL THEN THE TWO CARGOES MUST BE SEPARATED BY VESSEL’S NATURAL SEGREGATION (IN SEPARATE HOLDS).
CARGO SHALL NOT BE LOADED IN DEEP/WING HOLDS OR TANKS AND OTHER SPACES WHICH ARE NOT BLEEDABLE OR DIRECTLY ACCESSIBLE TO GRAB DISCHARGE. TIME USED FOR DISCHARGING FROM SUCH PLACES SHALL NOT COUNT AS LAYTIME OR TIME ON DEMURRAGE.
IF OFFER IS BASIS PART CARGO THAN GON CARGO SHALL BE LAST IN/ FIRST OUT. ANY COMPLETION CARGOES SHALL BE SUBJECT TO APPROVAL OF GON AND USDA (SEE CLAUSE 19 BELOW FOR FURTHER DETAILS ON COMPLETION CARGOES).

2) LAYCAN: FEBRUARY 07- 17, 2011. OWNERS TO PROVIDE 14-DAY PREADVISE NOTICE OF VESSEL ETA LOAD PORT.

3) LOADING: 1/3 SAFE BERTHS EACH 1/3 SAFE PORT(S) ANY U.S. RANGE. 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). FOR OFFERS BASIS U.S. GREAT LAKES UTILIZING FEEDER VESSELS, OFFER TO INCLUDE NAME AND DETAILS OF FEEDER VESSELS.

4) DISCHARGE PORT: 1 TO 2 SAFE BERTHS CORINTO, NICARAGUA.

5) LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH
CUSTOMARY DESPATCH AT THE AVERAGE RATE AS PROVIDED BELOW BASED ON
VESSELS CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2204.6 POUNDS
PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED.

BULK CARRIERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
--------------------- --------------------
0 – 9,999.99 MT 4,000 MT PER DAY
10,000.00 – 19,999.99 MT 5,000 MT PER DAY
20,000.00 – 29,999.99 MT 6,000 MT PER DAY
30,000.00 – 39,999.99 MT 7,500 MT PER DAY
40,000.00 – 49,999.99 MT 10,000 MT PER DAY
50,000.00 MT AND ABOVE 12,000 MT PER DAY

TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
LASH BARGES : THE LOAD GUARANTEE SHALL NOT APPLY.
6) DISCHARGING TERMS: THE CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE RATE OF 2,500 TONS OF 2204.6 POUNDS FOR BULK CARRIERS AND 1,500 TONS OF 2204.6 POUNDS FOR TWEENDECKERS/ MULTIDECKERS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED WWDSSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY PRECEDING HOLIDAY) THROUGH 0800 HRS LOCAL TIME MONDAY (OR NEXT WORKING DAY FOLLOWING HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. DISCHARGE GUARANTEE SHALL NOT APPLY ON LASH/SEABEE BARGES. ANY SHIFTING NECESSARY DUE TO THE VESSEL’S SIZE OR CONFIGURATION TO BE AT OWNER’S TIME, RISK AND EXPENSE.

7) AT LOAD PORT OWNER TO APPOINT AND PAY FOR STEVEDORES. AT DISCHARGE PORT CHARTERER /RECEIVERS TO APPOINT AND PAY FOR STEVEDORES.

8) AT LOAD PORT OWNER TO APPOINT AND PAY FOR VESSEL’S AGENT. CHARTERER TO APPOINT A LOAD PORT PROTECTIVE AGENT, OWNER TO PAY A FEE OF $1,500.00 TO ISC FOR SAID PROTECTIVE AGENT. CHARTERER/RECEIVER SHALL NOMINATE THE VESSEL’S AGENT AT THE DISCHARGE PORTS, WHOM OWNER WILL APPOINT AND PAY.

9) DEMURRAGE / DESPATCH ARE APPLICABLE AT LOAD AND DISCHARGE PORTS.
OWNERS ARE TO SPECIFY THEIR DEM/DES RATES IN THEIR OFFER, DESPATCH
RATES MUST BE ONE-HALF OF DEMURRAGE RATES AS QUOTED.

10) LAYTIME IS NON-REVERSIBLE.

11) AT LOAD PORT (S) LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY SUPPLIER(S). LAYTIME CALCULATION, OVERTIME AND TRIMMING TO BE IN ACCORDANCE WITH ADDENDUM NO 1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION’S FOB CONTRACT NO 2 (REVISED AS OF MAY 1, 2000) CLAUSE NOS 1-10 INCLUSIVE (HEREINAFTER REFERRED TO AS NAEGA) REGARDLESS OF VESSEL TYPE. FURTHER, THE FOLLOWING MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD “BUYER” APPEARS, THE WORDS “VESSEL OWNER” IS TO BE SUBSTITUTED. UNDER NO CIRCUMSTANCE SHALL CHARTERERS OR USDA/CCC BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNER AND COMMODITY SUPPLIER. ANY/ALL DISPUTES BETWEEN VESSEL OWNER AND SUPPLIER ARISING OUT OF THE 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.

12) AT DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY BETWEEN CHARTERER AND VESSEL OWNER. VESSEL OWNER IS TO PREPARE AND SUBMIT THE SIGNED DISCHARGE PORT LAYTIME STATEMENT TO CHARTERER’S AGENT, INTERNATIONAL SERVICES CORP., WASHINGTON DC, FOR APPROVAL WITHIN THIRTY DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED ON BEHALF OF CHARTERER AND VESSEL OWNER ARE TO BE PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT. UNDER NO CIRCUMSTANCES SHALL USDA/CCC BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN CHARTERER AND VESSEL OWNERS. ANY/ALL DISPUTES BETWEEN CHARTEER AND VESSEL OWNER 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.

13) VESSEL TYPE RESTRICTIONS: ITBs AND TOWED BARGES WILL BE CONSIDERED. TANKERS ARE NOT WORKABLE. U.S. FLAG TWEENDECK AND MULTIDECKS ARE ACCEPTABLE. U.S. FLAG GEARLESS VESSELS ARE ACCEPTABLE PROVIDED OWNER PROVIDES SUFFICIENT DISCHARGE EQUIPMENT (EXCLUDING VACUVATORS) TO MAINTAIN THE GUARANTEED DISCHARGE RATE. NON US FLAG VESSELS TO BE GEARED BULK CARRIERS ONLY.

14) FOREIGN FLAG VESSELS MUST NOT BE OLDER THAN 20 YEARS AND
MUST BE CLASSED HIGHEST IN LLOYD’S REGISTER OR ITS EQUIVALENT – DATE OF
ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA
INSURANCE ON ACCOUNT OF VESSEL’S AGE, FLAG, OWNERSHIP, TYPE,
CONFIGURATION OR CLASSIFICATION WILL BE FOR OWNERS ACCOUNT, BUT NOT
EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND LONDON RATES
FOR NON-US FLAG VESSELS. NVOCC’S MAY NOT BE EMPLOYED TO CARRY U.S.
FLAG OR FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND
ITB’S AND TOWED BARGES OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE FROM NCB CERTIFYING THAT VESSEL’S HATCH COVERS AND ANY OTHER OPENINGS LEADING TO CARGO COMPARTMENTS HAVE BEEN 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.

SPECIAL NOTE 1: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE
PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE
ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.

15) VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF SELF-DISCHARGEWITH VESSEL’S OR OWNER SUPPLIED SHORESIDE GEAR. CARGO DISCHARGE WILL BE BY GRABS OR MARINE LEGS. VACUVATORS ARE NOT ACCEPTABLE (INCLUDING FOR LIGHTENING, IF APPLICABLE). OWNERS TO SUPPLY GRABS AND ALL NECESSARY DISCHARGING GEAR (CRANES AND OR SWINGING DERRICKS WITH MINIMUM 9.8 MT S.W.L. CAPACITY SUITABLE FOR CLAMSHELL DISCHARGE AND INCLUDING CLAMSHELLS)IN GOOD WORKING ORDER AND IN SUFFICIENT NUMBER TO PERMIT CHARTERERS/ RECEIVERS TO EFFECT DISCHARGE OF THE VESSEL AT THE GUARANTEED RATE OF DISCHARGE. OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER/ FUEL TO OPERATE ALL DISCHARGE GEAR. DISCHARGE VIA MARINE LEGS WILL BE ACCEPTABLE PROVIDED VESSEL OWNERS PROVIDE ALL NECESSARY EQUIPMENT AT THEIR TIME, RISK AND EXPENSE, INCLUDING ANY TECHNICIANS, SUPPLEMENTAL LABOR, BOBCATS OR SIMILAR EQUIPMENT FOR USE IN VESSEL’S HOLDS, SHORE-SIDE CRANES, HOPPERS, SUPPORTS OR OTHER RELATED EQUIPMENT. TIME USED FOR ASSEMBLING OR PREPARING OWNER-SUPPLIED EQUIPMENT, OR ANY TIME LOST AS A RESULT OF INSUFFICIENCIES OF GEAR OR BREAKDOWN OF GEAR NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE. ANY SHORE GEAR REQUIRED FOR DISCHARGING OR LIFTING IN/OUT OF EQUIPMENT MUST BE FURNISHED AT OWNER’S RISK AND EXPENSE. GEAR PROVIDED BY VESSEL MUST ALSO BE CAPABLE OF LIFTING EQUIPMENT NECESSARY FOR TRIMMING AND BREAKING UP ANY CAKED SOYBEAN MEAL IN/OUT OF THE HOLDS.
DISCHARGING EQUIPMENT MUST MEET ALL REQUIREMENTS AND REGULATIONS OF THE APPLICABLE PORT AUTHORITIES.
OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL’S CREW FREE OF CHARGE TO CHARTERERS. VESSEL TO BE EQUIPPED WITH MECHANICAL OR HYDRAULIC HATCH COVERS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED TO BE PROVIDED BY OWNER.

16) VESSEL RESTRICTIONS AT CORINTO, NICARAGUA : MAXIMUM S.W. ARRIVAL
DRAFT 30 FT. MAXIMUM LENGTH OVERALL (LOA) 215 M; MAXIMUM BEAM 33 M; UPON ARRIVAL AT CORINTO, NICARAGUA, VESSEL’S DEADWEIGHT CLACULATED ON THE BASIS OF THE SAFE ARRIVAL DRAFT OF 30 FT MUST NOT EXCEED 25,000 METRIC TONS. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT MEETING THESE VESSEL RESTRICTIONS. ANY LIGHTENING REQUIRED AS A RESULT OF VESSEL’S FAILURE TO ARRIVE AT THE DISCHARGE PORT IN ACCORDANCE WITH THESE STATED VESSEL RESTRICTIONS IS FOR OWNER’S TIME, RISK AND EXPENSE. LIGHTENING, IF ANY, TO BE PERFORMED IN THE
TERRITORIAL WATERS OF NICARAGUA BUT OUTSIDE THE PORT LIMITS OF CORINTO AND TO BE CERTIFIED. LIGHTENING MUST BE INTO ONE DAUGHTER VESSEL WHICH MUST BE SINGLE DECK BULK CARRIER MEETING PORT OF CORINTO’S VESSEL RESTRICTIONS AND GEARED AS PER CHARTER PARTY TERMS. VACUVATORS CANNOT BE USED FOR LIGHTENING AND OR DISCHARGING AT BERTH.

17) VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT, IN ACCORDANCE WITH USDA/FGIS HANDBOOK AND PROGRAM NOTICE FGIS-PN-05-02 DATED JAN 7 2005, 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. 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. TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND TO BE SUITABLE FOR IN-TRANSIT FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.

18) OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE
OF TONNAGES TO ACCOMMODATE PROGRAM NEEDS.

19) ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED AT OWNER’S TIME RISK AND EXPENSE, AND MUST BE COMPATIBLE AND NON-INJURIOUS TO GON’S CARGO, MUST BE DETAILED IN OFFER OR APPROVED BY GON/USDA IF CONTRACTED AFTER FIXTURE OF GON CARGO. VESSEL’S ITINERARY AND
GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN
INTO CONSIDERATION BY GON/USDA IN APPROVAL OF SUCH PART
CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF GON’S
CARGO TO DISCHARGE PORT(S).

20)OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A
CANCELLING DATE NO LATER THAN THE LAST CONTRACT LAYDAY AS
ABOVE. VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE
BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.

21) OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS
PERMITTED WITHOUT GON/USDA APPROVAL.

22) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP
AND PORT FACILITIES SECURITY CODE (ISPS). UPON REQUEST, OWNERS TO
PROVIDE CHARTERERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE
(DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARAD 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
VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

23) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE
INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND (ISPS) CODE. FULL
CLAUSE PROVIDED IN PROFORMA CHARTER PARTY.

24) 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 GOVERNMENT IMPELLED (PREFERENCE) CARGO, OFFEROR MUST WARRANT THAT VESSEL(S) AND OPERATOR/OWNER ARE NOT DISQUALIFIED TO CARRY SUCH CARGO(ES).

25) OWNERS TO PROVIDE FOURTEEN (14) DAY PREADVICE OF VESSEL READINESS TO LOAD. PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF INTERNATIONAL SERVICES CORPORATION (ISC), PRIOR TO 1100 HRS WASHIONGTON DC TIME ON REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON THAT DAY. IF PREADVICE IS RECEIVED LATER THAN 1100 HRS WASHINGTON DC TIME ON REGULAR BUSINESS DAY –OR- ON WEEKENDS / HOLIDAYS THEN PREADVICE NOTICE WILL BE CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY. IN ADDITION TO SENDING PREADVICE NOTICE TO ISC, AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE TO USDA / KCCO BULK COMMODITIES DIVISION, FAX NO 816-823-2586.

26) ONE-WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES
FOR U.S. FLAG NON-LINER VESSELS WHOSE DATE OF ORIGINAL
CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURE.

27) APPROVED U.S. FLAG RATES WILL BE REDUCED TO A LEVEL NO HIGHER
THAN THE MARITIME ADMINISTRATIONS FAIR AND REASONABLE RATE IN
THE EVENT THAT APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST
VESSEL TO THE U.S. GOVERNMENT (INCLUDING TUG AND/OR BARGE).

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 MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE
DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.

28) U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR
HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSELS
COSTS PRIOR TO SUBMISSION OF OFFER.

29) OFFERORS ARE ENCOURAGED TO PROVIDE THE FOLLOWING
INFORMATION: VESSEL NAME / TYPE / FLAG / YEAR BUILT / LOA / BEAM /
DWT / DRAFT / GEAR (IF ANY) / ETA AT LOAD AND DISCHARGE PORTS /
FULL STYLE OF OWNERS.

30) FREIGHT RATES ARE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON
BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL
FREIGHT (IF ANY) ON ENTIRE CARGO FOR EACH ADDITIONAL LOAD PORT IF USED.

31) IF OWNERS INTEND TO LIGHTEN, OFFER TO SPECIFY THE COST OF
LIGHTENING, AND WHETHER ACTION IS FULL OR PARTIAL LIGHTENING. IF
LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND THE
VESSEL DISCHARGES AT BERTH THEN THE COST OF LIGHTENING WILL BE
DEDUCTED FROM THE OCEAN FREIGHT.

32) GON RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.

33) COMMISSION: 2.50 PERCENT ON FREIGHT / DEADFREIGHT IS PAYABLE TO
CHARTERERS AGENT IF VESSEL OFFERED DIRECT. IF BROKER INVOLVED
THEN 2/3RD OF 2.50 PERCENT IS PAYABLE TO INTERNATIONAL SERVICES CORPORATION AND 1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.

34) OTHERWISE SUBJECT TO TERMS AND CONDITIONS OF GON’S CHARTER PARTY
PROFORMA.

35) OFFERS TO BE SUBMITTED TO: INTERNATIONAL SERVICES CORPORATION, 1629 K STREET NW, SUITE 502, WASHINGTON D.C. 20006, BY 1200 HRS ET JANUARY 18, 2011. ONLY OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED.  IF A TELEFAX OFFER BEGINS TO PRINT PRIOR TO THE DEADLINE AND CONTINUES TO PRINT PAST THE DEADLINE UNTIL COMPLETE IT WILL BE CONSIDERED TO BE RECEIVED ON TIME. OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT TIME AND PLACE. ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO NEGOTIATION IS PERMITTED. FOR NON US FLAG VESSELS ONLY FIRM OFFERS WILL BE CONSIDERED. US FLAG OFFERS OFFERED ON “SUBJECT OPEN” BASIS WILL BE CONSIDERED PROVIDED THE SUBJECT IS LIFTED BY 1100 HRS ET JANUARY 19, 2011.  OFFERS ARE TO REMAIN VALID UNTIL 1700 HRS WASHINGTON DC TIME JANUARY 21, 2011.  FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY GON AND USDA.

FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
INTERNATIONAL SERVICES CORPORATION, 1629 K STREET NW SUITE 502, WASHINGTON DC 20006.
PHONE : 202 785 3400 ; TELEFAX 202 296 1160.
E-MAIL: MAIL@ISC-PCI.COM – ATTN: STEPHEN DRUHOT AND /OR RAVI SINGH
?END