Philippines Award13-014B

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IFB# 13-014B Philippines Tender Results

February 19, 2014

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR WINROCK INTERNATIONAL , ANNOUNCES FREIGHT TENDER RESULTS FOR SOYBEAN MEAL TO THE PHILIPPINES

F&D REF: WIN 3
IFB NUMBER: 13-014B
ORDER # 5000192965
FREIGHT INV #: 2000002332

COMMODITY INV#: 2000002331

AGREEMENT # FCC-492-13032

20,990 MT FIXED AS FOLLOWS:

6750 MT FIXED AS FOLLOWS:

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

ISSUED FEBRUARY 19, 2014

IFB# 13-014B Philippines Tender Amendment 1

February 6, 2014

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR WINROCK INTERNATIONAL , ANNOUNCES AMENDMENT TO THE FREIGHT RE-TENDER #2 DATED FEBRUARY 6, 2014 UNDER THE FOOD FOR PROGRESS PROGRAM,
F&D REF: WIN 3
IFB NUMBER: 13-014B
ORDER # 5000192965
FREIGHT INV #: 2000002332

COMMODITY INV#: 2000002331

AGREEMENT # FCC-492-13032

“ALL FREIGHT OFFERS ARE DUE NO LATER THAN 1000 HRS U.S. CENTRAL TIME (1100 HRS NYT) ON FEBRUARY 11, 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 1700 HR FEBRUARY 13, 2014
NO PHONE OFFERS OR OFFERS VIA E-MAIL WILL BE ACCEPTED.”

ALL OTHER TERMS AND CONDITIONS AS PER RE-TENDER DATED FEB 6, 2014

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

ISSUED FEBRUARY 6, 2014

IFB# 13-014B Philippines Re-Tender

February 6, 2014

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR WINROCK INTERNATIONAL , ANNOUNCES FREIGHT RE-TENDER #2, UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS AS FOLLOWS:

F&D REF: WIN 3
IFB NUMBER: 13-014B
ORDER # 5000192965
FREIGHT INV #: 2000002332

COMMODITY INV#: 2000002331

AGREEMENT # FCC-492-13032

 

 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.USDA.GOV/WPS/PORTAL/USDA/USDAHOME?NAVID=WBSCM

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 FEBRUARY 10, 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 1700 HR FEBRUARY 12, 2014
NO PHONE OFFERS OR OFFERS VIA E-MAIL WILL BE ACCEPTED.

1. COMMODITY/QUANTITY: APPROX. 27,740 MT SOYBEAN MEAL IN BULK

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 IN COMBINATION WITH SOYBEAN MEAL FOR NCBA PHILIPPINES AND COMING FROM ONE SUPPLIER, THE PARCELS CAN BE COMINGLED.  IF VESSEL IS FIXED BASIS PART CARGO WITH ANY OTHER ADDITIONAL COMPLETION CARGOES, CARGOES  MUST BE 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.  WINROCK CARGO MUST HAVE A NATURAL SEPARATION FROM ANY COMPLETION CARGOES OTHER THAN THE NCBA PHILIPPINES SOYBEAN MEAL.
OWNERS TO ISSUE CLEAN ONBOARD BILLS OF LADING CONSIGNED TO ORDER OF DESIGNATED CONFIRMING BANK AND MARKED FREIGHT PREPAID.

 
2. LAYDAYS: MARCH 18-28, 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.  BILL OF LADING DATE MUST BE BEFORE MARCH 31, 2014.  OWNERS ARE ENCOURAGED TO PRESENT AT THE EARLIEST DATES OF THE LAYDAYS.

3. TANKERS AND TOWED BARGES ARE EXCLUDED.  U.S. FLAG TWEENS/MULTI-DECKERS AND INTEGRATED TUG/BARGE UNITS ARE PERMITTED.  NON- U.S. FLAG VESSELS TO BE GEARED BULKERS ONLY.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.  CARGO SHALL NOT BE LOADED INTO DEEP/WING HOLDS OR TANKS AND OTHER SPACES WHICH ARE NOT BLEEDABLE OR DIRECTLY ACCESSIBLE TO GRAB DISCHARGE.

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) SUBIC BAY, PHILIPPINES

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 PAID DIRECTLY TO THE CARRIER BY USDA THROUGH THE WBSCM SYSPTEM IN ACCORDANCE WITH C/P TERMS.

 
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

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:CARGO TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE) AT THE AVERAGE RATE OF 6,000 MT (IN TONS OF 2,204.6 POUNDS) PRO-RATA PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED EVEN IF USED (WWDSSHEX.EIU), ON THE BASIS OF THE BILL OF LADING QUANTITY. THIS IS THE COMBINED DISCHARGE RATE GUARANTEE FOR ALL SOYBEAN MEAL IF CARRIAGE IS COMBINED WITH SOYBEAN MEAL FOR NCBA BEING DISCHARGED AT THE SAME PORT(S), AND LAYTIME AT (EACH) DISCHARGE PORT IS TO BE PRO-RATED (BY METRIC TONS) AMONGST ALL CHARTERERS WITH CARGO ON A GIVEN VESSEL BEING DISCHARGED THERE.  THE DISCHARGE GUARANTEE SHALL NOT APPLY FOR LASH/SEABEE BARGES.  ANY SHIFTING NECESSARY DUE TO THE VESSEL’S SIZE OR CONFIGURATION TO BE AT OWNER’S TIME, RISK AND EXPENSE

NOTICE OF READINESS AT DISCHARGE PORT TO BE DELIVERED TO THE OFFICE OF RECEIVERS OR RECEIVER’S AGENT DURING NORMAL OFFICE HOURS, BETWEEN 0800 HOURS AND 1800 HOURS MONDAY THROUGH FRIDAY, OR BETWEEN 0800 HOURS AND 1300 HOURS ON SATURDAY, SUNDAYS AND HOLIDAYS EXCLUDED, WHETHER VESSEL HAS BEEN CUSTOMS CLEARED OR NOT (WCCON), WHETHER VESSEL HAS BEEN GRANTED FREE PRATIQUE OR NOT (WIFPON), WHETHER VESSEL IN IS PORT OR NOT (WIPON), WHETHER VESSEL IS IN BERTH OR NOT (WIBON).  AT VESSEL’S OPTION, NOR MAY BE TENDERED IN WRITING BY CABLE, TELEX OR FACSIMILE, OR IF VESSEL IS AT ANCHORAGE WAITING FOR BERTH.  LAYTIME TO COMMENCE AT 0700 HOURS ON THE NEXT WORKING DAY AFTER NOR HAS BEEN TENDERED IN ACCORDANCE WITH THESE PROVISIONS.

DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN THE RECEIVERS 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.

11. VESSEL GEAR REQUIREMENTS:  VESSEL MUST BE CAPABLE OF SELF-DISCHARGE WITH VESSEL GEAR WITH CAPACITY TO HANDLE 15-METRIC TON CLAM SHELL.  FOR U.S. FLAG VESSELS ONLY, OWNER-SUPPLIED SHORESIDE GEAR WITH THE REQUIRED MINIMUM CLAM-SHELL CAPACITY IS PERMITTED WITH DETAILS OF EQUIPMENT TO BE USED FULLY DESCRIBED IN OFFER.  IN ADDITION TO ALL NECESSARY GEAR AND EQUIPMENT, OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER/FUEL TO OPERATE ALL DISCHARGE GEAR AND SUPPORT EQUIPMENT, AND ANY NECESSARY TECHNICIANS.  DISCHARGE GEAR PROVIDED BY OWNER/VESSEL SHALL BE IN GOOD WORKING ORDER AT ALL TIMES AND MUST BE CAPABLE OF MAINTAINING THE GUARANTEED AVERAGE DISCHARGE RATE AS SPECIFIED ELSEWHERE HEREIN.  ANY TIME LOST AS A RESULT OF INSUFFICIENCIES OF GEAR OR BREAKDOWN OF GEAR NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE.

LIGHTERING AT DISPORT:  THE OWNERS ARE RESPONSIBLE FOR THE PERFORMING VESSEL TO BE OF A SUITABLE SIZE AND FOR ARRIVING AT DISCHARGE PORT AND BERTH(S) WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT.  IF VESSELS' SIZE OR DRAFT EXCEEDS THE ACCEPTABLE SAFE ARRIVAL DRAFT OR SIZE LIMITATIONS, OWNER TO BE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING SUCH SAFE DRAFT AND/OR ALL COSTS FOR LIGHTERING THE CARGO INTO SUITABLE SIZE VESSELS.  VESSELS SHOULD NOT ARRIVE AT DISCHARGE PORT WITH A DRAFT EXCEEDING 11.9 M. IN THE EVENT VESSEL HAS TO LIGHTEN AT DISPORT WHETHER FULL LIGHTERING OR PARTIAL LIGHTERING, ALL LIGHTERING OPERATIONS SHALL BE AT SHIP OWNER’S TIME, RISK AND EXPENSE. FOR ALL LIGHTERING (FULL OR PARTIAL) THE LIGHTERAGE VESSELS, MUST BE GEARED OCEAN-GOING BULK CARRIER VESSEL, CLASSED HIGHEST IN LLOYDS OR EQUIVALENT, CERTIFIED BY A LICENSED SURVEYOR THAT ALL CARGO COMPARTMENTS ARE CLEAN AND ENTIRELY FIT TO RECEIVE AND CARRY CONTRACTED CARGO AND THAT ALL WINCHES/CRANES ARE IN GOOD WORKING ORDER.  LAYTIME ALLOWED, WHETHER FULL OR PARTIAL LIGHTERING, SHALL BE BASED ON THE BILLS(S) OF LADING WEIGHT. IN THE EVENT OF PARTIAL LIGHTERING, VESSEL WILL NOT BE CONSIDERED READY UNTIL OWNERS HAVE ARRANGED LIGHTERING AND VESSEL HAS REACHED A SAFE DRAFT FOR BERTHING.  ALL TIME LOST BEFORE VESSEL REACHES SAID DRAFT IS NOT TO COUNT AS LAYTIME USED.  LAYTIME IS NOT TO COMMENCE PRIOR 0700 ON THE NEXT WORKING DAY FOLLOWING COMPLETION OF LIGHTERING AND PRESENTATION OF VALID NOTICE OF READINESS.  IN THE EVENT OF FULL LIGHTERING LAYTIME SHALL COMMENCE AT 0700 ON THE NEXT WORKING DAY AFTER DAUGHTER VESSEL(S) HAVE PRESENTED THEIR NOTICE(S) OF READINESS TO DISCHARGE AND DEMURRAGE/DESPATCH RATE SHALL APPLY ONLY TO THE DAUGHTER VESSEL(S).  MOTHER VESSEL (PARTIAL LIGHTERING) AND DAUGHTER VESSELS (FULL OR PARTIAL LIGHTERING) TO TAKE TURNS AT DISCHARGE AND TIME ON SECOND AND SUBSEQUENT VESSELS NOT TO COUNT UNTIL PREVIOUS VESSEL COMPLETES DISCHARGE AND HAS VACATED THE BERTH.  TIME FOR SHIFTING INTO BERTH NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE. ANY LIGHTERAGE IS TO BE ACCOMPLISHED WITHIN THE TERRITORIAL WATERS OF THE COUNTRY OF THE NAMED DISCHARGE PORT(S) UNLESS OTHERWISE APPROVED BY CHARTERERS AND USDA.

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.

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 AND TUG/BARGES) 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, IN WBSCM, 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 WINROCK 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 WINROCK BULK SOYBEAN MEAL PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).

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

ISSUED FEBRUARY 6, 2014

IFB# 13-014B Philippines Re-Tender

January 29, 2014

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

F&D REF: WIN 3
IFB NUMBER: 13-014B
ORDER # 5000192965
FREIGHT INV #: 2000002311

COMMODITY INV#: 2000002310

AGREEMENT # FCC-492-13032

 

 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.USDA.GOV/WPS/PORTAL/USDA/USDAHOME?NAVID=WBSCM

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 FEBRUARY 3, 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 1700 HR FEBRUARY 4, 2014
NO PHONE OFFERS OR OFFERS VIA E-MAIL WILL BE ACCEPTED.

1. COMMODITY/QUANTITY: APPROX. 27,740 MT SOYBEAN MEAL IN BULK

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 IN COMBINATION WITH SOYBEAN MEAL FOR NCBA PHILIPPINES AND COMING FROM ONE SUPPLIER, THE PARCELS CAN BE COMINGLED.  IF VESSEL IS FIXED BASIS PART CARGO WITH ANY OTHER ADDITIONAL COMPLETION CARGOES, CARGOES  MUST BE 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.  WINROCK CARGO MUST HAVE A NATURAL SEPARATION FROM ANY COMPLETION CARGOES OTHER THAN THE NCBA PHILIPPINES SOYBEAN MEAL.
OWNERS TO ISSUE CLEAN ONBOARD BILLS OF LADING CONSIGNED TO ORDER OF DESIGNATED CONFIRMING BANK AND MARKED FREIGHT PREPAID.

 
2. LAYDAYS: MARCH 6-16, 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. TANKERS AND TOWED BARGES ARE EXCLUDED.  U.S. FLAG TWEENS/MULTI-DECKERS AND INTEGRATED TUG/BARGE UNITS ARE PERMITTED.  NON- U.S. FLAG VESSELS TO BE GEARED BULKERS ONLY.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.  CARGO SHALL NOT BE LOADED INTO DEEP/WING HOLDS OR TANKS AND OTHER SPACES WHICH ARE NOT BLEEDABLE OR DIRECTLY ACCESSIBLE TO GRAB DISCHARGE.

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) SUBIC BAY, PHILIPPINES

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 PAID DIRECTLY TO THE CARRIER BY USDA THROUGH THE WBSCM SYSPTEM IN ACCORDANCE WITH C/P TERMS.

 
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

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:CARGO TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE) AT THE AVERAGE RATE OF 6,000 MT (IN TONS OF 2,204.6 POUNDS) PRO-RATA PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED EVEN IF USED (WWDSSHEX.EIU), ON THE BASIS OF THE BILL OF LADING QUANTITY. THIS IS THE COMBINED DISCHARGE RATE GUARANTEE FOR ALL SOYBEAN MEAL IF CARRIAGE IS COMBINED WITH SOYBEAN MEAL FOR NCBA BEING DISCHARGED AT THE SAME PORT(S), AND LAYTIME AT (EACH) DISCHARGE PORT IS TO BE PRO-RATED (BY METRIC TONS) AMONGST ALL CHARTERERS WITH CARGO ON A GIVEN VESSEL BEING DISCHARGED THERE.  THE DISCHARGE GUARANTEE SHALL NOT APPLY FOR LASH/SEABEE BARGES.  ANY SHIFTING NECESSARY DUE TO THE VESSEL’S SIZE OR CONFIGURATION TO BE AT OWNER’S TIME, RISK AND EXPENSE

NOTICE OF READINESS AT DISCHARGE PORT TO BE DELIVERED TO THE OFFICE OF RECEIVERS OR RECEIVER’S AGENT DURING NORMAL OFFICE HOURS, BETWEEN 0800 HOURS AND 1800 HOURS MONDAY THROUGH FRIDAY, OR BETWEEN 0800 HOURS AND 1300 HOURS ON SATURDAY, SUNDAYS AND HOLIDAYS EXCLUDED, WHETHER VESSEL HAS BEEN CUSTOMS CLEARED OR NOT (WCCON), WHETHER VESSEL HAS BEEN GRANTED FREE PRATIQUE OR NOT (WIFPON), WHETHER VESSEL IN IS PORT OR NOT (WIPON), WHETHER VESSEL IS IN BERTH OR NOT (WIBON).  AT VESSEL’S OPTION, NOR MAY BE TENDERED IN WRITING BY CABLE, TELEX OR FACSIMILE, OR IF VESSEL IS AT ANCHORAGE WAITING FOR BERTH.  LAYTIME TO COMMENCE AT 0700 HOURS ON THE NEXT WORKING DAY AFTER NOR HAS BEEN TENDERED IN ACCORDANCE WITH THESE PROVISIONS.

DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN THE RECEIVERS 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.

11. VESSEL GEAR REQUIREMENTS:  VESSEL MUST BE CAPABLE OF SELF-DISCHARGE WITH VESSEL GEAR WITH CAPACITY TO HANDLE 15-METRIC TON CLAM SHELL.  FOR U.S. FLAG VESSELS ONLY, OWNER-SUPPLIED SHORESIDE GEAR WITH THE REQUIRED MINIMUM CLAM-SHELL CAPACITY IS PERMITTED WITH DETAILS OF EQUIPMENT TO BE USED FULLY DESCRIBED IN OFFER.  IN ADDITION TO ALL NECESSARY GEAR AND EQUIPMENT, OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER/FUEL TO OPERATE ALL DISCHARGE GEAR AND SUPPORT EQUIPMENT, AND ANY NECESSARY TECHNICIANS.  DISCHARGE GEAR PROVIDED BY OWNER/VESSEL SHALL BE IN GOOD WORKING ORDER AT ALL TIMES AND MUST BE CAPABLE OF MAINTAINING THE GUARANTEED AVERAGE DISCHARGE RATE AS SPECIFIED ELSEWHERE HEREIN.  ANY TIME LOST AS A RESULT OF INSUFFICIENCIES OF GEAR OR BREAKDOWN OF GEAR NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE.

LIGHTERING AT DISPORT:  THE OWNERS ARE RESPONSIBLE FOR THE PERFORMING VESSEL TO BE OF A SUITABLE SIZE AND FOR ARRIVING AT DISCHARGE PORT AND BERTH(S) WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT.  IF VESSELS' SIZE OR DRAFT EXCEEDS THE ACCEPTABLE SAFE ARRIVAL DRAFT OR SIZE LIMITATIONS, OWNER TO BE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING SUCH SAFE DRAFT AND/OR ALL COSTS FOR LIGHTERING THE CARGO INTO SUITABLE SIZE VESSELS.  VESSELS SHOULD NOT ARRIVE AT DISCHARGE PORT WITH A DRAFT EXCEEDING 11.9 M. IN THE EVENT VESSEL HAS TO LIGHTEN AT DISPORT WHETHER FULL LIGHTERING OR PARTIAL LIGHTERING, ALL LIGHTERING OPERATIONS SHALL BE AT SHIP OWNER’S TIME, RISK AND EXPENSE. FOR ALL LIGHTERING (FULL OR PARTIAL) THE LIGHTERAGE VESSELS, MUST BE GEARED OCEAN-GOING BULK CARRIER VESSEL, CLASSED HIGHEST IN LLOYDS OR EQUIVALENT, CERTIFIED BY A LICENSED SURVEYOR THAT ALL CARGO COMPARTMENTS ARE CLEAN AND ENTIRELY FIT TO RECEIVE AND CARRY CONTRACTED CARGO AND THAT ALL WINCHES/CRANES ARE IN GOOD WORKING ORDER.  LAYTIME ALLOWED, WHETHER FULL OR PARTIAL LIGHTERING, SHALL BE BASED ON THE BILLS(S) OF LADING WEIGHT. IN THE EVENT OF PARTIAL LIGHTERING, VESSEL WILL NOT BE CONSIDERED READY UNTIL OWNERS HAVE ARRANGED LIGHTERING AND VESSEL HAS REACHED A SAFE DRAFT FOR BERTHING.  ALL TIME LOST BEFORE VESSEL REACHES SAID DRAFT IS NOT TO COUNT AS LAYTIME USED.  LAYTIME IS NOT TO COMMENCE PRIOR 0700 ON THE NEXT WORKING DAY FOLLOWING COMPLETION OF LIGHTERING AND PRESENTATION OF VALID NOTICE OF READINESS.  IN THE EVENT OF FULL LIGHTERING LAYTIME SHALL COMMENCE AT 0700 ON THE NEXT WORKING DAY AFTER DAUGHTER VESSEL(S) HAVE PRESENTED THEIR NOTICE(S) OF READINESS TO DISCHARGE AND DEMURRAGE/DESPATCH RATE SHALL APPLY ONLY TO THE DAUGHTER VESSEL(S).  MOTHER VESSEL (PARTIAL LIGHTERING) AND DAUGHTER VESSELS (FULL OR PARTIAL LIGHTERING) TO TAKE TURNS AT DISCHARGE AND TIME ON SECOND AND SUBSEQUENT VESSELS NOT TO COUNT UNTIL PREVIOUS VESSEL COMPLETES DISCHARGE AND HAS VACATED THE BERTH.  TIME FOR SHIFTING INTO BERTH NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE. ANY LIGHTERAGE IS TO BE ACCOMPLISHED WITHIN THE TERRITORIAL WATERS OF THE COUNTRY OF THE NAMED DISCHARGE PORT(S) UNLESS OTHERWISE APPROVED BY CHARTERERS AND USDA.

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.

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 AND TUG/BARGES) 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, IN WBSCM, 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 WINROCK 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 WINROCK BULK SOYBEAN MEAL PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).

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

ISSUED JANUARY 29, 2014

IFB# 13-014B Philippines Tender Amendment

January 22, 2014

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR WINROCK INTERNATIONAL, ANNOUNCES THE FOLLOWING  FREIGHT TENDER AMENDMENT, UNDER THE FOOD FOR PROGRESS PROGRAM FOR THE PHILIPPINES

F&D REF: WIN 3
IFB NUMBER: 13-014B
ORDER # 5000192965
FREIGHT INV #: 2000002296

COMMODITY INV#: 2000002295

AGREEMENT # FCC-492-13032

 
1. IF VESSEL IS FIXED IN COMBINATION WITH SOYBEAN MEAL FOR NCBA PHILIPPINES AND COMING FROM ONE SUPPLIER, THE PARCELS CAN BE COMINGLED.  IF VESSEL IS FIXED BASIS PART CARGO WITH ANY OTHER ADDITIONAL COMPLETION CARGOES, CARGOES  MUST BE 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.  WINROCK CARGO MUST HAVE A NATURAL SEPARATION FROM ANY COMPLETION CARGOES OTHER THAN THE NCBA PHILIPPINES SOYBEAN MEAL.

2. FIRST PARAGRAPH OF ITEM #10 OF TENDER, DISCHARGE TERMS, AMENDED AS FOLLOWS: 

DISCHARGE TERMS:CARGO TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE) AT THE AVERAGE RATE OF 6,000 MT (IN TONS OF 2,204.6 POUNDS) PRO-RATA PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED EVEN IF USED (WWDSSHEX.EIU), ON THE BASIS OF THE BILL OF LADING QUANTITY. THIS IS THE COMBINED DISCHARGE RATE GUARANTEE FOR ALL SOYBEAN MEAL IF CARRIAGE IS COMBINED WITH SOYBEAN MEAL FOR NCBA BEING DISCHARGED AT THE SAME PORT(S), AND LAYTIME AT (EACH) DISCHARGE PORT IS TO BE PRO-RATED (BY METRIC TONS) AMONGST ALL CHARTERERS WITH CARGO ON A GIVEN VESSEL BEING DISCHARGED THERE.  THE DISCHARGE GUARANTEE SHALL NOT APPLY FOR LASH/SEABEE BARGES.  ANY SHIFTING NECESSARY DUE TO THE VESSEL’S SIZE OR CONFIGURATION TO BE AT OWNER’S TIME, RISK AND EXPENSE.

ALL OTHER TERMS AND CONDITIONS AS PER TENDER DATED JANUARY 22, 2014.

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

ISSUED JANUARY 23, 2014

IFB# 13-014B Philippines Tender

January 22, 2014

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR WINROCK INTERNATIONAL , 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: WIN 3
IFB NUMBER: 13-014B
ORDER # 5000192965
FREIGHT INV #: 2000002296

COMMODITY INV#: 2000002295

AGREEMENT # FCC-492-13032

 

 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.USDA.GOV/WPS/PORTAL/USDA/USDAHOME?NAVID=WBSCM

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 JANUARY 28, 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 1700 HR JANUARY 30,2014
NO PHONE OFFERS OR OFFERS VIA E-MAIL WILL BE ACCEPTED.

1. COMMODITY/QUANTITY: APPROX. 27,740 MT SOYBEAN MEAL IN BULK

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.  WINROCK CARGO MUST HAVE A NATURAL SEPARATION FROM ANY COMPLETION CARGOES.\

OWNERS TO ISSUE CLEAN ONBOARD BILLS OF LADING CONSIGNED TO ORDER OF DESIGNATED CONFIRMING BANK AND MARKED FREIGHT PREPAID.

 
2. LAYDAYS: MARCH 3-13, 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. TANKERS AND TOWED BARGES ARE EXCLUDED.  U.S. FLAG TWEENS/MULTI-DECKERS AND INTEGRATED TUG/BARGE UNITS ARE PERMITTED.  NON- U.S. FLAG VESSELS TO BE GEARED BULKERS ONLY.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.  CARGO SHALL NOT BE LOADED INTO DEEP/WING HOLDS OR TANKS AND OTHER SPACES WHICH ARE NOT BLEEDABLE OR DIRECTLY ACCESSIBLE TO GRAB DISCHARGE.

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) SUBIC BAY, PHILIPPINES

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 PAID DIRECTLY TO THE CARRIER BY USDA THROUGH THE WBSCM SYSPTEM IN ACCORDANCE WITH C/P TERMS.

 
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

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:CARGO TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE) AT THE AVERAGE RATE OF 6,000 MT (IN TONS OF 2,204.6 POUNDS) PRO-RATA PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED EVEN IF USED (WWDSSHEX.EIU), ON THE BASIS OF THE BILL OF LADING QUANTITY.  THE DISCHARGE GUARANTEE SHALL NOT APPLY FOR LASH/SEABEE BARGES.  ANY SHIFTING NECESSARY DUE TO THE VESSEL’S SIZE OR CONFIGURATION TO BE AT OWNER’S TIME, RISK AND EXPENSE.

NOTICE OF READINESS AT DISCHARGE PORT TO BE DELIVERED TO THE OFFICE OF RECEIVERS OR RECEIVER’S AGENT DURING NORMAL OFFICE HOURS, BETWEEN 0800 HOURS AND 1800 HOURS MONDAY THROUGH FRIDAY, OR BETWEEN 0800 HOURS AND 1300 HOURS ON SATURDAY, SUNDAYS AND HOLIDAYS EXCLUDED, WHETHER VESSEL HAS BEEN CUSTOMS CLEARED OR NOT (WCCON), WHETHER VESSEL HAS BEEN GRANTED FREE PRATIQUE OR NOT (WIFPON), WHETHER VESSEL IN IS PORT OR NOT (WIPON), WHETHER VESSEL IS IN BERTH OR NOT (WIBON).  AT VESSEL’S OPTION, NOR MAY BE TENDERED IN WRITING BY CABLE, TELEX OR FACSIMILE, OR IF VESSEL IS AT ANCHORAGE WAITING FOR BERTH.  LAYTIME TO COMMENCE AT 0700 HOURS ON THE NEXT WORKING DAY AFTER NOR HAS BEEN TENDERED IN ACCORDANCE WITH THESE PROVISIONS.

DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN THE RECEIVERS 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.

11. VESSEL GEAR REQUIREMENTS:  VESSEL MUST BE CAPABLE OF SELF-DISCHARGE WITH VESSEL GEAR WITH CAPACITY TO HANDLE 15-METRIC TON CLAM SHELL.  FOR U.S. FLAG VESSELS ONLY, OWNER-SUPPLIED SHORESIDE GEAR WITH THE REQUIRED MINIMUM CLAM-SHELL CAPACITY IS PERMITTED WITH DETAILS OF EQUIPMENT TO BE USED FULLY DESCRIBED IN OFFER.  IN ADDITION TO ALL NECESSARY GEAR AND EQUIPMENT, OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER/FUEL TO OPERATE ALL DISCHARGE GEAR AND SUPPORT EQUIPMENT, AND ANY NECESSARY TECHNICIANS.  DISCHARGE GEAR PROVIDED BY OWNER/VESSEL SHALL BE IN GOOD WORKING ORDER AT ALL TIMES AND MUST BE CAPABLE OF MAINTAINING THE GUARANTEED AVERAGE DISCHARGE RATE AS SPECIFIED ELSEWHERE HEREIN.  ANY TIME LOST AS A RESULT OF INSUFFICIENCIES OF GEAR OR BREAKDOWN OF GEAR NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE.

LIGHTERING AT DISPORT:  THE OWNERS ARE RESPONSIBLE FOR THE PERFORMING VESSEL TO BE OF A SUITABLE SIZE AND FOR ARRIVING AT DISCHARGE PORT AND BERTH(S) WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT.  IF VESSELS' SIZE OR DRAFT EXCEEDS THE ACCEPTABLE SAFE ARRIVAL DRAFT OR SIZE LIMITATIONS, OWNER TO BE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING SUCH SAFE DRAFT AND/OR ALL COSTS FOR LIGHTERING THE CARGO INTO SUITABLE SIZE VESSELS.  VESSELS SHOULD NOT ARRIVE AT DISCHARGE PORT WITH A DRAFT EXCEEDING 11.9 M. IN THE EVENT VESSEL HAS TO LIGHTEN AT DISPORT WHETHER FULL LIGHTERING OR PARTIAL LIGHTERING, ALL LIGHTERING OPERATIONS SHALL BE AT SHIP OWNER’S TIME, RISK AND EXPENSE. FOR ALL LIGHTERING (FULL OR PARTIAL) THE LIGHTERAGE VESSELS, MUST BE GEARED OCEAN-GOING BULK CARRIER VESSEL, CLASSED HIGHEST IN LLOYDS OR EQUIVALENT, CERTIFIED BY A LICENSED SURVEYOR THAT ALL CARGO COMPARTMENTS ARE CLEAN AND ENTIRELY FIT TO RECEIVE AND CARRY CONTRACTED CARGO AND THAT ALL WINCHES/CRANES ARE IN GOOD WORKING ORDER.  LAYTIME ALLOWED, WHETHER FULL OR PARTIAL LIGHTERING, SHALL BE BASED ON THE BILLS(S) OF LADING WEIGHT. IN THE EVENT OF PARTIAL LIGHTERING, VESSEL WILL NOT BE CONSIDERED READY UNTIL OWNERS HAVE ARRANGED LIGHTERING AND VESSEL HAS REACHED A SAFE DRAFT FOR BERTHING.  ALL TIME LOST BEFORE VESSEL REACHES SAID DRAFT IS NOT TO COUNT AS LAYTIME USED.  LAYTIME IS NOT TO COMMENCE PRIOR 0700 ON THE NEXT WORKING DAY FOLLOWING COMPLETION OF LIGHTERING AND PRESENTATION OF VALID NOTICE OF READINESS.  IN THE EVENT OF FULL LIGHTERING LAYTIME SHALL COMMENCE AT 0700 ON THE NEXT WORKING DAY AFTER DAUGHTER VESSEL(S) HAVE PRESENTED THEIR NOTICE(S) OF READINESS TO DISCHARGE AND DEMURRAGE/DESPATCH RATE SHALL APPLY ONLY TO THE DAUGHTER VESSEL(S).  MOTHER VESSEL (PARTIAL LIGHTERING) AND DAUGHTER VESSELS (FULL OR PARTIAL LIGHTERING) TO TAKE TURNS AT DISCHARGE AND TIME ON SECOND AND SUBSEQUENT VESSELS NOT TO COUNT UNTIL PREVIOUS VESSEL COMPLETES DISCHARGE AND HAS VACATED THE BERTH.  TIME FOR SHIFTING INTO BERTH NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE. ANY LIGHTERAGE IS TO BE ACCOMPLISHED WITHIN THE TERRITORIAL WATERS OF THE COUNTRY OF THE NAMED DISCHARGE PORT(S) UNLESS OTHERWISE APPROVED BY CHARTERERS AND USDA.

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.

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 AND TUG/BARGES) 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, IN WBSCM, 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 WINROCK 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 WINROCK BULK SOYBEAN MEAL PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).

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

ISSUED JANUARY 22, 2014