IFB 11-038P Liberia Tender Amendment

March 29, 2012

Freight Tender Amendment #2: Land O’Lakes, Liberia (03/29/12).

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BKA LOGISTICS LLC, AS AGENTS FOR AND ON BEHALF OF LAND O’LAKES

(LAKES), HEREBY AMENDS THE LIBERIA FREIGHT TENDER (IFB 11-038P)

ISSUED MARCH 22, 2012 AS FOLLOWS:

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FREIGHT OFFERS ARE NOW DUE NO LATER THAN 1400 HRS CT (1500 HRS

EDT) ON MARCH 30, 2012.

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ALL OTHER TERMS AND CONDITIONS OF THE TENDER REMAIN UNCHANGED.

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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON DC,

PHONE: 202-331-7395; TELEFAX: 202-331-7735; E-MAIL:

MARK.MILLARD@BKALOGISTICS.NET

IFB 11-038P Liberia Tender Amendment

March 28, 2012

Freight Tender Amendment: Land O’Lakes, Liberia (03/28/12).

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BKA LOGISTICS LLC, AS AGENTS FOR AND ON BEHALF OF LAND O’LAKES

(LAKES), HEREBY AMENDS THE LIBERIA FREIGHT TENDER (IFB 11-038P)

ISSUED MARCH 22, 2012 AS FOLLOWS:

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THE CLOSING DATE IS EXTENDED TO FRIDAY MARCH 30, 2012.  THUS,

FREIGHT OFFERS ARE DUE NO LATER THAN 1000 HRS CT (1100 HRS EDT)

ON MARCH 30, 2012.

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ALL OTHER TERMS AND CONDITIONS OF THE TENDER REMAIN UNCHANGED.

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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON DC,

PHONE: 202-331-7395; TELEFAX: 202-331-7735; E-MAIL:

MARK.MILLARD@BKALOGISTICS.NET

IFB 11-038P Liberia Tender

March 23, 2012

Freight Tender: Land O’Lakes, Food for Progress, Liberia (03/23/12).

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FREIGHT INVITATION NO.:  2000000923.

COMMODITY INVITATION NO:  2000000922.

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BKA LOGISTICS LLC, AS AGENTS FOR AND ON BEHALF OF LAND O’LAKES, INC. (LAKES), REQUESTS U.S. AND NON U.S. FLAG LINER OFFERS FOR CARRIAGE OF THE FOLLOWING FOOD FOR PROGRESS CARGO, VIA CONTAINER AND/OR BREAKBULK SERVICE, UNDER INV 042:

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IFB NUMBER:  11-038P.

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SO# 5000108513.

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REF NO:           BKA-LAKES-LIB-01

CARGO:           UP TO 11,000 NMT

COMMODITY:  MILLED RICE – 50K BAGS

LOADING:        SEE SPECIAL NOTE “B” BELOW              

DISCHARGE:   FREEPORT MONROVIA, LIBERIA (SEE NOTE 1)

AVAIL:              SEE SPECIAL NOTE “C” BELOW

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ON THE ABOVE:

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TERMS:  FULL BERTH TERMS, ALL INCLUSIVE. NO DEMURRAGE / NO

DESPATCH/ NO DETENTION ON VESSELS/CONTAINERS/TRAILERS BENDS.

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SPECIAL NOTE “A”:

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.

FREIGHT OFFERS ARE DUE NO LATER THAN 1000 HRS CT (1100 HRS EDT) ON MARCH 29, 2012. 

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

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SPECIAL NOTE “B”:

CARRIERS ARE ENCOURAGED TO OFFER ON ANY/ALL “FAS POINTS” AND “BRIDGE POINTS” AS LISTED ON THE USDA DOCUMENTS “APPROVED PORTS/TERMINALS” AND FORM KC-362 AND ALL “INTERMODAL PLANT POINTS” AS LISTED ON FORM KC-362.

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SPECIAL NOTE “C”:

AVAILABILITY/AT PORT DATE FOR COMMODITY DELIVERIES F.A.S. VESSEL FOR

THIS COMMODITY INVITATION IS 06/20/12. THE POTENTIAL SHIPPING PERIODS FOR BIDS AT THE PLANT OR BRIDGEPOINT LOCATIONS CAN BE FOUND IN THE COMMODITY SOLICITATION.  THE AVAILABILITY/AT PORT AND SHIPPING PERIODS ARE THE CONTRACTUAL REQUIREMENT OF THE SUPPLIER(S), SUCCESSFUL OCEAN CARRIER(S) ARE ENCOURAGED TO COORDINATE WITH SUPPLIER(S) TO ENSURE A SMOOTH LOADING AND/OR TRANSFER OPERATION.

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SPECIAL NOTE "D":

IN AWARDING CARGO UNDER THIS FREIGHT INVITATION, USDA WILL CONSIDER FACTORS INCLUDING THE LOWEST LANDED COST, AND THE IMPACT OF ANY POTENTIAL AWARD ON THE AGENCY’S ABILITY TO SATISFY THE REQUIREMENTS OF STATUTES AND REGULATIONS INCLUDING THE CARGO PREFERENCE ACT. 

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SPECIAL NOTE “E”
THE CARRIER IS RESPONSIBLE TO COORDINATE WITH INTERTEK, THE LOADING OF THE CARGO, IN ORDER FOR THE “VESSEL LOADING OBSERVATION” (VLO) CERTIFICATE CAN BE ISSUED.

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SPECIAL REQUIREMENTS:

DISPUTE RESOLUTION – ARBITRATION.

LDA – YES, AT USD 1.00/MT/DAY OR PRO-RATA, PER B/N CLAUSE 15.

DDA – NO.

FUMIGATION – YES, ON ALL BAGGED COMMODITIES, IN ACCORDANCE WITH USDA REGULATIONS, AT CARRIER’S TIME/RISK/EXPENSE.

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NOTE 1: DISCHARGE/DELIVERY TERMS:

IF BREAKBULK SERVICE, THEN:

DELIVERY BASIS US FOOD AID BOOKING NOTE 2(A)(i), WITH EXCEPTIONS:

CARGOES ARE TO BE DELIVERED TO RECEIVER/CONSIGNEE LOADED/STACKED ALONG SIDE VESSEL, DIRECTLY ONTO RECEIVER’S CONVEYANCES.

IF CONTAINERIZED FOR CARRIER CONVENIENCE, THEN:

DELIVERY BASIS US FOOD AID BOOKING NOTE TERMS 2(A)(i),WITH EXCEPTIONS: CONTAINERS ARE TO BE DISCHARGED AND MOVED TO A SHED DESIGNATED BY THE PORT OR THE CARRIER’S CONTAINER FREIGHT STATION (CFS), WHERE THE CARRIER IS RESPONSIBLE TO DEVAN THE CARGO AND TO DELIVER TO THE RECEIVERS, LOADED/STACKED ON RECEIVER’S CONVEYANCES. 

THE CONSIGNEE/RECEIVER REQUIRES A FIFTEEN (15) CALENDAR DAY FREE TIME PERIOD FOR ALL CONTAINERIZED COMMODITY ALLOWING FOR COMPLETION OF CUSTOMS FORMALITIES.  THE 15 DAYS FREE TIME APPLIES FROM THE COMPLETION OF DISCHARGE OF ALL THE COMMODITIES FROM THE VESSEL AT MONROVIA.  THE FREE TIME PERIOD APPLIES TO THE CARRIER’S EQUIPMENT AND THE CARRIER’S/PORT’S CONTAINER YARDS, TERMINALS, WAREHOUSES AND FREIGHT STATIONS.  THE CARRIER IS RESPONSIBLE FOR ALL HANDLING COSTS, STORAGE FEES, AND ALL OTHER PORT/TERMINAL/YARD/WAREHOUSE/CFS FEES APPLICABLE DURING THIS FREE TIME PERIOD. 

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NOTE 2: SHIPMENT OF COMMODITY ON ONE VESSEL BUT OFFERORS SHOULD

CONSIDER OFFERING A RANGE OF TONNAGES TO ACCOMMODATE POSSIBLE

CARGO PREFERENCE REQUIREMENTS.

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NOTE 3: IF COMMODITIES ARE CONTAINERIZED FOR CARRIER’S CONVENIENCE, CONTAINERS TO BE LOADED BY CARRIER AT CARRIER’S TIME, RISK, AND EXPENSE.  NO MINIMUM CONTAINER LOAD REQUIREMENTS WILL BE ACCEPTED. 

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NOTE 4: IF CONTAINERIZED, CARRIER MUST CERTIFY THAT EACH CONTAINER UTILIZED TO LOAD LAKES CARGO IS: (A) IN WIND AND WATER TIGHT CONDITION; (B) NOT MORE THAN TEN (10) YEARS OLD; AND, (C) NOT A SALVAGED CONTAINER OR MUSTERED OUT FROM REGULAR SERVICE.  AS A CONDITION OF PAYMENT, CARRIER MUST PROVIDE BKA A FGIS SURVEY REPORT ATTESTING TO THE SATISFACTORY CONDITION OF CONTAINERS.  SURVEY IS TO BE PERFORMED PRIOR TO LOADING CPI CARGOES.

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NOTE 5: FREIGHT PAYMENT SHALL BE PROCESSED THROUGH THE WBSCM SYSTEM AND PAID BY USDA.

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NOTE 6:  THE CARRIER IS RESPONSIBLE FOR CARGO SECURITY AND INTEGRITY WHILE IN THE CARRIER’S CARE AND CUSTODY.  ANY CARGOES FOUND TO BE INFESTED WHILE IN THE CARRIER’S CARE AND CUSTODY MUST BE RE-FUMIGATED AT CARRIER’S TIME, RISK, AND EXPENSE.

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NOTE 7: IF BREAKBULK, CARGO TO BE UNLOADED DURING NORMAL PORT AND WAREHOUSE WORKING HOURS.  NO NIGHT OFFLOADING UNLESS AGREED UPON WITH THE CONSIGNEE. 

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NOTE 8: IF CONTAINERIZED, CARRIERS MUST NOT COMINGLE OTHER SHIPPER’S COMMODITIES OR DIFFERENT COMMODITIES IN THE SAME CONTAINER.

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NOTE 9: CERTAIN COMMODITIES COVERED BY THIS RFP MUST BE INSPECTED BY APHIS/PPQ OR OTHER SUCH AUTHORITIES PRIOR TO LOADING SO THAT A PHYTOSANITARY CERTIFICATE CAN BE ISSUED.  SUCH INSPECTION MUST TAKE PLACE NOT MORE THAN THIRTY DAYS PRIOR TO THE CARGO BEING LOADED ABOARD THE VESSEL AT THE PORT OF EXPORT.  CARRIERS INTENDING TO LOAD THESE CARGOES INTO CONTAINERS, LASH BARGES, OR OTHERWISE UNITIZE CARGOES IN A WAY THAT WILL PROHIBIT OR RESTRICT INSPECTIONS WITHOUT SUSTAINING ADDITIONAL COSTS WILL BE REQUIRED TO BEAR ALL SUCH ADDITIONAL EXPENSES IF THIS IS DONE BEFORE INSPECTIONS ARE EFFECTED OR IF CARGOES ARE NOT LOADED ON-BOARD A VESSEL WITHIN THE THIRTY DAY PERIOD FOLLOWING INSPECTION.

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NOTE 10: OFFERS MUST BE FOR NAMED VESSEL(S) AND INCLUDE REASONABLE AND ACCEPTABLE LOADING SCHEDULES AND TRANSIT TIMES IN ORDER TO BE

CONSIDERED RESPONSIVE.  OFFERS FOR CARRIAGE VIA VESSELS NOT IN A         REGULARLY SCHEDULED LINER SERVICE MUST PROVIDE VESSEL'S ITINERARY AND CURRENT POSITION.  ADDITIONALLY, SUCH OFFERS SHOULD INCLUDE FULL PARTICULARS ON VESSEL OWNER'S COMPANY INCLUDING OFFICERS, ADDRESS AND BANK REFERENCE.

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NOTE 11: TRANSATLANTIC BARGE CLAUSE:

TOWED BARGES WILL BE CONSIDERED IN THE TRANSATLANTIC TRADE PROVIDED ALL CARGO IS CONTAINERIZED AND STOWED UNDER DECK. NO OTHER STOWAGE ARRANGEMENT WILL BE CONSIDERED UNLESS THE CARRIER HAS RECEIVED WRITTEN NOTIFICATION FROM THE SHIPPER(S) AND USDA PROVIDING APPROVAL FOR A SPECIFIC VESSEL PRIOR TO THAT VESSEL PARTICIPATING IN ANY TRANSATLANTIC FOOD AID SHIPMENTS. 

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NOTE 12: EXPANSION OF TERMINAL DESIGNATIONS WITHIN THE PORT OF HOUSTON, TEXAS CLAUSE:  EFFECTIVE WITH TITLE II INVITATION 028 ISSUED ON JANUARY 23, 2008, THE NOTICE TO THE TRADE EOD-150 (PILOT PROGRAM FOR LOAD PORT SURVEYS AND PROCESSED COMMODITY BIDDING BASIS HOUSTON,   TEXAS) IS CANCELLED.  USAID NOTICE TO THE TRADE DATED APRIL 5, 2006 “F.A.S. ALLOCATED COMMODITIES AT HOUSTON AND JACINTO” IS ALSO RESCINDED.  THIS MEANS THAT BEGINNING WITH INV 028, HOUSTON WILL NO LONGER BE AVAILABLE AS AN APPROVED DELIVERY POINT.  OFFERORS MUST SELECT TERMINALS WITHIN THE PORT OF HOUSTON AS LISTED IN NOTICE TO THE TRADE: EXPANSION OF TERMINAL DESIGNATIONS WITHIN THE PORT OF HOUSTON, TEXAS.   THE NOTICE IS POSTED ON THE USAID OCEAN NOTICES WEBSITE AT  HTTP://WWW.USAID.GOV/BUSINESS/OCEAN/NOTICES/. A COMPLETE LIST OF DELIVERY/BID POINT CODES, INCLUDING THE NEW HOUSTON  DELIVERY/BID POINT CODES, IS AVAILABLE AT:  HTTP://WWW.FSA.USDA.GOV/FSA/WEBAPP?AREA=HOME&SUBJECT=COOP&TOPIC=PAS-EX-AP

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NOTE 13: ALL VESSEL SUBSTITUTION REQUESTS MUST BE REVIEWED BY USDA. THE PROPOSED SUBSTITUTE VESSEL SHOULD BE OF THE SAME TYPE AS THE   ORIGINALLY AWARDED VESSEL. THIS APPLIES TO BOTH U.S. AND FOREIGN FLAG VESSEL SUBSTITUTIONS. THE PROPOSED SUBSTITUTE VESSEL MUST ALSO APPEAR ON THE APPLICABLE MARITIME ADMINISTRATION U.S. OR FOREIGN FLAG VESSEL LIST WHICH CAN BE ACCESSED USING THE FOLLOWING URL:

HTTP://WWW.MARAD.DOT.GOV/SHIPS_SHIPPING_LANDING_PAGE/CARGO_PREFERENCE/CARGO_HUMANITARIAN_ASSISTANCE/CARGO_HUMAN_ASSISTANCE_REPORTS/HUMANITARIAN_FOOD_AID_REPORTS.HTM

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- COMMODITY, LOADPORT, AND INTERMODAL POINT ABBREVIATIONS AS PER USDA FORM KC-362.  DELIVERY TERMS PER USDA NOTICE TO THE TRADE OF APRIL 5, 1995.  FOR ANY COMMODITIES ALLOCATED BASIS INTERMODAL SUPPLIER’S PLANT, VESSEL OWNERS MUST COMPLY WITH SUPPLIER’S LOAD AND CAPACITY CAPABILITIES.  IF THE VESSEL FAILS TO C0MPLY WITH SUPPLIER’S LOAD CAPABILITIES, ANY COSTS INCURRED BY CCC INCLUDING BUT NOT LIMITED TO CARRYING CHARGES, LIQUIDATED DAMAGES, STORAGE, WILL BE FOR THE VESSEL’S ACCOUNT.  IF CONTAINERS/RAILCARS/TRUCKS ARE PLACED AT THE SUPPLIER’S PLANT, CARRIER MUST ENSURE THAT CONTAINERS/RAILCARS/TRUCKS ARE PLACED AT THE PLANT BY THE COMMENCEMENT OF THE SUPPLIER’S SHIPPING PERIOD AND SUPPLY   CONTAINERS/RAILCARS/TRUCKS ON A CONTINUOUS BASIS UNTIL THE SUPPLIER   FULFILLS HIS CONTRACT QUANTITY.  OWNERS ARE RESPONSIBLE TO OFFER ONLY FOR VENDORS WHO MATCH OWNERS’ CAPABILITIES.  OWNERS ARE ENCOURAGED TO REFER TO KC-362 FOR THE LIST OF PLANT LOCATIONS AND CAPABILITIES.  IF SUPPLIER FAILS TO PROVIDE COMMODITY FOR LOADING DURING THE SPECIFIED SHIPPING PERIOD (OR BEYOND ALLOWABLE FREE TIME) DEMURRAGE, IF ANY, WILL BE FOR ACCOUNT OF SUPPLIER.

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

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- AS APPLICABLE, THE ALL INCLUSIVE RATE SUBMITTED MUST BREAKOUT THE FOLLOWING COMPONENTS: OCEAN FREIGHT, INLAND TRANSPORTATION   (DOMESTIC AND FOREIGN), FUMIGATION, CONTAINER PROTOCOL (IF APPLICABLE), STRIPPING/STACKING CHARGES AT FINAL DESTINATION (IF APPLICABLE). CARRIERS WHO DO NOT SUBMIT ALL INCLUSIVE RATES AS OUTLINED ABOVE WILL BE CONSIDERED NON RESPONSIVE.

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- ONLY OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED. 

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- FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY   LAKES AND USDA.

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- OFFERS MUST BE IDENTIFIED BY TENDER/RFP NUMBER AND ANY FUTURE   COMMUNICATION SHOULD ALSO IDENTIFY SAME BY TENDER OR CONTRACT   NUMBER.

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- OFFERS FROM NVOCC'S WILL BE CONSIDERED AS NON-RESPONSIVE.

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- OFFERS MUST INCLUDE: VESSEL NAME / TYPE / FLAG / YEAR BUILT.   ETA AT LOAD, DISPORT, AND FINAL DESTINATION.  FULL STYLE OF CARRIER    OFFERING, ADDRESS, TELEPHONE, TELEX, AND/OR TELEFAX NUMBERS, AS   WELL AS THE NAMES AND TITLES OF THE CORPORATE OFFICERS WITH DIRECT RESPONSIBILITY FOR THE OFFER AND APPLICABLE CORPORATE DUNS NUMBER.  WHETHER SERVICE IS DIRECT OR TRANSSHIPPED, CONTAINER OR BREAKBULK.  WHETHER SERVICE OFFERED IS LINER OR CHARTER.  STATEMENT THAT CARRIER IS A VOCC. OCEAN FREIGHT RATE TO BE IN U.S. DOLLARS AND MUST BE ALL INCLUSIVE REPEAT ALL INCLUSIVE.

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- LAKES & USDA RESERVE THE RIGHT TO ACCEPT WITHOUT DISCUSSION, REJECT,   OR NEGOTIATE PROPOSALS, INCLUDING AWARDING INDIVIDUAL LOTS   WHENEVER RFP CONTAINS MORE THAN ONE LOT OF CARGO.

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- EXCEPT TO THE EXTENT AS PROVIDED ABOVE, ALL AWARDS UNDER THIS RFP   WILL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE U.S. FOOD AID   BOOKING NOTE DATED NOVEMBER 1, 2004 WHICH IS FULLY INCORPORATED   HEREIN. 

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- TOTAL COMMISSIONS 2.5%. IF OFFERED DIRECT, 2.5% TO BKA LOGISTICS. IF   OFFERED THROUGH A BROKER, 2/3 OF 2.5% TO BKA LOGISTICS, AND 1/3 OF   2.5% TO OWNERS’ BROKER.

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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC WASHINGTON D.C. AT PHONE 202-331-7395,

TELEFAX 202-331-7735, E-MAIL: MARK.MILLARD@BKALOGISTICS.NET OR

MANISHA.LAD@BKALOGISTICS.NET