IFB# 12-020B Nicaragua Award

December 26, 2012

FM:  PACIFIC CARGOES, INC. / RAVI SINGH

RE:         BKA LOGISTICS LLC FREIGHT TENDER FOR TECHNOSERVE , FFP

                6,000 MT BULK SOYBEAN MEAL TO NICARAGUA NO. 12-020B

ON BEHALF OF TECHNOSERVE, CHARTERER, BKA LOGISTICS LLC IS PLEASED TO CONFIRM THE FOLLOWING FREIGHT AWARD UNDER TENDER 12-020B:

OWNERS:  MORAN TOWING CORPORATION

VESSEL:  BARGE : MONTVILLE , BULK CARRIER BARGE

VESSEL FLAG : USA                        

TUG : “HEIDE MORAN” ; FLAG USA

VESSEL GEAR (INCLUDING DAUGHTER VESSEL USED FOR FULL LIGHTENING) SHALL BE IN ACCORDANCE WITH THE FREIGHT TENDER 12-020B.

VESSEL'S ITINERARY: VESSEL'S ETA LOAD PORT IN U.S. GULF IS JAN 7-16, 2013; BILL OF LADING TO BE DATED NO LATER THAN JANUARY 20, 2013. ETA CORINTO FEB 005, 2013 WP/AGW/UCE.

CARGO:  FULL CARGO OF 6,000 MT MIN/MAX SOYBEAN MEAL IN BULK.

LAYCAN:  JANUARY 7-16, 2013

LOAD PORT:  1/3 SB EACH 1/3 SP U.S. GULF.

DISCHARGE PORT(S): ONE OR TWO SAFE BERTHS CORINTO, NICARAGUA.

LOADING TERMS:  AT THE AVERAGE RATE OF 4,000 MT WWDSSHEX EIU -AS PER FREIGHT TENDER 12-020B 

DISCHARGING TERMS:  FREE OUT AT THE AVERAGE RATE OF 2,500 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 320.00 PMT BASIS ONE(1) LOAD BERTH, ONE(1) LOAD PORT  TO  ONE (1) DISCHARGE BERTH, CORINTO, NICARAGUA.

FOR EACH ADDITIONAL LOAD PORT, IF USED, ADD LUMPSUM USD 100,000.00

FOR EACH ADDITIONAL LOAD BERTH, IF USED, ADD LUMPSUM USD 50,000.00.

FOR SECOND DISCHARGE BERTH, IF USED, ADD LUMPSUM USD 40,000.00

DEMURRAGE/ DESPATCH AT LOAD PORT USD 17,000 / HALF DESPATCH PDPR

DEMURRAGE/ DESPATCH AT DISCHARGE PORT USD 10,000 / HALF DESPATCH PDPR

THIS IS BASIS FULL LIGHTENING AT CORINTO PORT IN ACCORDANCE WITH THE FREIGHT TENDER 12-020B TERMS AND CONDITIONS INCLUDING APPLYING TO THE  DAUGHTER VESSEL(S) TO BE USED.

IN-TRANSIT FUMIGATION BY RECIRCULATION METHOD AS PER FREIGHT TENDER AND CHARTER PARTY PROFORMA.

. 

OTHERWISE AS PER TERMS AND CONDITIONS OF FREIGHT TENDER NO. 12-020B DATED DECEMBER 13, 2012, AND THE CHARTERER TECHNOSERVE CHARTER PARTY PROFORMA.

END

IFB# 12-020B Nicaragua Tender

December 13, 2012

Freight Tender: BKA Logistics F12-0336, TNS Soybean Meal, Nicaragua

USDA IFB NO.

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 SOYBEAN MEAL IN BULK, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

BKA REF : F12-0336.

TENDER DATE: December 13, 2012

USDA IFB NO: 12-020B

FREIGHT INVITATION NO. 2000001550

COMMODITY INVITATION NO. 2000001549

FREIGHT OFFERS ARE DUE NO LATER THAN 1000 HRS CENTRAL TIME ON  December 19, 2012.

FREIGHT OFFERS ARE TO REMAIN VALID UNTIL 1700 HOURS EASTERN TIME ON December 21, 2012.

ONLY FIRM OFFERS ARE TO BE SUBMITTED.

SUBMISSION OF FREIGHT OFFERS:

TO DETERMINE LOWEST LANDED COST, ALL CARRIERS ARE REQUIRED TO SUBMIT OFFERS ELECTRONICALLY 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.

1) CARGO:   

UP TO 6,000 MT SOYBEAN MEAL IN BULK

CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.

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.

2) LAYCAN: JANUARY 7-16, 2013. OWNERS TO PROVIDE FOURTEEN (14) DAYS PREADVISE NOTICE OF VESSEL ETA LOAD PORT. THE OCEAN BILL OF LADING ON BOARD DATE MUST BE BEFORE JANUARY 20, 2013.

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 CORINTO, NICARAGUA.

ANY SHIFTING NECESSARY DUE TO THE VESSEL’S SIZE OR CONFIGURATION TO BE AT OWNER’S TIME, RISK AND EXPENSE.

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, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED. WWDSSHEX EIU.

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

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

LASH/SEABEE BARGES: THERE IS NO LOAD RATE GUARANTEE.

6) DISCHARING TERMS:  CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE RATE OF 2,500 TONS OF 2204.6 POUNDS FOR SINGLE DECK BULK CARRIERS, TWEENDECKERS/MULTI-DECKERS 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 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.

IF VESSEL IS NOT CAPABLE OF MEETING DISCHARGE RATE STATED ABOVE, THEN PORT AUTHORITY AT THEIR DISCRETION MAY REQUIRE VESSEL TO LEAVE BERTH. IN SUCH CASE, ANY DELAYS, SHIFTING COSTS OR ADDITIONAL EXPENSES WILL BE SOLELY FOR OWNER’S/VESSEL’S ACCOUNT.

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 (S) OWNER TO APPOINT AND PAY FOR VESSEL’S AGENT. CHARTERER’S AGENT BKA LOGISTICS  SHALL APPOINT A PROTECTIVE OUT PORT AGENT AT EACH LOAD PORT,  OWNER WILL PAY THE AGENCY FEE OF US$ 1,800.00 PER LOAD PORT TO BKA LOGISTICS.  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: ITBs AND TOWED BARGES WILL BE CONSIDERED. TANKERS ARE NOT WORKABLE. U.S. FLAG TWEENDECK AND MULTIDECKS ARE ACCEPTABLE. U.S. FLAG GEARLESS VESSELS ARE ACCEPTABLE PROVIDED OWNER PROVIDES SUFFICIENT DISCHARGE EQUIPMENT, EXCLUDING VACUVATORS, TO MAINTAIN THE GUARANTEED DISCHARGE RATE. NON US FLAG VESSELS TO BE GEARED BULK CARRIERS ONLY.  

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 , TOWED BARGES 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.

WAR RISK PREMIUM: OWNERS SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE PREMIUM IN THEIR OFFERED RATES. OWNER BEARS THE RISK OF ANY INCREASE IN WAR RISK PREMIUMS.

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 SELF-DISCHARGE WITH VESSEL’S OR OWNER SUPPLIED SHORESIDE GEAR. CARGO DISCHARGE WILL BE BY GRABS. VACUVATORS ARE NOT ACCEPTABLE (INCLUDING FOR LIGHTENING, IF APPLICABLE). OWNERS TO SUPPLY GRABS AND ALL NECESSARY DISCHARGING GEAR (CRANES AND OR SWINGING DERRICKS WITH MINIMUM 9.8 MT S.W.L. CAPACITY SUITABLE FOR CLAMSHELL DISCHARGE AND INCLUDING CLAMSHELLS) IN GOOD WORKING ORDER AND IN SUFFICIENT NUMBER TO PERMIT CHARTERERS/ RECEIVERS TO EFFECT DISCHARGE OF THE VESSEL AT THE GUARANTEED RATE OF DISCHARGE. OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER/ FUEL TO OPERATE ALL DISCHARGE GEAR. TIME USED FOR ASSEMBLING OR PREPARING OWNER-SUPPLIED EQUIPMENT, OR ANY TIME LOST AS A RESULT OF INSUFFICIENCIES OF GEAR OR BREAKDOWN OF GEAR NOT TO COUNT AS LAYTIME OR TIME ON DEMURRAGE. ANY SHORE GEAR REQUIRED FOR DISCHARGING OR LIFTING IN/OUT OF EQUIPMENT MUST BE FURNISHED AT OWNER’S RISK AND EXPENSE. GEAR PROVIDED BY VESSEL MUST ALSO BE CAPABLE OF LIFTING EQUIPMENT NECESSARY FOR TRIMMING AND BREAKING UP ANY CAKED SOYBEAN MEAL IN/OUT OF THE HOLDS.

DISCHARGING EQUIPMENT MUST MEET ALL REQUIREMENTS AND REGULATIONS OF THE APPLICABLE PORT AUTHORITIES.

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.

16) VESSEL RESTRICTIONS AT CORINTO, NICARAGUA : MAXIMUM S.W. ARRIVAL DRAFT 30 FT. MAXIMUM LENGTH OVERALL (LOA) 215 M; MAXIMUM BEAM 33 M; UPON ARRIVAL AT CORINTO, NICARAGUA, OWNERS’ ARE ADVISED THAT VESSEL’S DEADWEIGHT CALCULATED ON THE BASIS OF THE SAFE ARRIVAL DRAFT OF 30 FT SHOULD NOT EXCEED 25,000 METRIC TONS.  ABOVE RESTRICTIONS ARE PROVIDED BY CHARTERER FOR GUIDANCE ONLY WITHOUT GUARANTEE AND IT IS UP TO OWNERS TO VERIFY THAT THEIR VESSEL ARRIVING AT THE PORT OF CORINTO MEET THE THE POPRT AUTHORITY RESTRICTIONS IN ORDER TO SAFELY BERTH THE VESSEL. OTHERWISE ALL COSTS INCURRED INCLUDING LIGHTENING, IF REQUIRED AS A RESULT OF VESSEL’S FAILURE TO ARRIVE AT THE DISCHARGE PORT  EXCEEDING THE PORT VESSEL RESTRICTIONS IS FOR OWNER’S TIME, RISK AND EXPENSE. LIGHTENING, IF ANY, TO BE PERFORMED IN THE TERRITORIAL WATERS OF NICARAGUA BUT OUTSIDE THE PORT LIMITS OF CORINTO AND TO BE CERTIFIED. LIGHTENING MUST BE INTO ONE DAUGHTER VESSEL WHICH MUST BE SINGLE DECK BULK CARRIER MEETING PORT OF CORINTO’S VESSEL RESTRICTIONS AND GEARED AS PER CHARTER PARTY TERMS. VACUVATORS CANNOT BE USED FOR LIGHTENING AND OR DISCHARGING AT BERTH.

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 AT OWNER’S TIME, RISK AND EXPENSE AND 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 LOGISTICS LLC 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 ELECTRONICALLY TO WBSCM NO LATER THAN 10.00 HOURS CENTRAL TIME USA ON  December 19, 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 December 21, 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