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Return to Ocean Freight IFB's |
Award October 8, 2004
PERU FREIGHT TENDER DTD SEPT 9, 2004 - RESULTS
PL 480 TITLE I
IFB NO. PERU-FRT-FY2004-1
(2 FIXTURES)
M/V CYNTHIA FAGAN
US FLAG BULK CARRIER
OWNER: TECO OCEAN SHIPPING
CARGO: 28,769 MT BULK WHEAT MAX/ 5% LESS AT O/O (1 GRADE HRW)
LAYCAN: OCTOBER 15-25, 2004
L/P: 1/2 SB EACH 1 SP U.S. TEXAS GULF
DISCH: 1/2 SB EACH 1/4 SAFE PORT(S) PERU OUT OF CALLAO,
MATARANI, SALAVERRY, AND PAITA.
FREIGHT RATE: USD 62.45 PMT BASIS CALLAO; FOR ANY QUANTITY DISCHARGED
AT ANY OTHER PORT, ADD USD 6.00 PMT FOR THAT QUANTITY ONLY.
PLUS USD 2.00 PMT EXTRA ON ENTIRE CARGO FOR EACH ADDITIONAL DISCHARGE PORT USED
------------------------------------
M/V ANSAC HARMONY
PANAMA FLAG BULK CARRIER BARGE
OWNER: THE RICE COMPANY
CARGO: 8,593 MT MIN/MAX WHEAT IN BULK (1 GRADE HRW)
LAYCAN: OCTOBER 15-25, 200
L/P: 1/2 SB EACH 1 SP U.S. TEXAS GULF
DISCH: 1/2 SB EACH 1/4 SAFE PORT(S) PERU OUT OF CALLAO,
MATARANI, SALAVERRY, AND PAITA.
FREIGHT RATE: USD 40.00 PMT BASIS ONE LOAD PORT / ONE DISCHARGE PORT;
USD 5.00 PMT EXTRA ON ENTIRE CARGO FOR EACH ADDITIONAL DISCHARGE PORT USED.
Amendment September 14, 2004
Freight Tender Amendment: Intl Services Corp, PL480 Title I, Peru, Wheat
INTERNATIONAL SERVICES CORP., WASH., D.C., AS AGENT FOR THE GOVERNMENT OF PERU,
AMENDS FREIGHT IFB NO. PERU-FRT-FY2004-1:
PARAGRAPH C OF THE ISPS CLAUSE IS DELETED.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Amendment September 10, 2004
Freight Tender Amendment: Intl Services Corp, PL480 Title I, Peru, Wheat
INTERNATIONAL SERVICES CORP., WASH., D.C., AS AGENT FOR THE GOVERNMENT OF PERU,
AMENDS FREIGHT IFB NO. PERU-FRT-FY2004-1:
THE FOLLOWING CLAUSE IS AMENDED TO READ:
---------------------------------------------------------------------------
WITHOUT GUARANTEE FROM CHARTERER, CHARTERER'S INTENTION FOR CARGO DISTRIBUTION
BY DISCHARGE PORT IS AS FOLLOWS:
69 PCT CALLAO, 19 PCT MATARANI, 8 PCT SALAVERRY, AND 4 PCT PAITA.
---------------------------------------------------------------------------
THE ABOVE AMENDED CLAUSE REFLECTS A DECREASE OF 8 PCT FOR CALLAO AND AN INCREASE
OF 8 PCT FOR MATARANI FROM THE ORIGINAL ADVISED PERCENTAGES. THERE IS NO CHANGE
IN THE PERCENTAGES FOR SALAVERRY OR PAITA.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Freight Tender
September 10, 2004
PE-5005
Freight Tender: Intl Services Corp, PL480 Title I, Peru, Wheat
INTERNATIONAL SERVICES CORP., WASH., D.C., AS AGENT FOR THE GOVERNMENT OF
PERU, REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS TO TRANSPORT THE
FOLLOWING CARGO(ES) UNDER PL480 TITLE I REGULATIONS AND PURCHASE
AUTHORIZATION NO. PE-5005:
- IFB NO. PERU-FRT-FY2004-1
- DATE OF ISSUE: SEPTEMBER 9, 2004
- CARGO(ES):
APPROXIMATELY 35,000-45,000 MT WHEAT IN BULK (1 GRADE HRW)
- LAYCAN: OCTOBER 15-25, 2004
- QUANTITIES ARE TO BE QUOTED BASIS MAXIMUM 5 PCT LESS AT OWNER'S OPTION.
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.
- COST OF SEPARATIONS, IF ANY, FOR OWNER'S ACCOUNT.
- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED, MUST BE
COMPATIBLE AND NON-INJURIOUS TO PERU'S TITLE I WHEAT CARGO(ES), MUST BE
DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER
FIXTURE OF PERU'S TITLE I WHEAT CARGO(ES). 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 UNDULY IMPEDE DELIVERY OF
PERU'S CARGO(ES) TO DISCHARGE PORT(S). PER MONETIZATION AGREEMENT, THE
CARGO(ES) ARE TO ARRIVE AT DISCHARGE PORT(S) DURING NOVEMBER 2004 AND ANY
PART CARGOES WHICH WOULD PRECLUDE DELIVERY TO PERUVIAN PORTS AS PER ABOVE
REQUIREMENTS WILL NOT BE CONSIDERED.
- OFFERS RECEIVED WITH LAYDAYS BEYOND CANCELLING DATE WILL NOT BE
CONSIDERED.
- OFFERS OF NAMED VESSELS ONLY; NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT
CHARTERER'S/USDA'S APPROVAL.
- OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY 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 HER EMPLOYMENT UNDER THIS CHARTER PARTY. OWNERS ARE TO
PROVIDE CHARTERERS WITH SATISFACTORY EVIDENCE OF COMPLIANCE IF REQUIRED
TO DO SO 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.
- 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 / OWNERS 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 ELECONTRONICALLY. AS THE CARGO ADVERTISED
IN THIS IFB IS A GOVERNMENT IMPELLED (PREFERENCE) CARGO, OFFEROR MUST
WARRANT THAT VESSEL(S) AND OWNER / OPERATOR ARE NOT DISQUALIFIED TO CARRY
SUCH GOVERNMENT IMPELLED (PREFERENCE) CARGO(ES).
- THE FOLLOWING CLAUSE IS INCORPORATED INTO PERU'S PROFORMA CHARTER PARTY:
ISPS CLAUSE
(A) (I) FROM THE DATE OF COMING INTO FORCE OF THE INTERNATIONAL CODE FOR
THE SECURITY OF SHIPS AND OF PORT FACILITIES AND THE RELEVANT AMENDMENTS TO
CHAPTER XI OF SOLAS (ISPS CODE) IN RELATION TO THE VESSEL, THE OWNERS SHALL
PROCURE THAT BOTH THE VESSEL AND "THE COMPANY" (AS DEFINED BY THE ISPS
CODE) SHALL COMPLY WITH THE REQUIREMENTS OF THE ISPS CODE RELATING TO THE
VESSEL AND "THE COMPANY". UPON REQUEST THE OWNERS SHALL PROVIDE A COPY OF
THE RELEVANT INTERNATIONAL SHIP SECURITY CERTIFICATE (OR THE INTERIM
INTERNATIONAL SHIP SECURITY CERTIFICATE) TO THE CHARTERERS. THE OWNERS
SHALL PROVIDE THE CHARTERERS WITH THE FULL STYLE CONTACT DETAILS OF THE
COMPANY SECURITY OFFICER (CSO).
(II) EXCEPT AS OTHERWISE PROVIDED IN THIS CHARTER PARTY, LOSS, DAMAGE,
EXPENSE OR DELAY, EXCLUDING CONSEQUENTIAL LOSS, CAUSED BY FAILURE ON THE
PART OF THE OWNERS OR "THE COMPANY" TO COMPLY WITH THE REQUIREMENTS OF THE
ISPS CODE OR THIS CLAUSE SHALL BE FOR THE OWNERS' ACCOUNT.
(B) OWNER TO SPECIFY ANY INFORMATION REQUIRED FROM CHARTERERS IN ORDER TO
COMPLY WITH ISPS AT TIME VESSEL TENDERS PRE-ADVICE NOTICE FOR THIS CARGO.
THE CHARTERERS SHALL PROVIDE THE CSO AND THE SHIP SECURITY OFFICER
(SSO)/MASTER WITH THEIR FULL STYLE CONTACT DETAILS AND ANY OTHER
INFORMATION THE OWNERS REQUIRE TO COMPLY WITH THE ISPS CODE.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED IN THIS CHARTER
PARTY, ANY ADDITIONAL COSTS OR EXPENSES WHATSOEVER SOLELY ARISING OUT OF OR
RELATED TO SECURITY REGULATIONS OR MEASURES REQUIRED BY THE PORT FACILITY
OR ANY RELEVANT AUTHORITY IN ACCORDANCE WITH THE ISPS CODE INCLUDING, BUT
NOT LIMITED TO, SECURITY GUARDS, LAUNCH SERVICES, TUG ESCORTS, PORT
SECURITY FEES OR TAXES AND INSPECTIONS, SHALL BE FOR THE OWNERS' ACCOUNT.
ALL MEASURES REQUIRED BY THE OWNERS TO COMPLY WITH THE SHIP SECURITY PLAN
SHALL BE FOR THE OWNERS' ACCOUNT.
- OWNERS TO PROVIDE TEN (10) DAY PREADVICE OF VESSEL READINESS TO LOAD.
- IN ORDER TO PROVIDE TIMELY STATUS REPORTS TO RECEIVERS, CHARTERERS
REQUIRE THAT OWNER PROVIDE ACCURATE DAILY VESSEL POSITION / STATUS REPORTS
WITH VESSEL'S POSITION / ACTIVITY / AND RELEVANT ETAS AT LOAD AND DISCHARGE
PORT COMMENCING WHEN VESSEL PROVIDES ITS PREADVICE NOTICE OF VESSEL'S ETA
AT LOAD PORT AND CONTINUING THROUGH COMPLETION OF DISCHARGE IN PERU. THESE
DAILY NOTICES ARE TO BE PROVIDED TO INTERNATIONAL SERVICES CORP. BY EMAIL
mail@isc-pci.com OR FAX (202) 296-1160. THIS REQUIREMENT WILL BE
INCORPORATED INTO THE CHARTER PARTY.
- LOAD PORT(S): 1/2 SAFE BERTHS EACH 1/2 SAFE U.S. PORT(S) AND/OR CANADIAN
TRANSSHIPMENT POINTS. OFFERORS SHOULD SPECIFY U.S. COASTAL RANGE OR RANGES
OR LOAD PORT(S) WHICH ARE APPLICABLE TO THEIR OFFER.
- DISCHARGE PORT(S): 1/2 SAFE BERTH(S) EACH 1/4 SAFE PORT(S), PERU OUT
OF CALLAO, MATARANI, SALAVERRY, AND PAITA.
---------------------------------------------------------------------------
WITHOUT GUARANTEE FROM CHARTERER, CHARTERER'S INTENTION FOR CARGO
DISTRIBUTION BY DISCHARGE PORT IS AS FOLLOWS:
77 PCT CALLAO, 11 PCT MATARANI, 8 PCT SALAVERRY, AND 4 PCT PAITA.
---------------------------------------------------------------------------
- LOADING TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS WITH
CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW BASED ON
VESSEL'S CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2,204.6 POUNDS
PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS
EXCEPTED, EVEN IF USED. SATURDAYS PER BFC SATURDAY CLAUSE.
BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9,999.99 MT 4,000 MT PER DAY
10,000 - 19,999.99 MT 5,000 MT PER DAY
20,000 - 29,999.99 MT 6,000 MT PER DAY
30,000 - 39,999.99 MT 7,500 MT PER DAY
40,000 - 49,999.99 MT 10,000 MT PER DAY
50,000 MT AND ABOVE 12,000 MT PER DAY
TANKERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9,999.99 MT 4,000 MT PER DAY
10,000 - 19,999.99 MT 5,000 MT PER DAY
20,000 - 29,999.99 MT 6,000 MT PER DAY
30,000 MT AND ABOVE 7,500 MT PER DAY
TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
LASH BARGES: THE LOAD GUARANTEE SHALL NOT APPLY.
- DISCHARGING TERMS: THE CARGO IS TO BE DISCHARGED, FREE OF RISK AND
EXPENSE TO THE VESSEL, AT THE AVERAGE RATE(S) OF:
CALLAO 7,000 TONS IF BULK CARRIER AND 3,500 TONS
IF MULTIDECKER
SALAVERRY 3,500 TONS IF BULK CARRIER AND 1,750 TONS
IF MULTIDECKER (BASIS TWO WORKING HOLDS MINIMUM)
OR 2,000 TONS IF BULK CARRIER AND 1,000 TONS IF
MULTIDECKER (BASIS ONE WORKING HOLD).
MATARANI 3,000 TONS IF BULK CARRIER AND 1,500 TONS IF
MULTIDECKER
PAITA 3,000 TONS IF BULK CARRIER AND 1,500 TONS IF
MULTIDECKER (BASIS TWO WORKING HOLDS) AND
1,750 TONS IF BULK CARRIER AND 1,000 TONS IF
MULTIDECKER (BASIS ONE WORKING HOLD)
OF 2,204.6 POUNDS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS,
SUNDAYS AND HOLIDAYS INCLUDED ON THE BASIS OF THE BILL OF LADING QUANTITY.
HOWEVER, FOR THE PORTS OF SALAVERRY, MATARANI, AND PAITA, MINIMUM LAYTIME
ALLOWED AT EACH OF THESE PORTS IS ONE (1) WEATHER WORKING DAY OF 24
CONSECUTIVE HOURS SHINC. THE ABOVE DISCHARGE RATE IS PREDICATED UPON
RECEIVERS BEING GIVEN FREE ACCESS TO ALL HOLDS OF THE VESSEL IN WHICH CARGO
IS STOWED TO ALLOW SIMULTANEOUS DISCHARGE FROM ALL HOLDS. USED LAYTIME
SHALL BE PRO-RATED FOR ANY TIME IN WHICH A HOLD OR HOLDS ARE NOT AVAILABLE
TO RECEIVER FOR SIMULTANEOUS DISCHARGE. LASH/SEABEE BARGES: THE DISCHARGE
GUARANTEE SHALL NOT APPLY. RECEIVERS TO APPOINT AND PAY STEVEDORES AT
PORTS OF DISCHARGE.
- VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF SELF-DISCHARGE
DIRECTLY TO SHORE WITH VESSEL'S CRANES OR SHORESIDE CRANES SUPPLIED BY
OWNER, MINIMUM 20 MT SWL, AND/OR WITH OWNER SUPPLIED MARINE LEGS.
DISCHARGE BY VACUVATOR IS NOT PERMITTED. DISCHARGE GEAR MUST BE IN GOOD
WORKING CONDITION AND MUST BE PROVIDED IN SUFFICIENT NUMBER TO PERMIT
CHARTERER / RECEIVERS TO EFFECT DISCHARGE OF VESSEL AT THE GUARANTEED RATE
OF DISCHARGE AND TO PERMIT DISCHARGE FROM ALL HOLDS SIMULTANEOUSLY. OWNERS
TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER/FUEL TO OPERATE ALL
DISCHARGE GEAR. ANY TIME LOST AS RESULT OF BREAKDOWN OF VESSEL'S GEAR TO
BE EXCLUDED FROM LAYTIME USED AND PRO-RATED BASIS TOTAL NUMBER OF HOLDS IN
WHICH CARGO IS STOWED. 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.
- VESSEL RESTRICTIONS IN PERU:
PORT DEPTH LENGTH
CALLAO 33 FT NONE
MATARANI 30 FT 185 METERS
SALAVERRY 29 FT 200 METERS
PAITA 30 FT 200 METERS
OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT(S) MEETING
THESE VESSEL RESTRICTIONS. ANY LIGHTENING REQUIRED AS A RESULT OF VESSEL'S
FAILURE TO ARRIVE AT DISCHARGE PORT IN ACCORDANCE WITH THESE STATED VESSEL
RESTRICTIONS IS FOR OWNER'S TIME, RISK AND EXPENSE. LIGHTENING, IF
REQUIRED, TO BE ACCOMPLISHED IN THE TERRITORIAL WATERS OF PERU AND TO BE
CERTIFIED.
LIGHTENING MUST BE INTO DAUGHTER VESSEL(S) WHICH MUST BE BULK CARRIER(S)
MEETING PERUVIAN PORTS'S VESSEL RESTRICTIONS AND GEARED AS PER CHARTER
PARTY TERMS.
WHEN FULL OR PARTIAL LIGHTENING IS PERFORMED, THE FOLLOWING TERMS SHALL
APPLY WITH REGARDS TO LAYTIME:
EACH DAUGHTER VESSEL AND/OR MOTHER VESSEL, AFTER COMPLETION OF
LIGHTENING OPERATIONS APPLICABLE TO THAT VESSEL, MUST TENDER ITS NOTICE OF
READINESS TO DISCHARGE TO CHARTERERS/RECEIVERS OR THEIR AGENTS DURING
REGULAR BUSINESS HOURS (AT OR BEFORE 4 P.M. ON WEEKDAYS, MONDAY THROUGH
FRIDAY, OR AT OR BEFORE 12 NOON IF ON SATURDAY), AND LAYTIME SHALL COMMENCE
AT 0800 HOURS ON NEXT BUSINESS DAY AND PRIOR TIME IS NOT TO COUNT AS
LAYTIME USED. HOWEVER, LAYTIME SHALL NOT COUNT ON A DAUGHTER VESSEL OR
MOTHER VESSEL WAITING FOR DISCHARGE BERTH WHILE EITHER ANOTHER DAUGHTER
VESSEL OR THE MOTHER VESSEL IS OCCUPYING THE DISCHARGE BERTH. LAYTIME
SHALL RECOMMENCE ON THE VESSEL AWAITING DISCHARGE BERTH ONCE THE VESSEL AT
THE DISCHARGE BERTH HAS DEPARTED. ALLOWED LAYTIME SHALL BE CALCULATED ON
THE BILL OF LADING QUANTITY OF THE MOTHER VESSEL. LAYTIME USED SHALL BE
COMPUTED ON EACH DAUGHTER VESSEL AND MOTHER VESSEL, IF APPLICABLE.
LAYTIME USED ON ALL VESSELS DISCHARGED SHALL BE ADDED TOGETHER TO OBTAIN
TOTAL LAYTIME USED. TOTAL LAYTIME USED AT DISCHARGE PORT SHALL BE COMPARED
AGAINST TOTAL LAYTIME ALLOWED AT DISCHARGE PORT TO ARRIVE AT NET LAYTIME
SAVED OR LOST AT DISCHARGE PORT.
U.S. FLAG TANKERS WILL ONLY BE CONSIDERED BASIS FULL LIGHTENING OF CARGO
INTO DAUGHTER VESSEL(S) AT OWNER'S TIME, RISK AND EXPENSE. LIGHTENING
TERMS SPECIFIED ABOVE APPLY TO TANKERS. NON-U.S. FLAG TANKERS ARE NOT
ACCEPTABLE.
- DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS. OWNERS ARE
TO SPECIFY DEMURRAGE/DESPATCH RATES IN THEIR OFFER. DESPATCH RATES MUST BE
ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.
FOR NON-U.S. FLAG VESSELS, DEMURRAGE/DESPATCH RATES MAY NOT EXCEED USD
20,000/10,000 AT DISCHARGE PORT(S).
- 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 AUGUST 1, 1988)
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 CHARTERER OR
USDA/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 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.
- DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN
RECEIVER(S) AND VESSEL OWNER. VESSEL OWNER IS TO PREPARE AND SUBMIT SIGNED
DISCHARGE PORT LAYTIME STATEMENT TO RECEIVER(S) FOR APPROVAL 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 OR CHARTERER BE RESPONSIBLE
FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT
OF DEMURRAGE OR DESPATCH BETWEEN RECEIVER(S) AND THE VESSEL OWNER. ANY/ALL
DISPUTES BETWEEN RECEIVER(S) 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.
- 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
TWEENDECKERS AND BULK CARRIERS (INCLUDING PUSH-MODE ITB), THE RECIRCULATION
METHOD OF FUMIGATION WILL BE USED. FOR TANKERS AND TOWED BARGES, SURFACE
APPLICATION WILL BE USED.
TWEEN-DECK VESSELS WILL BE CONSIDERED PROVIDED THEY ARE ACCEPTABLE FOR
IN-TRANSIT FUMIGATION IN ACCORDANCE WITH 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 PROCEDURES. 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.
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 OWNER'S (VESSEL'S)
ACCOUNT, TIME NOT COUNTING.
--------------------------------------------------------------------------
- FOREIGN FLAG VESSELS 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. FOR U.S. FLAG VESSELS IN EXCESS
OF 15 YEARS OF AGE AND NON-U.S. FLAG VESSEL IN EXCESS OF 10 YEARS OF AGE,
ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL'S AGE SHALL BE FOR OWNER'S ACCOUNT
BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U.S. FLAG VESSELS AND NOT
EXCEEDING LONDON MARKET RATES FOR NON-U.S. FLAG VESSELS. ANY EXTRA
INSURANCE ON ACCOUNT OF VESSEL'S 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 VESSELS.
- VESSELS 15 YEARS AND OLDER, TOWED BARGES, AND PUSH-MODE ITB UNITS MUST
HAVE ALL OPENINGS TO CARGO SPACES AND HATCHES' COVERS TIGHTLY SEALED WITH
TAPE OR BY OTHER MEANS TO ASSURE WATER TIGHT INTEGRITY. 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 OWNER'S ACCOUNT. SPECIAL
SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNER'S LIABILITY AND
RESPONSIBILITIES TOWARD THE CARGO.
- ONE WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES FOR U.S.
FLAG NON-LINER VESSELS WHOSE DATE OF ORIGINAL CONSTRUCTION EXCEEDS 15 YEARS
FROM DATE AT FIXTURE.
- U.S. FLAG APPROVED RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE
MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT APPROVED
VESSEL IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S. GOVERNMENT
(INCLUDING TUG AND/OR BARGE).
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
MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER
ADDITIONAL CARGO.
- U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT
PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S COSTS PRIOR TO
SUBMISSION OF OFFER.
- THE GOVERNMENT OF PERU RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.
FURTHER, THE GOVERNMENT OF PERU RESERVES THE RIGHT TO NEGOTIATE NON-U.S.
FLAG VESSEL OFFERS.
- OFFERS TO BE RECEIVED BY 1100 HRS WASH., D.C. TIME SEPTEMBER 14, 2004 AT
THE OFFICE OF INTERNATIONAL SERVICES CORP., 1629 K STREET, N.W., SUITE 700,
WASH., D.C. BY SEALED HAND DELIVERED LETTER OR TELEFAX (202) 296-1160.
ONLY SEALED HAND DELIVERED OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING
TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED.
U.S. FLAG OFFERS WILL BE OPENED IN PUBLIC AT THAT PLACE AND TIME. ONLY
OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO
NEGOTIATION OF U.S. FLAG OFFERS IS PERMITTED. U.S. FLAG OFFERS "SUBJECT
OPEN" WILL ONLY BE CONSIDERED WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED
PRIOR TO 1700 HRS WASH., D.C. TIME ON THE DATE WHEN COMMODITY OFFERS ARE
RECEIVED (SEPTEMBER 16, 2004). NO OFFERS OF NON-U.S. FLAG VESSELS WITH
"SUBJECT OPEN" RESTRICTION WILL BE CONSIDERED.
- OFFERS TO REMAIN VALID UNTIL 1700 HRS WASH., D.C. TIME SEPTEMBER 17,
2004.
- OFFER ARE ENCOURAGES TO INCLUDE: VESSEL NAME/TYPE/FLAG/YEAR BLT/LOA/
BEAM/DWT/DRAFT/GEAR/ETA AT LOAD AND DISCHARGE PORT/FULL STYLE OF OWNER.
- FREIGHT RATES TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE
LOADING PORT TO ONE DISCHARGING PORT. ADDITIONAL FREIGHT PER METRIC TON ON
ENTIRE CARGO FOR EACH ADDITIONAL LOAD AND DISCHARGE PORT USED TO BE STATED
SEPARATELY.
PREMIUMS FOR ADDITIONAL LOAD OR DISCHARGE PORTS WILL BE CONSIDERED IN
DETERMINING LOWEST LANDED COST IN THOSE SITUATIONS WHEN COMMODITIES ARE
LIKELY TO BE LOADED OR DISCHARGED AT MORE THAN ONE PORT.
- IF OWNERS INTEND TO LIGHTEN, THE OFFER SHOULD SPECIFY THE COST OF
LIGHTENING, WHETHER PARTIAL OR FULL LIGHTENING. IF LIGHTENING IS NOT
PERFORMED AT THE DISCHARGE PORT AND VESSEL DIRECTLY DISCHARGES AT BERTH,
THE LIGHTENING COST WILL BE DEDUCTED FROM THE OCEAN FREIGHT.
- FREIGHT RATE QUOTATIONS ARE TO PROVIDE PER METRIC TON BREAKDOWN OF
RATE FOR: (A) OCEAN TRANSPORTATION; (B) COST OF LIGHTENING, IF APPLICABLE
TO OFFER.
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- CLAUSE 53 OF THE PROFORMA CHARTER PARTY IS AMENDED TO READ AS FOLLOWS:
PERFORMANCE BOND: SUCCESSFUL BIDDER WILL POST A PERFORMANCE BOND WITHIN
FIVE (5) WORKING DAYS OF AWARD IN THE FORM OF A CERTIFIED CHECK DRAWN ON A
U.S. BANK OR A CASHIERS CHECK ISSUED BY A U.S. BANK EQUIVALENT TO FIVE (5)
PERCENT OF OCEAN FREIGHT IN FAVOR OF THE EMBASSY OF PERU C/O INTERNATIONAL
SERVICES CORP., WASH., D.C. CHARTERERS WILL RELEASE SAID BOND UPON
VESSEL'S PRESENTATION FOR LOADING WITHIN THE CONTRACTED LAYDAYS. BOND WILL
BE LIQUIDATED IF VESSEL FAILS TO PRESENT WITHIN THE CONTRACTED LAYDAYS.
UNDER NO CIRCUMSTANCES IS THE PERFORMANCE BOND TO BE CONSIDERED AS THE
MAXIMUM LIABILITY OF LIQUIDATION OF DAMAGES INCURRED DUE TO NON-PERFORMANCE
OF THE SHIPOWNER.
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- COMMISSION: (A) FOR U.S. FLAG VESSEL OFFERS: 2.5 PCT ON FREIGHT /
DEADFREIGHT TO CHARTERER'S AGENT IF OFFERED DIRECT; IF BROKER INVOLVED,
2/3 OF 2.5 PCT TO CHARTERER'S AGENTS AND 1/3 OF 2.5 PCT TO BROKER. (B) FOR
NON-U.S. FLAG VESSEL OFFERS: 2.5 PCT ON FREIGHT / DEADFREIGHT TO
CHARTERER'S AGENT.
- ALL FIXTURES ARE SUBJECT APPROVAL BY USDA.
- O'WISE: GOVERNMENT OF PERU'S CHARTER PARTY PROFORMA (VESSEL LOAD/FREE
DISCHARGE) APPLICABLE TO TITLE I PL480 (SEPTEMBER 2002).
- COPIES OF THE GOVERNMENT OF PERU'S CHARTER PARTY PROFORMA ARE AVAILABLE
UPON REQUEST TO INTERNATIONAL SERVICES CORP.
- FOR FURTHER INFORMATION CALL INTERNATIONAL SERVICES CORP., WASH., DC
TELEPHONE 202-785-3400, FAX NO. 202-296-1160, EMAIL: mail@isc-pci.com,
HOME PAGE ADDRESS: http://www.isc-pci.com
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