Benin Award15-014B

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IFB# 15-014B Benin Tender Results

April 29, 2016

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR PARTNERS FOR DEVELOPMENT., ANNOUNCES FREIGHT TENDER RESULTS FOR RICE UNDER THE FOOD FOR PROGRESS PROGRAM

F&D REF: PD36 IFB NUMBER: 15-014B ORDER # 5000333606

FREIGHT INV #: 2000003991

COMMODITY INV #: 2000003990

FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC. AT 202-628-5700. ISSUED APRIL 29, 2016

IFB# 15-014B Benin Amendment

April 21, 2016

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR PARTNERS FOR DEVELOPMENT., ANNOUNCES A FREIGHT TENDER AMENDMENT UNDER THE FOOD FOR PROGRESS PROGRAM, AS FOLLOWS:

F&D REF: PD36
IFB NUMBER: 15-014B
ORDER # 5000331669

FREIGHT INV #: 2000003991

COMMODITY INV #: 2000003990

AGREEMENT # FCC6802015/012

  COMMODITY/QUANTITY: APPROX. 5,610 MT BULK WELL MILLED RICE WITH EMPTY BAGS.  EMPTY BAGS TO BE CARRIED FREIGHT FREE.

“ LAYDAYS ARE AMENDED TO MAY 27- JUNE 5, 2016”

ALL OTHER TERMS AND CONDITIONS AS PER FREIGHT TENDER DATED APRIL 20, 2016

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

ISSUED APRIL 21, 2016

IFB# 15-014B Benin Tender

April 20, 2016

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

F&D REF: PD36
IFB NUMBER: 15-014B
ORDER # 5000331669

FREIGHT INV #: 2000003991

COMMODITY INV #: 2000003990

AGREEMENT # FCC6802015/012

 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
ARRIERS 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 APRIL 26, 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 APRIL 28, 2016
NO PHONE OFFERS OR OFFERS VIA E-MAIL WILL BE ACCEPTED.

1. COMMODITY/QUANTITY: APPROX. 5,610 MT BULK WELL MILLED RICE WITH EMPTY BAGS.  EMPTY BAGS TO BE CARRIED FREIGHT FREE.

OFFERORS ARE ENCOURAGED TO OFFER THE PARTNERS FOR DEVELOPMENT CARGO IN COMBINATION WITH THE TECHNOSERVE (TNS) CARGO OF BULK RICE OF 10,420 MT TO CONAKRY UNDER SEPARATE IFB. THE PFD CARGO MAY BE COMMINGLED WITH THE TNS CARGO PROVIDED BOTH THE BULK RICE CARGOES ARE OF THE SAME GRADE AND QUALITY, SUPPLIED BY THE SAME SUPPLIER AND LOADED AT THE SAME BERTH.  OTHERWISE, THE PFD CARGO MUST BE SEPARATED, AT OWNER’S TIME, RISK AND EXPENSE, FROM ANY OF THE OTHER COMBINATION CARGOES OFFERED, INCLUDING TNS CARGO (EVEN IF THEY ARE OF THE SAME GRADE AND QUALITY).

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 COMPLETION CARGOES SHALL BE SUBJECT TO APPROVAL OF TNS AND USDA .  ANY COMPLETION CARGOES, EVEN IF SAME GRADE AND QUALITY OF TNS CARGO MUST BE DULY SEPARATED BY OWNER, AT OWNER’S RISK TIME AND EXPENSE. SEPARATION TO BE BY VESSEL’S NATURAL SEGREGATION OR OTHERWISE BY KOBE-TYPE SEPARATION. SEPARATION, IF ANY, SHALL BE AT OWNER’S TIME, RISK AND EXPENSE. IF KOBE SEPARATION USED, OWNER MUST CONSTRUCT THE SEPARATION SO THAT FUMIGATION OF THE CARGO IS EFFECTIVE AND THE SEPARATION/ STOWAGE MUST BE APPROVED BY THE NATIONAL CARGO BUREAU (NCB), ALL AT OWNER’S TIME, RISK AND EXPENSE.

- EMPTY BAGS TO BE TRANSPORTED FREIGHT FREE ON THE SAME VESSEL AS CARGO CARRIED.

- EMPTY BAGS DELIVERY: SEE CLAUSE 17 BELOW FOR FULL DETAILS OF THE REQUIREMENT.

- CONTRACTED QUANTITIES WILL BE ON A MIN/MAX BASIS.

- OFFERORS ARE ENCOURAGED TO REVIEW OTHER TITLE II PL480 / USAID CARGOES IN THE MARKET

FOR POSSIBLE COMBINATION WITH THIS CARGO.

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

CONAKRY IS TO BE FIRST OUT DISCHARGE ON VESSEL/S SCHEDULE.

2. LAYDAYS: MAY 23 – JUNE 1, 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 AND TUG-BARGES ARE EXCLUDED. INTEGRATED TUG/BARGE UNITS WILL BE CONSIDERED.
NON-U.S. FLAG VESSELS MUST NOT BE OLDER THAN 15 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  TIME AND COSTS IF ANY ARE FOR OWNERS' (VESSEL'S) ACCOUNT.

6. DISCHARGING: 1-2 SAFE BERTH(S) CONAKRY, GUINEA

OWNERS ARE FULLY RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT WITH A PERMISSIBLE DRAFT  AND WITHIN ALL PORT RESTRICTIONS,  TERMS OF NOT ALWAYS AFLOAT BUT SAFELY AGROUND.  VESSEL OWNERS TO SATISFY THEMSELVES ABOUT THE PREVAILING RESTRICTIONS AND CHARTERERS ARE NOT RESPONSIBLE FOR ANY FAILURE THERETO.  FOR FURTHER PORT DETAILS, OWNERS ARE ENCOURAGED TO CONTACT RECEIVER’S AGENTS: TRANSMAR SA, PO BOX 3115, BLVD DU COMMERCE DE KALOUM, CONAKRY GUINEA, TEL: +224 30 43 05 41/ 42, FAX: +224 30 41 35 59, EMAIL: TRANSMAR@BIASY.NET

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


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.

NB: CHARTERER/RECEIVER MAY REQUIRE A PRESHIPMENT INSPECTION PER GUINEA IMPORT REGULATIONS. SAID PRESHIPMENT INSPECTION SHALL BE ARRANGED AND PAID FOR BY CHARTERER/ RECEIVER, OWNER TO PERMIT THE PRESHIPMENT INSPECTOR TO BOARD AND INSPECT VESSEL HOLDS AND WITNESS THE LOADING.

10. DISCHARGE TERMS:

THE CARGO IS TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE) AT THE AVERAGE RATE OFFERED BY THE BUYER OF 1200 MT (OF 2204.6  LBS.)  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 0800 HOURS. 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. VACUVATORS ARE NOT PERMITTED FOR RICE DISCHARGE. 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 (AS PER 6C ABOVE) 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 (AS PER ABOVE) 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 (ALLIANCE COMMODITIES, SA, GENEVA)  AND VESSEL OWNER.  PARTNERS FOR DEVELOPMENT WILL NOT BE RESPONSIBLE FOR SETTLING MATTERS OF LAYTIME CALCULATION OR SETTLEMENT OF DEMURRAGE/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.

11. VESSEL GEAR REQUIREMENTS:  VESSELS MUST BE CAPABLE OF DISCHARGE BY MEANS OF GRABS UTILIZING VESSEL GEAR. ALL DISCHARGE GEAR AND EQUIPMENT IS TO BE SUPPLIED BY OWNER AT OWNER’S EXPENSE. OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER/ FUEL TO OPERATE OWNER PROVIDED DISCHARGING GEAR. DISCHARGE GEAR MUST BE IN GOOD WORKING ORDER AND CAPABLE OF MAINTAINING THE GUARANTEED RATE OF DISCHARGE AS PER DISCHARGING CLAUSE ABOVE.  USE OF VACUVATORS IS PROHIBITED.

VESSEL GEAR PROVIDED BY OWNER MUST MEET ALL REQUIREMENTS OF THE RECEIVERS AND THE DISCHARGE PORT AUTHORITIES.

ANY TIME LOST AS A RESULT OF BREAKDOWN OF VESSEL’S GEAR TO BE EXCLUDED FROM LAYTIME USED.  OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL’S CREW FREE OF CHARGE TO CHARTERERS.  MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED.

12. OWNER'S TO APPOINT AND PAY FOR CHARTERERS' NOMINATED AGENT AT DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.  THE NOMINATED AGENT IS: TRANSMAR SA, PO BOX 3115, BLVD DU COMMERCE DE KALOUM, CONAKRY GUINEA, TEL: +224 30 43 05 41/ 42, FAX: +224 30 41 35 59, EMAIL: TRANSMAR@BIASY.NET

13. FOREIGN FLAG VESSELS MUST NOT BE OLDER THAN 15 YEARS AND MUST BE CLASSED HIGHEST IN LLOYD’S REGISTER OR ITS EQUIVALENT – DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN.  ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL’S AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION OR CLASSIFICATION WILL BE FOR OWNERS ACCOUNT, BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND LONDON RATES FOR NON-US FLAG VESSELS.  NVOCC’S MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR FOREIGN FLAG SHIPMENTS.   FOR U.S. FLAG VESSELS OVER 15 YEARS OF AGE AND ITB’S, OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE FROM NCB CERTIFYING THAT VESSEL’S HATCH COVERS AND ANY OTHER OPENINGS LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO SPACES.  COST OF SEALING AND SPECIAL SURVEY ARE FOR ACCOUNT OF OWNER AND IN NO WAY DIMINISHES OWNERS’ LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO.

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

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 FROM DATE OF FIXTURE 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.

17. EMPTY BAGS ARE TO BE DELIVERED TO OWNERS TO OWNERS OR THEIR APPOINTED AGENTS FREE ALONGSIDE (F.A.S.) POINT OF REST (UNDER COVER) AT OWNER'S DESIGNATED LOAD BERTH.  OWNERS ARE TO NOMINATE LOAD BERTH(S) FOR THE EMPTY BAGS WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIPT OF CHARTERERS' NOMINATION OF LOAD PORT(S) FOR THE CARGO.  OWNERS' DESIGNATED LOAD BERTH MUST PROVIDE A POINT OF REST WITH UNDER COVER PROTECTION FROM THE WEATHER FOR THE EMPTY BAGS.  OWNERS WILL BE RESPONSIBLE FOR ANY AND ALL COSTS ASSOCIATED WITH PLACING THE EMPTY BAGS ABOARD THE VESSEL FROM THEIR F.A.S. POINT OF REST (UNDER COVER).  EMPTY BAGS, AND IF PROVIDED NEEDLES AND TWINE, WILL BE TRANSPORTED ON VESSEL TO DESTINATION(S) FREIGHT FREE.

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 GLOBAL COMMUNITIES 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 PARTNERS FOR DEVELOPMENT BULK RICE PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).

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

ISSUED APRIL 26, 2016