GEORGIA 02-016

Award

02-016
416 (b) – Georgia
8/8/02
BKA
CPI
Carrier: Liberty Maritime Corporation
Vessel: M/V Liberty Sea
Flag: U.S.
Lay Days: 12/2/02 – 12/12/02
Rate: $46.68 (Houston, TX to Poti, Georgia) Basis 1-to-1

Freight Tender: BKA Logistics, Bulk Wheat, COUNTERPART Georgia

BKA LOGISTICS LLC., FOR AND ON BEHALF OF COUNTERPART INTERNATIONAL INC (CPI), REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG FOR THE CARRIAGE OF BULK WHEAT UNDER THE SECTION 416(B) PROGRAM ON THE FOLLOWING BASIS:

IFB NO:           GA-CPI-416B-02-016 

CARGO A:          APPROX 12,500 MT HRW WHEAT, IN BULK.
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.

CARGO B:          APPROX 12,500 MT HRW WHEAT, IN BULK.
                  CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.

LAYCAN A:         SEPT 03 – SEPT 17, 2002.
TO BE NARROWED TO 10-DAY SPREAD AT CHARTERER’S OPTION AT TIME OF FIXING.

LAYCAN B:         DEC 02 – DEC 17, 2002.
TO BE NARROWED TO 10-DAY SPREAD AT CHARTERER’S OPTION AT TIME OF FIXING.

LOADING:          1/2 SAFE BERTHS EACH 1/2 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.

DISPORT:          1 / 2 SAFE BERTHS POTI, GEORGIA

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 – 19,999.99 MT                        5,000 MT PER DAY

TANKERS:  
VESSEL CONTRACTED QTY                        LOADING GUARANTEE -----------------------                      -----------------------  
0 – 9,999.99 MT                              4,000 MT PER DAY  
10,000 – 19,999.99 MT                        5,000 MT PER DAY

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

DISCHARING TERMS: THE CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE TO THE VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE RATE OF 1,500 TONS (FOR TWEENDECKERS) AND/OR 2,000 TONS (FOR TANKERS/BULKERS) OF 2204.6 POUNDS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED WWDSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY. SATURDAYS AS PER THE BFC SATURDAY CLAUSE.  DISCHARGE GUARANTEE SHALL NOT APPLY ON LASH/SEABEE BARGES. CHARTERER / RECEIVERS TO APPOINT AND PAY FOR STEVEDORES AT PORT OF DISCHARGE.

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.

LAYTIME IS NON-REVERSIBLE.  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 WITH ADENDUM NO 1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION’S FOB CONTRACT NO 2 (REVISED AS OF AUGUST 1, 1988) 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 SUBJECT TO THE RULES OF THE SOCIETY OF MARITIME ARBITRATORS, INC.

DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY BETWEEN CHARTERER AND VESSEL OWNER.  VESSEL OWNER IS TO PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT TO CHARTERERS AGENT BKA LOGISTICS FOR APPROVAL WITHIN THIRTY (30) DAYS OF COMPLETION OF DISCHARGE.  DISCHARGE PORT NOTICE OF READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED ON BEHALF OF CHARTERERS AND VESSEL OWNERS, ARE TO BE PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT . USDA/CCC SHALL NOT BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN CHARTER AND VESSEL OWNERS. ANY/ALL DISPUTES BETWEEN CHARTERER 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 OGF MARITIME ARBITRATORS, INC.

VESSEL RESTRICTIONS FOR GUIDANCE ONLY:  MAX LOA IS 250 METERS AND MAX ARRIVAL DRAFT IS 9.5 METERS BW (BRACKISH WATER WITH DENSITY 1.010- 1.012) WITHOUT GUARANTEE. TOWED BARGES ARE EXCLUDED; ITB UNITS WILL BE  CONSIDERED; TANKERS WILL BE CONSIDERED IF OWNERS PROVIDE VACUVATORS. 

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.  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 OWNER AND IN NO WAY DIMINISHES OWNERS LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO.

VESSEL GEAR REQUIREMENTS:  NONE, DISCHARGE OPERATION WILL BE ACCOMPLISHED BY SHORE CRANES EQUIPPED WITH GRABS FROM VESSEL HOLD(S) DIRECTLY INTO HOPPER RAIL-CARS. EXCEPTION: TANKERS MUST PROVIDE (AT OWNERS EXPENSE) VACUVATORS, ALL NECESSARY PIPES AND SUPPORTS FOR PIPES AS WELL AS TECHNICIAN(S) TO OVERSEE THEIR OPERATION, AND OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER / FUEL TO OPERATE OWNER PROVIDED DISCHARGING GEAR.  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.

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 GEORGIA.

VESSELS MUST BE ABLE TO BE FUMIGATED IN-TRANSIT WITH AN ALUMINUM PHOSPHIDE PREPARATION 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 HANDBOOK.  FUMIGATION MUST BE WITNESSED BY USDA/FGIS AND THE ALUMINIMUM PHOSPHIDE PREPARATION MUST BE CONTAINED IN PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK.  DUST RETAINERS MUST BE USED.  FOR TWEENDECKERS AND BULKCARRIERS (INCLUDING PUSH MODE ITB) THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED.  FOR TANKERS THE SURFACE METHOD OF FUMIGATION 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 VESSELS MUST BE ACCOMPANIED BY COPY OF LETTER FROM USDA/FGIS STATING THAT THE VESSEL CAN BE FUMIGATED UNDER THE FGIS IN-TRANSIT FUMIGATION PROCEDURES.  ADDITIONALLY, 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.   OFFERS OF SUCH TWEEN-DECK VESSELS MUST BE ACCOMPANIED BY A LETTER FROM THE CERTIFIED APPLICATOR.  AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED AND PROVIDED THAT CLEAN BILLS OF LADING WERE ISSUED, FUMIGATION COSTS ARE FOR OWNERS (VESSEL) ACCOUNT, TIME COUNTING.

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

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

- 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.

- OFFERS OF NAMED VESSELS ONLY.  NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT CPI/USDA 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 CPI WITH SATISFACTORY EVIDENCE OF COMPLIANCE IF REQUIRED TO DO SO AND TO REMAIN FULLY RESPONSIBLE FOR ANY/ALL CONSEQUENCES RESULTING DIRECTLY OR INDIRECTLY FROM ANY MATTERS ARISING IN CONNECTION WITH THIS VESSEL AND THE ISM CODE.

- 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).

- OWNERS TO PROVIDE FOURTEEN (14) DAY PREADVICE OF VESSEL READINESS TO LOAD.  PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF BKA LOGISTICS PRIOR TO 1100 HRS WASHIONGTON DC TIME ON REGULAR BUSINESS DAY O 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 AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE TO USDA / CFSA / EXPORT OPERATIONS DIVISION, FAX NO 816-823-2586.

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.

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.

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.

OFFERORS ARE 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.

FREIGHT RATES ARE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL FREIGHT (IF ANY) PER METRIC TON ON ENTIRE CARGO FOR EACH ADDITIONAL LOAD OR DISCHARGE PORT IF USED.  OFFERS REQUIRING PREMIUM FOR ADDITIONAL LOAD / DISCHARGE BERTH WILL NOT BE CONSIDERED.

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.

CPI’S RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.

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

O’WISE SUBJECT TO TERMS AND CONDITIONS OF CPI’S CHARTER PARTY PROFORMA.

OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC, 1101 CONNECTICUT AVENUE N.W., SUITE 900, WASHINGTON D.C. 20036, BY 1100 HRS ET AUG 13, 2002.

ONLY SEALED HAND DELIVERED OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED.  NO PHONE OFFERS WILL BE ACCEPTED. IF A TELEFAX OFFER BEGINS TO PRINT PRIOR TO THE DEADLINE AND CONTINUES TO PRINT PAST THE DEADLINE UNTIL COMPLETE IT WILL BE CONSIDERED TO BE RECEIVED ON TIME.  OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT TIME AND PLACE. ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO NEGOTIATION IS PERMITTED.  U.S. FLAG OFFERS MADE ‘SUBJECT OPEN’ WILL ONLY BE CONSIDERED WHEN THE SUBJECT RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME AUG 14, 2002.  NO OFFERS OF NON-U.S. FLAG VESSELS MADE ‘SUBJECT OPEN’ WILL BE CONSIDERED. OFFERS ARE TO REMAIN VALID UNTIL 1700 HRS WASHINGTON DC TIME AUG 19, 2002.  FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY CPI AND USDA.

FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC, 1101 CONECTICUT AVENUE NW, SUITE 900, WASHINGTON D.C.  20036. PHONE: 202-331-7395; TELEFAX: 202-331-7735; E-MAIL: JAMES.MEAD@BKALOGISTICS.NET OR  MARK.MILLARD@BKALOGISTICS.NET