11-027B Kenya Award - CORRECTION

January 18, 2012

AWARD NOTICE  CORRECTION

RE:         BKA LOGISTICS LLC FREIGHT TENDER FOR TECHNOSERVE , FFP

                11,000 MT BULK WHEAT TO KENYA  NO. 11-027B

                WBSCM COMMODITY INV 2000000249

                WBSCM FREIGHT INV. 2000000750

BKA LOGISTICS LLC ON BEHALF OF  TECHNOSERVE, CHARTERER,  PLEASED TO ANNOUNCE THE FOLLOWING FREIGHT AWARD CORRECTION AGAINST THE ABOVE REFERRED FREIGHT TENDER.

VESSEL:  M/V ADVANTAGE

VESSEL FLAG : USA                         BUILT 1977.   

OCEAN FREIGHT RATE: USD 188.00 PMT MT PLUS US$69,780.85 LUMPSUM FOR LOAD PORT  AND US$55,000 LUMPSUM FOR DISCHARGE PORT .ATE IS BASIS ONE LOAD BERTH ONE LOAD PORT TO ONE DISCHARGE BERTH ONE DISCHARGE PORT.

OTHERWISE AS PER TERMS AND CONDITIONS OF AWARD AND FREIGHT TENDER NO. 11-027B DATED DECEMBER 27, 2011, AND THE CHARTERER TECHNOSERVE CHARTER PARTY PROFORMA.

END.

11-027B Kenya Award

January 12, 2012

AWARD NOTICE

RE:         BKA LOGISTICS LLC FREIGHT TENDER FOR TECHNOSERVE , FFP

                11,000 MT BULK WHEAT TO KENYA  NO. 11-027B

                WBSCM COMMODITY INV 2000000249

                WBSCM FREIGHT INV. 2000000750

BKA LOGISTICS LLC ON BEHALF OF  TECHNOSERVE, CHARTERER,  PLEASED TO ANNOUNCE THE FOLLOWING FREIGHT AWARD AGAINSTE THE ABOVE REFERRED FREIGHT TENDER.

OWNERS:  SEALIFT INC. OF DELAWARE

VESSEL:  M/V ADVANTAGE

VESSEL FLAG : USA                         BUILT 1977.   

DESCRIBED AS : MULTI PURPOSE VESSEL ; ABT. 27,750 MT DWT ON 11.5 M. SSW

CARGO:  PART CARGO OF 11,000 MT MIN/MAX WHEAT IN BULK .  VESSEL WILL ALSO LIFT OTHER PART CARGO UNDER SEPARATE CHARTER PARTY OF BULK WHEAT FOR DAR ES SALAAM DISCHARGE PORT. TECHNOSERVE CARGO IS TO BE LAST IN FIRST OUT..

ANY PART CARGO(ES) ARE SUBJECT TO CHARTERER'S APPROVAL AND USDA A[PPROVAL.

LAYCAN:  JANUARY 16-26, 2012

LOAD PORT:  1/2 SB EACH 1/2  SP U.S. GULF .

DISCHARGE PORT(S): ONE OR TWO SAFE BERTHS MOMBASA , KENYA AT CHARTERER’S OPTION.

LOADING TERMS:  AS PER FREIGHT TENDER 11-027B.

DISCHARGING TERMS:  FREE OUT AT THE AVERAGE RATE OF 1,500 MT OF 2204.6 LBS.  PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED. (WWDSSHEX EIU)  ON THE BASIS OF BILL OF LADING QUANTITY. TIME FROM 1700 HRS. LT FROM FRIDAY (OR ON A DAY PRECEDING A HOLIDAY) THROUGH 0800 HRS LT MONDAY (OR A DAY AFTER A HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. .  

OCEAN FREIGHT RATE: USD 188.00 PMT FOR A COMBINED QUANTITY OF 21,120 MT PLUS ADDITIONALS OF US$110,000 LUMPSUM FOR BASIS ONE(1) LOAD BERTH, ONE(1) LOAD PORT  AND US$55,000 LUMPSUM PER DISCHARGE PORT  ONE (1) DISCHARGE BERTH, TWO  (2) DISCHARGE PORT..

DEMURRAGE/ DESPATCH AT LOAD PORT USD 20,000 / HALF DESPATCH PDPR

DEMURRAGE/ DESPATCH AT DISCHARGE PORT USD 15,000 / HALF DESPATCH PDPR

IN-TRANSIT FUMIGATION BY RECIRCULATION METHOD.  SEE PROFORMA C/P CLAUSE 52 FOR FULL DETAILS. 

OTHERWISE AS PER TERMS AND CONDITIONS OF FREIGHT TENDER NO. 11-027B DATED DECEMBER 27, 2011, AND THE CHARTERER TECHNOSERVE CHARTER PARTY PROFORMA.

END.

11-027B Kenya

December 27, 2012

Freight Tender: BKA Logistics, Wheat, TNS Kenya

IFB NO. TNS-KENYA-FFP-11-027B

BKA LOGISTICS LLC., FOR AND ON BEHALF OF TECHNOSERVE (TNS), REQUESTS FIRM OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF WHEAT IN BULK, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

BKA REF F11-0309

TENDER DATE: DECEMBER 27, 2011

IFB NO: TNS-KENYA-FFP – 11-027B

FREIGHT INVITATION NO. 2000000750

COMMODITY INVITATION NO. 2000000749

FREIGHT OFFERS ARE DUE NO LATER THAN 1000 HRS CDT (1100 HRS EDT) ON JANUARY 03, 2012.

FREIGHT OFFERS ARE TO REMAIN VALID UNTIL 1700 HOURS EDT ON JANUARY 05, 2012.

ONLY FIRM OFFERS ARE TO BE SUBMITTED.

FREIGHT OFFERS TO BE SUBMITTED BY  FAX  TO PACIFIC CARGEOS INC.,

(AS AGENTS FOR BKA LOGISTICS LLC) 1629 K STREET NW SUITE 502, WASHINGTON DC 20006 , FAX 202 296 1160,  PRIOR TO TENDER CLOSING TIME. OFFERS RECEIVED AFTER THE CLOSING DATE AND TIME WILL NOT BE CONSIDERED   NO PHONE OFFERS WILL BE ACCEPTED.

IN ADDITION TO DETERMINE LOWEST LANDED COST, ALL CARRIERS ARE REQUIRED TO SUBMIT OFFERS ELECTRONICALLY, BY THE DUE DATE AND TIME, FOR THE CARGOES ADVERTISED BY THIS RFP VIA THE U.S. DEPARTMENT OF AGRICULTURE (USDA) WEB BASED SUPPLY CHAIN MANAGEMENT (WBSCM) SYSTEM FOR THE SOLICITATION NUMBER(S) REFERENCED ABOVE. ALL OFFERS ARE SUBJECT TO ALL REQUIREMENTS OF WBSCM AND OF THE AFORE-MENTIONED SOLICITATION(S), INCLUDING THE DEADLINE(S) FOR SUBMISSION OF BIDS THEREIN.

THE WEB BASED SUPPLY CHAIN MANAGEMENT SYSTEM CAN BE ACCESSED THROUGH THE FOLLOWING WEBSITE:

HTTP://WWW.USDA.GOV/WPS/PORTAL/USDA/USDAHOME?NAVID=WBSCM

CARRIERS MUST BE ASSIGNED A USDA EAUTHENTICATION 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

FREIGHT PAYMENT: Freight payment shall be processed through the WBSCM system and paid by USDA. Instructions for the freight payment procedures through WBSCM are available from:

BKA Logistics LLC – email: Mark.Millard@bkalogistics.net.

Pacific Cargoes Inc. – email; mail@isc-pci.com – Att: Ravi Singh.

1) CARGO:   

UP TO 11,000 MT HARD RED WINTER WHEAT IN BULK (HRW) .

CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.

IF OFFER IS BASIS PART CARGO THAN TNS CARGO SHALL BE LAST IN/ FIRST OUT. ANY COMPLETION CARGOES SHALL BE SUBJECT TO APPROVAL OF TNS AND USDA (SEE CLAUSE 19 BELOW FOR FURTHER DETAILS ON COMPLETION CARGOES).  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 PLYWOOD SEPERATION.

NB: THIS TNS CARGO CANNOT BE COMBINED WITH TITLE II CARGO FOR ETHIOPIA AND TITLE II CARGO FOR AFGHANISTAN.

2) LAYCAN: JANUARY 16-26, 2012. OWNERS TO PROVIDE TEN (10) DAYS PREADVISE NOTICE OF VESSEL ETA LOAD PORT. DUE TO OVERALL CONTRACTUAL OBLIGATIONS, CHARTERER REQUIRES THAT ON BOARD THE BILL OF LADING SHALL NOT BE DATED ANY LATER THAN FEBRUARY 14, 2012.

3) LOADING:1/3 SAFE BERTHS EACH 1/3 SAFE PORT(S) ANY U.S. RANGE.  MISSISSIPPI RIVER, INCLUDING BUT NOT NORTH OF PORT ALLEN TO BE CONSIDERED AS ONE PORT; COLUMBIA RIVER DISTRICT INCLUDING PORTLAND TO BE CONSIDERED AS ONE PORT; SAN FRANCISCO BAY AREA INCLUDING SACRAMENTO AND STOCKTON TO BE CONSIDERED AS ONE PORT).  FOR OFFERS BASIS U.S. GREAT LAKES UTILIZING FEEDER VESSELS, OFFER TO INCLUDE NAME AND DETAILS OF FEEDER VESSELS.

4) DISCHARGE PORT: 1 / 2 SAFE BERTHS MOMBASA, KENYA.

5) LOAD TERMS:     CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS PROVIDED BELOW BASED ON VESSELS CONTRACTED QUANTITY.  THE RATES ARE BASIS TONS OF 2204.6 POUNDS PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED.  SATURDAYS AS PER THE BFC SATURDAY CLAUSE.

BULK CARRIERS:

VESSEL CONTRACTED QTY                    LOADING GUARANTEE

---------------------                                              --------------------

0 – 9,999.99 MT                                              4,000 MT PER DAY

10,000.00 – 19,999.99 MT                             5,000 MT PER DAY

20,000.00 – 29,999.99 MT                             6,000 MT PER DAY

30,000.00 – 39,999.99 MT                             7,500 MT PER DAY

40,000.00 – 49,999.99 MT                             10,000 MT PER DAY

50,000.00 MT AND ABOVE                                    12,000 MT PER DAY

TANKERS:

VESSEL CONTRACTED QTY                    LOADING GUARANTEE

-----------------------                                           -----------------------

0 – 9,999.99 MT                                              4,000 MT PER DAY

10,000.00 – 19,999.99 MT                             5,000 MT PER DAY

20,000.00 – 29,999.99 MT                              6,000 MT PER DAY

30,000.00 MT AND ABOVE                                    7,500 MT PER DAY

TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.

6) DISCHARING TERMS:  CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE RATE OF 2,000 TONS OF 2204.6 POUNDS FOR SINGLE DECK BULK CARRIERS , 1,500 TONS OF 2204.6 POUNDS FOR TWEENDECKERS/MULTI-DECKERS AND 1,000 TONS OF 2204.6 POUNDS FOR TANKERS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED WWDSSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY.  TIME FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY PRECEDING HOLIDAY) THROUGH 0800 HRS LOCAL TIME MONDAY (OR NEXT WORKING DAY FOLLOWING HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. NOTIFICATION OF OF VESSEL’S READINESS TO DISCHARGE MUST BE PROVIDED TO THE BUYER/RECEIVER OR ITS AGENT WITHIN THE PERIOD OF 0900 HOURS TO 1700 HOURS , MONDAY THROUGH FRIDAY (EXCEPT HOLIDAYS) AND WITHIN THE PERIOD OF 0900 HOURS TO 12000 HOURS ON SATURDAYS. LAYTIME TO COMMENCE AT 0800 HOURS ON THE NEXT BUSINESS DAY, WHETHER IN BERTH OR NOT, BUT ANY PRIOR TIME USED NOT TO COUNT.

DISCHARGE GUARANTEE SHALL NOT APPLY ON LASH/SEABEE BARGES.

7) AT LOAD PORT OWNER TO APPOINT AND PAY FOR STEVEDORES . AT DISCHARGE PORT CHARTERER /RECEIVERS TO APPOINT AND PAY FOR STEVEDORES.

8) AT LOAD PORT OWNER TO APPOINT AND PAY FOR VESSEL’S AGENT. CHARTERER/RECEIVER SHALL NOMINATE THE VESSEL’S AGENT AT THE DISCHARGE PORTS, WHOM OWNER WILL APPOINT AND PAY.

9) DEMURRAGE / DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS.  OWNERS ARE TO SPECIFY THEIR DEM/DES RATES IN THEIR OFFER, DESPATCH RATES MUST BE ONE-HALF OF DEMURRAGE RATES AS QUOTED.

10) LAYTIME IS NON-REVERSIBLE. 

11) AT LOAD PORT (S) LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY SUPPLIER(S). LAYTIME CALCULATION, OVERTIME AND TRIMMING TO BE IN ACCORDANCE WITH ADDENDUM NO 1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION’S FOB CONTRACT NO 2 (REVISED AS OF MAY 1, 2000) CLAUSE NOS 1-10 INCLUSIVE (HEREINAFTER REFERRED TO AS NAEGA) REGARDLESS OF VESSEL TYPE.  FURTHER, THE FOLLOWING MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD “BUYER” APPEARS, THE WORDS “VESSEL OWNER” IS TO BE SUBSTITUTED.  UNDER NO CIRCUMSTANCE SHALL CHARTERERS OR USDA/CCC BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME OR THE PAYMENT OF  DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNER AND COMMODITY SUPPLIER.  ANY/ALL DISPUTES BETWEEN VESSEL OWNER AND SUPPLIER ARISING OUT OF THE CONTRACT RELATING TO THE SETTLEMENT OF LAYTIME ISSUES SHALL BE ARBITRATED IN NEW YORK IN ACCORDANCE WITH THE INT’L ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

12) AT DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY BETWEEN RECEIVER AND VESSEL OWNER. NEITHER CHARTERER (TECHNOSERVE) NOR USDA SHALL BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN RECEIVER AND VESSEL OWNERS. ANY/ALL DISPUTES BETWEEN RECEIVER 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.

13) VESSEL TYPE RESTRICTIONS: TOWED BARGES WILL NOT BE CONSIDERED.   TANKERS (US FLAG ONLY) WILL BE CONSIDERED BASIS DISCHARGING DIRECTLY AT RECEIVER’S BERTH(S) AT  THE DISCHARGE PORT, PROVIDED THE PERFORMING VESSEL MEETS THE VESSEL PORT RESTRICTIONS ON LOA, BEAM, AND ARRIVAL DRAFT. OTHERWISE THE LIGHTENING CLAUSE OF THIS TENDER TAKES EFFECT.

14) FOREIGN FLAG VESSELS MUST 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 ACOUNT 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 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 OWNERAND IN NO WAY DIMINISHES OWNERS LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO.

SPECIAL NOTE 1: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.

OWNER’S 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 OWNERAND IN NO WAY DIMINISHES OWNER’S LIABILITY AND RESPONSIBILITIES TOWARDS THE CARGO.

15) VESSEL GEAR REQUIREMENTS:  VESSELS MUST BE CAPABLE OF DISCHARGE BY MEANS OF GRABS AND/OR VACUVATORS UTILIZING VESSEL OR OWNER SUPPLIED SHORESIDE GEAR. VESSEL(S) TO POSSESS EITHER CRANE(S) OR DERRICK(S) WITH MINIMUM 5 MT SWL TO UPHOLD VACUVATOR(S) AND PIPING DURING DISCHARGE OPERATIONS. 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.  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.

16) OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT  WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT.  IF VESSELS DRAFT EXCEEDS SUCH DRAFT, OWNERS TO BE FULLY RESPONSIBLE FOR ANY AND ALL COSTS INCURRED IN REACHING SAFE DRAFT.  LIGHTENING, IF ANY, TO BE PERFORMED IN THE TERRITORIAL WATERS OF KENYA. LIGHTENING VESSEL UTILIZED MUST BE SINGLE DECK BULK CARRIERS. IF THE CARGO IS LIGHTENED USING VACUVATORS FROM MOTHER VESSEL TO DAUGHTER VESSELS, VACUVATORS CANNOT BE USED AGAIN TO DISCHARGE THE DAUGHTER VESSEL(S)

17) VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT, IN ACCORDANCE WITH USDA/FGIS HANDBOOK AND PROGRAM NOTICE FGIS-PN-05-02 DATED JAN 7 2005, 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 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. TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND TO BE SUITABLE FOR IN-TRANSIT FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.

18) OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES TO ACCOMMODATE PROGRAM NEEDS. 

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

20)OFFERS SUBMITTED UNDER THIS INVITATION ARE REQUIRED TO HAVE A CANCELLING DATE NO LATER THAN THE LAST CONTRACT LAYDAY AS ABOVE.  VESSELS WHICH ARE OFFERED WITH A CANCELLING DATE BEYOND THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED.

21) OFFERS OF NAMED VESSELS ONLY.  NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT TNS/USDA APPROVAL.

22) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND PORT FACILITIES SECURITY CODE (ISPS). UPON REQUEST, OWNERS TO PROVIDE CHARTERERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARAD TO THE ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD TO THE ISPS CODE. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE OWNER OR VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

23) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND (ISPS) CODE.  FULL CLAUSE PROVIDED IN PROFORMA CHARTER PARTY.

24) SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 USC, PARAGRAPH 2302(E)), ESTABLISHES EFFECTIVE JANUARY 1, 1999, WITH RESPECT TO NON-US 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 ELECTRONICALLY. AS THE CARGO ADVERTISED IN THIS IFB IS GOVERNMENT IMPELLED (PREFERENCE) CARGO, OFFEROR MUST WARRANT THAT VESSEL(S) AND OPERATOR/OWNER ARE NOT DISQUALIFIED TO CARRY SUCH CARGO(ES).

25) OWNERS TO PROVIDE FOURTEEN (14) DAY PREADVICE OF VESSEL READINESS TO LOAD.  PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF BKA LOGISTICS LLC AND PACIFIC CARGOES INC., PRIOR TO 1100 HRS WASHINGTON DC TIME ON REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON THAT DAY.  IF PREADVICE IS RECEIVED LATER THAN 1100 HRS WASHINGTON DC TIME ON REGULAR BUSINESS DAY –OR- ON WEEKENDS / HOLIDAYS THEN PREADVICE NOTICE WILL BE CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY.  IN ADDITION TO SENDING PREADVICE NOTICE TO BKA AND PACIFIC CARGOES INC, AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE TO USDA / KCCO BULK COMMODITIES DIVISION, FAX NO 816-823-2586.

26) 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 OF FIXTURE.

27) APPROVED U.S. FLAG RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE MARITIME ADMINISTRATIONS 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 RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY REVISED MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.

 28) U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSELS COSTS PRIOR TO SUBMISSION OF OFFER.

 29) OFFERORS ENCOURAGED TO PROVIDE THE FOLLOWING INFORMATION: VESSEL NAME / TYPE / FLAG / YEAR BUILT / LOA / BEAM / DWT / DRAFT / GEAR (IF ANY) / ETA AT LOAD AND DISCHARGE PORTS / FULL STYLE OF OWNERS.

 30) FREIGHT RATES ARE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE LOADING BERTH, ONE LOADING PORT TO ONE DISCHARGING BERTH EACH, ONE DISCHARGING PORT, PLUS ADDITIONAL FREIGHT (IF ANY) PER METRIC TON ON ENTIRE CARGO FOR EACH ADDITIONAL LOAD BERTH, LOAD PORT IF USED AND PER METRIC TON FOR EACH ADDITIONAL DISCHARGE BERTH, IF USED. 

31) IF OWNERS INTEND TO LIGHTEN, OFFER TO SPECIFY THE COST OF LIGHTENING, AND WHETHER ACTION IS FULL OR PARTIAL LIGHTENING.  IF LIGHTENING IS NOT PERFORMED AT THE DISCHARGE PORT AND THE VESSEL DISCHARGES AT BERTH THEN THE COST OF LIGHTENING WILL BE DEDUCTED FROM THE OCEAN FREIGHT.

32) TNS RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.

33) COMMISSION: 2.50 PERCENT ON FREIGHT / DEADFREIGHT IS PAYABLE TO CHARTERERS AGENT IF VESSEL OFFERED DIRECT.  IF BROKER INVOLVED THEN 2/3RD OF 2.50 PERCENT IS PAYABLE TO BKA LOGISTICS LLC AND 1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.

34) O’WISE SUBJECT TO TERMS AND CONDITIONS OF TNS’S CHARTER PARTY PROFORMA.

35) OFFERS TO BE SUBMITTED TO: VIA FAX TO PACIFIC CARGOES INC.  (AS AGENTS FOR BKA LOGISTICS LLC), 1629 K STREET, NW SUITE 502 , WASHINGTON DC, 2006, FAX NUMBER 202 296 1160 AND ELECTRONICALLY TO WBSCM NO LATER THAN 10.00 HOURS CENTRAL TIME USA ON JANUARY 03, 2012. ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO NEGOTIATION IS PERMITTED.ONLY FIRM OFFERS WILL BE CONSIDERED. OFFERS ARE TO REMAIN VALID UNTIL 1700 HRS WASHINGTON DC TIME JANUARY 05, 2012. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY TNS AND USDA.

FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C.  20006. PHONE: 202-331-7395 TELEFAX: 202-331-7735,

EMAIL: MARK.MILLARD@BKALOGISTICS.NET. ATTN ; MARK MILLARD

AND /OR

PACIFIC CARGOES INC., 1629 K STREET NW SUITE 502, WASHINGTON DC 20006.

PHONE : 202 785 3400 ; TELEFAX 202 296 1160.

E-MAIL: MAIL@ISC-PCI.COM – ATTN: STEPHEN DRUHOT AND /OR RAVI SINGH

END