Mali Award12-058B

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IFB# 12-058B Mali Award

June 26, 2014

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR AGA KHAN FOUNDATION U.S.A., ANNOUNCES  FREIGHT TENDER RESULTS  UNDER THE FOOD FOR PROGRESS PROGRAM FOR MALI

F&D REF: AK108
IFB NUMBER: 12-058B
ORDER # 5000039665

FREIGHT INV #: 2000002582

COMMODITY INV #: 2000002581

FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC.
AT 202-628-5700.

ISSUED JUNE 26,2014

IFB# 12-058B Mali Tender

June 12, 2014

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR AGA KHAN FOUNDATION U.S.A., ANNOUNCES A FREIGHT TENDER, UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS AS FOLLOWS:

F&D REF: AK108
IFB NUMBER: 12-058B
ORDER # 5000039665

FREIGHT INV #: 2000002582

COMMODITY INV #: 2000002581

AGREEMENT # FCC68812035

 ALL FREIGHT OFFERS MUST BE SUBMITTED ELECTRONICALLY VIA THE WEB BASED SUPPLY CHAIN MANAGEMENT (WBSCM) SYSTEM. SUBMISSION OF OFFERS BY ANY OTHER MEANS WILL RESULT IN THE OFFER DEEMED AS NONRESPONSIVE.

THE WEBSCM SYSTEM CAN BE ACCESSED THROUGH THE FOLLOWING WEBSITE:
http://www.fas.usda.gov/FSA/webapp?area=home&subject=coop&topic=wbs

CARRIERS MUST BE ASSIGNED A USDA E-AUTHENTICATION LOGON ID AND PASSWORD TO ACCESS THE WBSCM SYSTEM.
CONTACT THE WBSCM HELP DESK FOR INFORMATION REGARDING LOGON IDS, PASSWORDS, AND WBSCM SYSTEM QUESTIONS OR CONCERNS:

TELEPHONE: (877) 927-2648
E-MAIL: WBSCMhelp@ams.usda.gov

ALL FREIGHT OFFERS ARE DUE NO LATER THAN 1000 HRS U.S. CENTRAL TIME (1100 HRS NYT) ON JUNE JUNE 17, 2014.

ONLY FIRM OFFERS THAT ARE RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO NEGOTIATION WILL BE PERMITTED.

ALL OFFERS MUST REMAIN VALID THROUGH COB NYT JUNE 19, 2014.
NO PHONE OFFERS OR OFFERS VIA E-MAIL WILL BE ACCEPTED.

1. COMMODITY/QUANTITY: APPROX. 10,000 MT HRW WHEAT IN BULK.

OFFERORS ARE ENCOURAGED TO OFFER TO COMBINE AKF CARGO WITH IRD'S CARGO OF BULK WHEAT OF 6,800 MT FOR BURKINA FASO AND 9,100 MT OF SOYBEAN MEAL FOR SENEGAL UNDER SEPARATE IFB. THE CARGOES MUST BE DULY SEPARATED AT OWNER'S EXPENSE, RISK, AND TIME.

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 TO BE ON A MIN/MAX BASIS.

IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES MUST BE, AT CHOPT, DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO CHARTERERS' CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF CHARTERER'S CARGO. IF ARTIFICIAL SEPARATIONS OF PART CARGO, SAME TO BE APPROVED BY NCB PRIOR TO LOADING. AKF (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.  WEST AFRICA TO BE FIRST DISCHARGE ROTATION FOR THE VESSEL VOYAGE.

2. LAYDAYS: JULY 10-20, 2014

BILL OF LADING MUST BE DATED BEFORE JULY 31,2014

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 / CANCELING BEYOND THOSE SPECIFIED ABOVE WILL NOT BE CONSIDERED.

3. TUG-BARGES ARE EXCLUDED. INTEGRATED TUG/BARGE UNITS WILL BE CONSIDERED.
NON-U.S. FLAG VESSELS MUST NOT BE OLDER THAN 20 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.
FOR U.S. FLAG VESSEL OFFERS ONLY: IF OFFERORS ASSERT THAT OVER AGE INSURANCE IS NOT APPLICABLE, THEN OFFER(S) MUST INCLUDE DOCUMENTARY EVIDENCE SUBSTANTIATING SAME. SUCH SUBSTANTIATION MUST BE CLEAR, SPECIFIC AND UP TO DATE. IN ANY CASE, SAME IS SUBJECT TO REVIEW AND ACCEPTANCE BY CHARTERERS AND CARGO RECEIVERS AND DOES NOT GUARANTEE RELIEF OF OWNERS' OBLIGATION TO PAY FOR EXTRA INSURANCE SHOULD CHARTERERS/RECEIVERS DETERMINE SUBSTANTIATION TO BE INSUFFICIENT TO PROTECT THE CARGO INTERESTS.


OWNERS TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF VESSEL'S READINESS TO LOAD.
PRE-ADVICE MUST BE RECEIVED BY FETTIG & DONALTY 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. FUMIGATION MUST BE WITNESSED BY FGIS, USDA AND THE ALIMINUM PHOSPHIDE PREPARATION MUST BE CONTAINED IN PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR TWEEN-DECKERS AND BULK CARRIERS (INCLUDING PUSH MODE ITB), THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TUG BARGES OTHER THAN PUSH MODE ITBS, SURFACE APPLICATION WILL BE USED. 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.
FUMIGATION HANDBOOK REVISION INFORMATION AS PER NOTICE TO THE TRADE DATED OCTOBER 26, 2009.

AT THE DISCHARGE PORT 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 OWNERS' (VESSEL'S) ACCOUNT.
TIME TO COUNT FOR U.S. VESSELS AND NOT TO COUNT FOR NON-U.S. FLAG VESSELS.

6. DISCHARGING: 1-2 SAFE BERTH(S) DAKAR, SENEGAL

OWNERS ARE FULLY RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT WITH A PERMISSIBLE DRAFT  AND WITHIN ALL PORT RESTRICTIONS. OWNERS ARE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING PERMISSIBLE DRAFT. IF FULL OR PARTIAL LIGHTENING REQUIRED, LIGHTERAGE INTO ONE SUITABLE BULK CARRIER DAUGHTER VESSEL IS FOR OWNERS' TIME, RISK AND EXPENSE. DOUBLE VACUVATION IS NOT PERMITTED. THE DAUGHTER VESSEL MUST BE CERTIFIED FIT FOR RECEIPT OF CARGO BY A FIRST CLASS INDEPENDENT SURVEYOR AND PROVIDE ALL GEAR, REQUIRED TO MAINTAIN THE GUARANTEED DISCHARGE RATE.
DAUGHTER AND/OR PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE DISCHARGE PORT AUTHORITY. ANY LIGHTENING MUST BE PERFORMED IN THE TERRITORIAL WATERS OF SENEGAL.

7. FREIGHT RATE: TO BE QUOTED PER METRIC TON BASIS ONE LOADPORT TO ONE DISCHARGE PORT. ANY ADDITIONAL PREMIUMS ARE TO BE STATED IN THE OFFER SEPARATELY.

IF OWNER INTENDS TO LIGHTEN, THE OFFER TO SPECIFY THE COST OF LIGHTENING AND WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING IS NOT PERFORMED AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH, USDA WILL DEDUCT THE COST OF LIGHTENING FROM THE OCEAN FREIGHT.

OFFERS TO SPECIFY DEM/DES RATES AT LOAD AND DISCHARGE PORT. DESPATCH RATES MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.

OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:
VESSEL'S CURRENT POSITION, ITINERARY, TRANSIT TIME TO DISCHARGE PORT, NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED DRAFT, GEAR, SPEED AND NO. OF HOLDS/HATCHES.

8. FREIGHT PAYMENT:
PAYMENT OF 100% OF TOTAL FREIGHT WILL BE PAYABLE IN ACCORDANCE WITH C/P TERMS UPON VESSEL'S ARRIVAL AT DISCHARGE PORT.

9. 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, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED. ANY STOWING AND/OR TRIMMING TO BE FOR OWNER'S ACCOUNT.

BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9999.99 MT 4000 MT PER DAY
10000 - 19,999.99 MT 5000 MT PER DAY
20000 - 29,999.99 MT 6000 MT PER DAY
30000 - 39,999.99 MT 7500 MT PER DAY
40000 - 49,999.99 MT 10000 MT PER DAY
50000 MT AND ABOVE 12000 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 MT AND ABOVE 7,500 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 MAY 1, 2000) 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 MARITIME ARBITRATORS, INC.

10. DISCHARGE TERMS: THE CARGO IS TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 1,000 MT (2,204.6 LBS) PER WEATHER WORKING DAY OF TWENTY-FOUR (24) CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED (SSHEXEIU WP) ON THE BASIS OF THE BILL(S) OF LADING QUANTITY.

VESSEL TO PROVIDE ANY/ALL NECESSARY AND CAPABLE CRANES, GEAR, ACCESSORIES, TECHNICIANS ETC. TO MAINTAIN THE APPLICABLE DISCHARGE RATE ABOVE. ANY SHORE GEAR REQUIRED FOR DISCHARGE OR FOR LIFTING IN/OUT OF EQUIPMENT MUST BE FURNISHED AT OWNERS' TIME, RISK AND EXPENSE. VESSEL AND GEAR MUST MEET ALL REQUIREMENTS OF THE RECEIVERS AND THE DISCHARGE PORT AUTHORITY.

NOTICE OF READINESS AT DISCHARGE PORT SHALL BE DELIVERED IN WRITING TO THE OFFICE OF THE RECEIVERS OR THEIR AGENTS BETWEEN 08.00 AND 16.00 HOURS MONDAY TO FRIDAYS, HOLIDAYS EXCLUDED. SUCH NOTICE SHALL BE DELIVERED WHEN THE VESSEL IS IN THE DISCHARGING BERTH IF VACANT, FAILING WHICH FROM A LAY BERTH OR ANCHORAGE WITHIN LIMITS OF THE PORT OR OTHERWISE AS PROVIDED IN CLAUSE 18B OF THE NORGRAIN 73.

FOLLOWING RECEIPT OF NOTICE OF READINESS LAYTIME WILL COMMENCE AT 08.00 ON THE NEXT DAY NOT EXCEPTED FROM LAYTIME. TIME ACTUALLY USED BEFORE COMMENCEMENT OF LAYTIME SHALL NOT COUNT.

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.

11. DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN THE RECEIVERS (GROUPE ALCOMA, S.A.) AND VESSEL OWNER. VESSEL OWNER IS TO PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT TO THE RECEIVERS WITHIN THIRTY DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED ON BEHALF OF RECEIVERS AND VESSEL OWNER ARE TO BE PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT. UNDER NO CIRCUMSTANCES SHALL CCC NOR THE CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE RECEIVERS AND THE VESSEL OWNER. ANY/ALL DISPUTES BETWEEN RECEIVERS 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.

12. OWNER'S TO APPOINT AND PAY FOR CHARTERERS' NOMINATED AGENT AT DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.

13. VESSELS OVER 15 YEARS OF AGE AND ITBS 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.THE SEALING SHALL BE DONE TO THE SATISFACTION OF ATTENDING NCB SURVEYOR AS ATTESTED BY A SPECIAL SURVEY. COST OF SEALING HATCH COVERS/OPENINGS TO CARGO SPACES AS WELL AS SPECIAL SURVEY FEES SHALL BE FOR VESSEL OWNERS' ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS' LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO.
COPY OF SAID CERTIFICATE TO BE SUBMITTED TO CHARTERERS' AGENT AT TIME OF TENDER OF NOTICE TO LOAD.

14. 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, IT 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.

15. ISM /ISPS:
CARRIER/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 THE CHARTER. 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.

16. 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. OWNERS TO WARRANT THAT VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THE CARGO.

COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT TO CHARTERER'S AGENT, IF OFFERED DIRECT. IF BROKER INVOLVED, 2/3 OF 2.5% TO CHARTERER'S AGENT AND 1/3 OF 2.5% TO BROKER.

THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.
ONLY FIRM OFFERS  WILL BE ACCEPTED.
PHONE OR EMAIL OFFERS WILL NOT BE
CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME.
LATE OFFERS WILL NOT BE CONSIDERED.

ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE APPLICABLE RULES AND REGULATIONS OF THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO USDA AND AKF APPROVAL.

- ALL OFFERS AND AWARDS ARE SUBJECT TO THE PROVISIONS OF THE FOOD FOR PROGRESS ACT OF 1985.

OFFERS ARE TO BE SUBMITTED BASIS THE CURRENT AGA KHAN FOUNDATION U.S.A.
BULK WHEAT PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).

FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC.
AT 202-628-5700.

ISSUED JUNE 12,2014