Dominican Republic Award15-009B

IFB #:
15-009B
Tender Date:
Award Date:
Award Flag:
---
PVO:
International Executive Service Corps (IESC)
Agent:
Fettig & Donalty
Program:
Food for Progress

[FoodAid/FFP/images/ifb-header.html]

IFB# 15-009B Dominican Republic Tender

February 2, 2016

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR INTERNATIONAL EXECUTIVE SERVICE CORPS (IESC), ANNOUNCES A FREIGHT TENDER FOR SOYBEAN MEAL TO DOMINICAN REPUBLIC UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS AS FOLLOWS:

F&D REF: IES 1
IFB NUMBER: 15-009B
ORDER # 5000301655
FREIGHT INV #: 2000003855

COMMODITY INV#: 2000003854

AGREEMENT # FCC-517-2015/015


 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 9, 2016

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 11, 2016
NO PHONE OFFERS OR OFFERS VIA E-MAIL WILL BE ACCEPTED.

1. COMMODITY/QUANTITY: APPROX. 11,370 MT SOYBEAN MEAL IN BULK.
 CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.

CHARTERERS WILL REQUIRE 3 SEPARATE SETS OF DOCUMENTS/ BILL OF LADINGS AS PER FOLLOWING:  3411 MT, 4548 MT, 3411 MT.

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 AND AS PER FULL STYLE KOBE SEPARATION (NYLON/TARP AND PLYWOOD SHEETS ALL OVER THE SURFACE WITH DRILLED HOLES IN ORDER TO ACCEPT FUMIGATION).  IESC (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.

*RIO HAINA TO BE FIRST OUT DISCHARGE PORT FOR ANY COMBINED CARGOES*

2. LAYDAYS: MARCH 15-25, 2016

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 ARE EXCLUDED.  INTEGRATED TUG/BARGE UNITS AND TOWED BARGES  WILL BE CONSIDERED. 

THERE IS NO AGE RESTRICTION ON US FLAG VESSELS. FOREIGN FLAG VESSEL(S) SHOULD 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, CLASSIFICATION WILL BE FOR OWNER'S ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND LONDON MARKET RATES FOR NON-U.S. FLAG VESSEL(S). VESSEL OWNER TO SATISFY THEMSELVES AS TO PORT RESTRICTIONS IN PORT OF RIO HAINA.


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 NOT TO COUNT .  UPON COMPLETION OF FUMIGATION, VESSEL HOLDS TO BE PROPERLY SEALED BEFORE DEPARTIG LOADING PORT.

6. DISCHARGING: 1 SAFE BERTH RIO HANIA, DOMINICAN REPUBLIC


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:

THE CARGO IS TO BE DISCHARGED BY THE BUYERS FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE) AT THE AVERAGE RATE OF 2500 MT (OF 2204.6 LBS.) BASIS BULK CARRIERS, OR 1200 MT (OF 2,204.6 LBS EACH) BASIS MULTI DECKERS, PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS, AND HOLIDAYS EXCEPTED, EVEN IF USED (WWDSSHEX EIU) ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME FROM 1700 HOURS LOCAL TIME FRIDAY (OR ON A DAY PRECEDING A HOLIDAY) THROUGH 0800 HOURS LOCAL TIME MONDAY (OR DAY AFTER HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED.   NOTIFICATION OF VESSEL'S READINESS TO DISCHARGE MUST BE PROVIDED TO THE BUYER/RECEIVER OR ITS AGENTS WITHIN THE PERIOD OF 0900 HOURS TO 1700 HOURS, MONDAY THRU FRIDAY (EXCEPT HOLIDAYS) AND WITHIN THE PERIOD OF 0900 HOURS TO 1200 HOURS ON SATURDAYS. LAYTIME TO THEN COMMENCE AT 8:00 A.M. ON THE NEXT BUSINESS DAY, WHETHER IN BERTH OR NOT, BUT ANY PRIOR TIME USED NOT TO COUNT.  ANY DEMURRAGE INCURRED AT THE DISCHARGE PORT IS FOR THE ACCOUNT OF THE BUYER AT THE RATE STIPULATED IN THE OCEAN CHARTER.  DESPATCH IS PAYABLE BY THE VESSEL OWNER TO THE BUYER AT ONE-HALF OF THE DEMURRAGE RATE AS PER THE GOVERNING CHARTER PARTY.

OWNERS ARE RESPONSIBLE FOR VESSEL(S) ARRIVING AT THE DISCHARGE PORT WITHIN ALLOWABLE DRAFT. LIGHTENING IS PERMITTED. LIGHTENING (IF APPLICABLE) MUST BE PERFORMED IN THE TERRITORIAL WATERS OF THE COUNTRY OF THE DISCHARGE PORT.  LIGHTENING DAUGHTER VESSEL MUST BE SINGLE DECK BULK CARRIERS MEETING PORT’S VESSEL RESTRICTIONS.  DAUGHTER VESSEL MUST BE CLASSED HIGHEST IN LLOYDS OR EQUIVALENT AND CERTIFIED FIT FOR RECEIPT AND CARRIAGE OF BULK CARGO UNDER THIS CHARTER PARTY BY FIRST CLASS INDEPENDENT SURVEYOR. IF FULL LIGHTENING PERFORMED THEN, EACH DAUGHTER VESSEL, AFTER COMPLETION OF LIGHTENING OPERATIONS APPLICABLE TO THAT VESSEL, MUST TENDER ITS NOTICE OF READINESS TO DISCHARGE TO CONSIGNEES/RECEIVERS OF THEIR AGENTS DURING REGULAR BUSINESS HOURS AND LAYTIME SHALL COMMENCE AT 0800 HRS ON NEXT BUSINESS DAY AND PRIOR TIME IS NOT TO COUNT AS LAYTIME USED.  LAYTIME SHALL NOT COUNT ON DAUGHTER VESSEL(S) WAITING FOR DISCHARGE BERTH WHILE ANOTHER DAUGHTER VESSEL IS OCCUPYING THE DISCHARGE BERTH.  LAYTIME SHALL RECOMMENCE ON DAUGHTER VESSEL AWAITING DISCHARGE BERTH ONCE THE DAUGHTER VESSEL AT DISCHARGE BERTH HAS DEPARTED. IF PARTIAL LIGHTENING PERFORMED THEN, AFTER MOTHER VESSEL HAS COMPLETED LIGHTENING OPERATIONS AND REACHED REQUIRED SAFE ARRIVAL DRAFT FOR THE DISCHARGE PORT, THE MOTHER VESSEL MAY TENDER ITS NOTICE OF READINESS TO DISCHARGE TO CONSIGNEES/RECEIVERS OR THEIR AGENTS DURING REGULAR BUSINESS HOURS  AND LAYTIME SHALL COMMENCE AT 0800 HRS ON NEXT BUSINESS DAY AND PRIOR TIME USED IS NOT TO COUNT AS LAYTIME USED. LAYTIME CALCULATIONS AND SETTLEMENT OF DEMURRAGE AND DESPATCH WILL BE DIRECTLY BETWEEN BUYER AND VESSEL OWNER.  IESC WILL NOT BE RESPONSIBLE FOR SETTLING MATTERS OF LAYTIME CALCULATION OR SETTLEMENT OFDEMURRAGE/DESPATCH.  ANY DISPUTES IN SETTLEMENT OF LAYTIME ISSUES BETWEEN BUYER AND VESSEL OWNER, TO BE ARBITRATED IN NEW YORK UNDER SOCIETY OF MARITIME ARBITRATORS, INC.  ANY ADDITIONAL LAYTIME TERMS SHALL BE AS PER THE GOVERNING CHARTER PARTY. BUYER TO PROVIDE AND GUARANTEE MAXIMUM ARRIVAL DRAFT, LENGTH OVERALL (LOA), VESSEL WIDTH (BEAM), AIRDRAFT, AND ANY OTHER PERTINENT RESTRICTIONS ON THE VESSELS AT THE INTENDED BERTH(S) OR PORT(S) WHERE THE VESSEL IS TO DISCHARGE.  BUYER MUST PROVIDE SPECIFIC VESSEL GEAR REQUIREMENTS TO COMPLETE THE FREE OUT DISCHARGE.  THE BUYER IS FULLY RESPONSIBLE FOR ANY COSTS INCURRED BY THE SELLER OR VESSEL FOR NOT PROVIDING ACCURATE PORT/BERTH/VESSEL RESTRICTIONS AND GEAR REQUIREMENTS.

VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF SELF-DISCHARGE WITH VESSEL GEAR WITH 25MT SWL CAPACITY PER WORKING HATCH, WITH MINIMUM 22 TO 26 FEET BOOM AND OUTREACH OF 8.0 METERS.  ALTERNATIVELY, U.S. FLAG VESSELS MAY FURNISH AT THEIR EXPENSE ALL NECESSARY DISCHARGE EQUIPMENT TO MAINTAIN THE GUARANTEED DISCHARGE RATE AND PROVIDE ALL NECESSARY OPERATORS AND TECHNICIANS PLUS MOTIVE POWER AND FUEL FOR THE EQUIPMENT PROVIDED. 

DISCHARGING EQUIPMENT PROVIDED BY OWNER/VESSEL MUST MEET ALL REQUIREMENTS AND REGULATIONS OF THE APPLICABLE PORT AUTHORITIES AND   SHALL BE IN GOOD WORKING ORDER AT ALL TIMES AND MUST BE CAPABLE OF MAINTAINING THE GUARANTEED AVERAGE DISCHARGE RATE AS SPECIFIED ELSEWHERE HEREIN.  TIME USED FOR PREPARING DISCHARGE EQUIPMENT FOR USE, OR ANY TIME LOST AS A RESULT OF INSUFFICIENCIES OF GEAR OR BREAKDOWN OF GEAR NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE

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

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

12. 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.

13. 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.

14. 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.

15. 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 GOVERNMENT OF GUATEMALA 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 IESC  BULK PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).

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

ISSUED FEB 2, 2016

Regards,

Mike Lagoon

Fettig & Donalty, Inc.

Tel: 202-628-5700

Fax: 202-639-8276

Mobile: 202-215-5009

www.fettigdonalty.com

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