Pakistan PK 5008
Owner: San Juan Navigation
Vessel: MV Shou Ning Hai
Cargo: Soybeans in Bulk
Quantity: 43,131 MT max less 5 percent owners option
Loading: 1 to 3 safe berths, 1 safe port - Mississippi River.
Laydays: October 10-20, 2002
Discharge: 1 to 2 safe berths Port Bin Qasim, Pakistan
Freight Rate: US $31.93 PMT basis one load port to one discharge port.
Dem/Desp: US $9,500/HD at Load Port
US $10,500/HD at Discharge Port
Panalpina, Inc., Project Division, Washington, DC
For and on Behalf of the Embassy of Pakistan, Washington, DC
Date: September 18, 2002
Freight tender: Pakistan PL 480 Title I Program FY 2002
Soybeans in Bulk
PA Number: PK 5008/2002/01
The Trading Corporation of Pakistan (TCP) through the Embassy of Pakistan in Washington, DC requests offers of geared or gearless U.S. and Non-U.S. flag vessels, (towed barges are excluded) for the carriage of approximately 42,000 MT of bulk soybeans to Pakistan under the PL 480 Title I Program as follows:
Approximately 42,000 MT October 10-20, 2002
Contracted quantity to be basis maximum less 5 percent Owners option. Offerors should consider offering vessels to carry a range of quantities in the event that the quantity purchased is more or less than the quantity stated in the tender. Offers to be as per stipulated laydays. Offers with laydays other than those stated above will not be considered.
1. Loading at 1 to 3 safe berths each 1 to 2 Safe U.S port(s). The greater New Orleans areas, including but not North of Baton Rouge, LA., the Columbia River District including Portland; San Francisco Bay area, including Sacramento and Stockton, to be considered respectively as one port.
2. Load Terms: Loading Terms: Vessel Load at 5,000 MT for bulk carriers and 3,000 MT for Tankers, Multideckers (including liners) per Weather Working Day of 24 consecutive hours, Saturdays, Sundays and Holidays excepted, even if used . No load rate guarantee for lash barges, but same to be loaded in regular turn without undue delay.
3. Owners to give charterers 10 days pre-advice of vessel's ETA at load port. Said pre-advice to be faxed to Panalpina, Inc., Project Division, Washington, DC, Fax: (202) 659-2830 and to be received by 1100 hrs on a working day to be considered as being received on that day. If pre-advice notice is received after 11.00 A.M. Wash DC time on a regular business day or on weekend or on a holiday, said pre-advice will be considered as received only on the next business day. Notice to include name of vessel, description and ETA Load port/range with declared tonnage to be loaded.
4. Laytime accounts are to be settled directly between Owners and Commodity Supplier(s) at load port(s) Laytime calculation, overtime, and trimming are 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, 2001), clauses nos. 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 the Charterer or CCC 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 the Vessel Owner 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. The applicable demurrage/despatch rates to be in accordance with the governing Charter Party.
5. Discharging at 1 to 2 safe berths, Port Bin Qasim, Pakistan. Restrictions are Max LOA 225 meters, Max Beam 32.30 meters, Max vessel arrival draft 10.5 meters (salt water). Owners are responsible for vessel arriving at discharge port meeting port's draft/LOA restrictions on vessels as per above. Any lightening required as a result of vessel's failure to arrive at discharge port in accordance with the stated port draft/LOA restrictions for vessels is for owners time, risk and expense. Lightening, if required, to be accomplished in the territorial waters of Pakistan and as per Clause 17.
6. Discharge Terms: Free out at the average rate of 3,000 MT for bulk carriers, and 2,000 MT for Tanker, Multideckers (including liners) per weather working day of 24 consecutive hours Saturday, Sundays and Holidays excepted even if used. No discharge rate guarantee for lash barges. Time from 1700 hours Fridays or day preceeding a holiday until 0800 hours on Mondays or next working day following a holiday is not to count as laytime, even if used.
7. Discharge port laytime accounts are to be settled directly between charterer and vessel owner. Vessel owner to prepare and submit signed discharge port laytime statement to Trading Corporation of Pakistan (Pvt.), Ltd, 4th Floor Finance and Trade Center, Sharea Faisal Karachi, Pakistan and to Panalpina, Inc., Project Division, Washington, DC, Fax: (202) 659-2830 within thirty (30) days of completion of discharge. Discharge port Notice of Readiness and discharge port Statement of Facts, both signed on behalf of charterer and vessel owner are to be presented with signed discharge port Laytime Statement.
8. Lay time is non-reversible
9. Owners are to specify demurrage/dispatch rates in their offer. Dispatch rates must be one half of demurrage rates quoted.
10. Owners to appoint and pay for their agents at the loading ports(s). Charterer to appoint a protective agent at the load port, owner paying the protective agent fee of US $1,500.00 per load port. Charterer nominates Pacific Maritime (Pvt) Ltd. at discharge port and owners to pay the customary agency fees provided those fees are competitive
11. The Owner guarantees that no dangerous or poisonous cargo will be shipped on the vessel and charterer's cargo will be safely segregated. Upon the vessel's sailing from the last U.S. port of loading, copies of the stowage plan and manifest will be faxed or sent by overnight courier to Charterers' agent, Panalpina, Inc., Project Division, Washington DC - Fax: (202) 659 2830.
12. Trans-shipment is not permitted.
13. Ship owners and or their agents to release original and non-negotiable bills of lading to charterer immediately upon completion of loading and without any undue delays.
14. On completion of Loading Master and or owner and or agent to send a Sailing Notice to charterer, Trading Corporation of Pakistan, Karachi, Fax numbers, 9221-920-2722 or 9221-920-2731 and Telex # 21084 TCP, with a copy to Panalpina Inc. Project Division, Washington DC, Fax number, (202) 659-2830. Said notice to state, vessel name, flag, quantity on board in Metric Tons, stowed in hold numbers, Bill of lading date and loaded draft of vessel ETA Karachi.
15. Master of vessel shall notify charterer/receivers by cable with 10 days notice of vessel ETA discharge port, followed by 7 days, 72 hours, 48 hours and 24 hours in advance of vessel arrival at discharge port. Any variations of 12 hours or more in the arrival time will require additional notification by cable.
16. Vessels over 20 years of age and ITB's 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.
17. Vessels must be fully geared with at least one set of derricks/cranes for each hatch or with facilities for discharge of the hatches simultaneously. Master to give free use of vessel's cranes and/or winches and power to drive the gear, runners, ropes and slings as on board. US Flag Tankers or other gearless vessels must provide and operate at owners' expense suitable discharging equipment, i.e. gear as specified above and/or vacuators (together with vacuators piping, fuel for vacuators and technical support) capable of discharge from all hatches simultaneously. Vessels must be of suitable size and loaded to a permissible draft of (10.5 meters) to allow berthing at Port Qasim. Time lost on account of breakdown of vessel's gear essential to the loading and discharging of cargo is not to count as laytime or time on demurrage. Dry cargo vessels to have a mechanical or hydraulic hatch covers, if not, owners are to provide rain tents for all the hatches. All opening and closing of hatches and tank openings to be carried out by vessel's crew free of charge to the charterers and time not count as laytime.
18. Lightening clause at port of Bin Qasim: In the event vessel has to lighten at the port of Bin Qasim whether full lightening or partial lightening, all lightening operations shall be at ship owner's time, risk and expense. For all lightening (full or partial) the lighterage vessels, must be geared ocean-going bulk carrier vessel with at least one operational gear for each hatch, classed highest in LLOYDS or equivalent, certified by a licensed surveyor that all cargo compartments are clean and entirely fit to receive and carry grain and that all winches/cranes are in good working order. Further for all lightening Shipowners to obtain Port Bin Qasim Trust permission for lighterage of vessel at outer anchorage beyond 12 miles limit. Shipowners to pay additional insurance premium, if any, for insurance of cargo to be transported by lighter vessel in case usual insurance coverage obtained by TCP does not cover risks involved in lighterage of vessel at outer anchorage. Laytime allowed, whether full or partial lightening, shall be based on the bill(s) of lading weight. In the event of partial lightening, vessel will not be considered ready until owners have arranged lightening and vessel has reached said draft. All time lost before vessel reaches said draft is not to count as laytime used. Laytime is not to commence prior to 0800 on the next working day following completion of lightening and presentation of valid notice of readiness. Discharge rate applied to mother vessel will be as per discharge rate applicable to type of vessel as per freight tender Cl. 6. In the event of full lightening laytime shall commence at 0800 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). Further, laytime is to be calculated as follows: the laytime used by each of the daughter vessel is to be added in order to arrive at a single figure of time lost or saved in relation to the total time allowed for discharging such lightening vessels. The time so lost or saved will then be divided by the number of lightening vessels used to arrive at net time lost or saved at discharge. Cost and time in sweeping and cleaning of the cargo from the stiffeners and from the cavities of the mother vessel will be the responsibility of ship owners. Discharge rate applied for lighterage vessels will be the discharge rate applicable to a bulk carrier vessel per Cl. 6.
19. Fumigation: In transit Fumigation: Vessels 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 in accordance with the USDA, FGIS Fumigation Handbook. Fumigation must be witnessed by FGIS, USDA, and the aluminum phosphide preparation must be contained in packaging as described in the Fumigation Handbook. Dust retainers must be used. For tween-deckers and bulk carriers (including push mod ITB's), the re-circulation method of fumigation will be used. For Tankers and Tug/Barge units other than push mode ITBs, surface application will be used. Tween-deck vessels will be considered provided they are acceptable for in-transit fumigation in accordance with USDA FGIS Fumigation Handbook. Offers of such tween-deck vessels must be accompanied by a copy of a letter from FGIS, USDA stating that the vessel can be fumigated under the FGIS in-transit fumigation procedure. In addition tween deck vessels are acceptable only when a certified applicator states that vessel has been inspected and found to be suitable for fumigation and such written statement from the certified applicator must be submitted with the offer.
20. At discharge port, and up on inspection by Government's inspectors, if cargo and/or vessel is found to be infested and provided clean bills of lading were issued, fumigation cost, if any, are for owners account. Time used to fumigate will count as laytime. Any time lost in owner arranging fumigation will not count as laytime or time on demurrage.
21. Freight rate will to be quoted per MT basis 1 load port to 1 discharge port. Additional freight per MT on entire cargo for each additional load port used to be stated separately. If owners intend to lighten, offer should specify cost of lightening whether partial or full lightening. If lightening not performed at the discharge port and vessel directly discharges at berth this lightening cost will be deducted from the ocean freight.
22. One-way rate must be quoted in addition to round trip rates for U.S. non-liner vessels whose date of original construction exceed 15 years from date of fixture.
23. U.S. flag non-liner vessel over 15 years old must offer an alternative 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.
24. Extra Insurance: 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. Non-U.S. flag vessels should not be older than 20 years and must be classed highest in Lloyds Register or equivalent. Date of original construction, non rebuilt date, to govern. Additional premiums for vessel aged 11 to 20 years to be at owner's account at prevailing rates in the London Market or as charged to TCP by the National Insurance Corporation of Pakistan prevailing rate of Lloyds Underwriter's Association of London. Such premium to be paid by ship owner to TCP against TCP invoice with supporting statement from their Insurance Company.
25. Freight Payment: For US Flag Payment of (one hundred) 100 % of ocean freight shall be made in accordance with terms of the charter party upon satisfactory notice of vessel's arrival at the first or sole discharge port as stated in the Charter Party. USDA/CCC will pay the US flag owner the Ocean Freight Differential directly. Charterer will open an irrevocable letter of credit to US flag owner's favor, confirmed by a prime U S bank. Payment against said letter of credit will be made upon owner submitting the required documents. For NON US flag, charterer will issue an irrevocable letter of credit in favor of the ship owner, confirmed by a prime US bank. Payment of 95 percent of the ocean freight earned shall be payable on vessel's arrival at the discharge port and against submission of documents as required by the letter of credit. Balance 5 pct of the ocean freight shall be payable upon settlement of demurrage/despatch at discharge port. Any despatch earned shall be deductible from the balance freight. In case of any extra insurance premium due charterer shall also be deducted from the balance ocean freight.
26. U.S. flag offers will not be considered if vessel operator has not provided MARAD with the vessel costs prior to submission of offer.
27. U.S. flag vessels approved rate(s) will be reduced to no higher than MARAD fair and reasonable rate in the event that approved vessel is substituted by a lower cost vessel (including tug and/or barge). For vessel loading less than a full cargo, the less cargo than full cargo freight rate will be subject to a reduction to meet revised MARAD freight rate guideline due to vessel loading other additional cargo.
28. U.S. flag vessels which require prior approval from MARAD to participate in preference cargoes because of operating differential subsidy (ODS), contractual restraints, or because of re-flagging/foreign constructions issues, must obtain such MARAD approval prior to submission of bids.
29. For U.S. flag vessels loading less than a full cargo, the less than full cargo freight rate will be subject to a reduction to meet any revised MARAD freight rate guideline due to vessel loading other additional cargo.
30. Non-vessel operating common carriers (NVOCC) may not be employed to carry U.S. or foreign flag shipments.
31. ISM Clause: Owners to guarantee that performing vessel fully complies with the International Safety Management (ISM) Code, if required, and is in possession of a valid Document of Compliance and Safety Management Certificate and will remain so for the entirety of the vessel's employment under this Charter Party. Owners are to provide Charterers with satisfactory evidence of compliance if so required and to remain fully responsible for any and all consequences resulting directly or indirectly from any matters arising in connection with this vessel and the ISM code.
32. Section 408 of the Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. paragraph 2302(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 prohibited from the carriage of government impelled (preference) cargo(es) for up to one year after such substandard determination has been published electronically. As the cargoes advertised in this IFB are government impelled (preference) cargoes, offeror must warrant that vessel(s) and owner/ operator are not disqualified to carry such government impelled (preference) cargo(es).
33. In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions government commercial shipments and provisions of the Carriage of Goods by Sea Act of 1936 shall not apply as to the period within which notice thereof shall be given the carriers or to period within which claim therefore shall be made or suit instituted.
34. Offers must be submitted basis current Proforma Charter Party adapted by the Trading Corporation of Pakistan September 2002, and this IFB. Copy of the Proforma C/P is available upon request to Panalpina, Inc. Offers of named vessels only will be considered. Owners will not have the right to substitute without charterer's and USDA approval.
35. Offerors are encouraged to provide usual information such as, name of owners/operators, flag, year build, type, LOA, beam, fully loaded draft, gear, speed and No. of holds/hatches.
36. Offers to be accompanied by bid bond in the form of a Certified Bank Draft or Cashier's check in the amount of US $10,000.00 for each vessel in favor of the Embassy of Pakistan (Food Division), Washington DC. Bid bonds of unsuccessful bidders will be returned to them soon after expiration of offers. Successful bidders bid bond will be retained until receipt of performance bond.
37. Successful bidder will post a performance bond within five (5) working days in the form of an irrevocable L/C equivalent to five (5) pct. of the ocean freight in favor of the Embassy of Pakistan c/o Panalpina, Inc., Project Division by a first-class U.S. bank. Said L/C to be valid for 30 days beyond the canceling date of the relevant charter party. However, Embassy of Pakistan will release the said bond upon vessel's presentation for loading within the contracted laydays. The L/C is to be collectible by draft at sight accompanied by a statement from the Embassy of Pakistan, Washington DC that ship owner did not perform in accordance to the C/P. Under no circumstances is the performance bond to be considered as the maximum liability or liquidation of damages incurred due to non-performance by the ship owner.
38. Submission of Offers: Offers should be submitted in writing in a sealed envelope or by Fax and addressed to: Embassy of Pakistan, C/O Panalpina Inc., Project Division, 1100 Connecticut Avenue, NW - Suite 520, Washington, DC 20036, Fax: (202) 659-2825.
39. Offers are due by 1100 hours Washington, D.C. time on September 20, 2002, and must remain valid through 1700 hours on September 26, 2002, Washington, D.C. time. Fax offers, which starts printing by 1100 hours on September 20, 2002, and continues printing past that time until completion, will be considered as being received on time. Late offers will not be accepted. No phone offers will be accepted.
40. All offers will be opened and read in public at the time and place of the tender. Only offers that are responsive to this tender will be considered. No negotiation will be permitted in accordance with PL 480 Title I. U.S. flag offers subject "open" will be considered if subject "open" restriction is lifted prior to 1100 hours, Washington, DC time on September 23, 2002.
41. Charterers reserve the right to accept or reject any or all offers.
42. All offers and subsequent awards are subject to the U.S. PL 480 Title I Program regulations. All fixtures are subject to USDA approval.
43. Commission: If owner offers directly to charterer, a commission of 2.5% on freight, deadfreight and demurrage is a payable to Panalpina, Inc., Project Division, Washington DC. If owner offer through a broker, then 2/3rd of 2.5% on freight, deadfreight, and demurrage shall be payable to Panalpina, Inc., Project Division, Washington, DC and balance of 1/3rd of 2.5 % shall be payable to the said owners broker.
For additional information or proforma Charter Party, please contact the offices of Panalpina, Inc., 1100 Connecticut Avenue, N.W., Suite 520, Washington, D.C. Telephone: (202) 659-2825. Fax: (202) 659-2830.