Bangladesh Award02-038

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Bangladesh BKA 02-038

Award

02-038
LOL - Bangladesh
BKA
416 (b)
Carrier: Liberty Shipping Group Limited Partnership
Vessel: Liberty Sea
Flag: U.S.
Lay days: 3/20/03 3/30/03
Rate: $55.33 (U.S. North Pacific to Chittagong, Bangladesh) Basis 1-to-1

Freight Tender: BKA Logistics, Bulk Wheat, LAKES Bangladesh (9/17/02). 
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BKA LOGISTICS LLC., FOR AND ON BEHALF OF LAND O LAKES, INC. (LAKES), REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG GEARED VESSELS (U.S. FLAG GEARLESS VESSELS WILL BE CONSIDERED PROVIDED OWNERS SUPPLY DISCHARGING EQUIPMENT PER PROFORMA CHARTER PARTY AND FREIGHT TENDER TERMS) FOR THE CARRIAGE OF BULK WHEAT UNDER THE SECTION 416(B) PROGRAM ON THE FOLLOWING BASIS:
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IFB NO: BG-LOL-416B-02-038 
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CARGO: APPROX 23,900 MT HRW WHEAT, IN BULK. 
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS. 
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LAYCAN: DEC 20 - 30, 2002.
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LOADING: 1/3 SAFE BERTHS EACH 1/2 SAFE PORT(S). 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.
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DISPORT: 1 / 3 SAFE BERTHS CHITTAGONG, BANGLADESH
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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.
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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
20,000 29,999.99 MT 6,000 MT PER DAY
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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
20,000 29,999.99 MT 6,000 MT PER DAY
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TWEEN-DECKERS: THE LOAD GUARANTEE SHALL BE 3,000 MT PER DAY.
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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 OF 2204.6 POUNDS PER WEATHER WORKING DAYS OF 
24 CONSECUTIVE HOURS, FRIDAYS AND HOLIDAYS EXCEPTED, EVEN IF 
USED WWDFHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY. 
TIME FROM 1200 HRS THURSDAY UNTIL 0800 HRS SATURDAY AND TIME FROM 1700 
HRS ON DAY PRECEDING ANY HOLIDAY UNTIL 0800 HRS NEXT REGULAR WORKING 
DAY NOT TO COUNT AS LAYTIME EVEN IF USED. DISCHARGE GUARANTEE SHALL 
NOT APPLY ON LASH/SEABEE BARGES. CHARTERER / RECEIVERS TO APPOINT AND 
PAY FOR STEVEDORES AT PORT OF DISCHARGE. IT IS INTENTION OF RECEIVERS 
TO BAG THE CARGO ON-BOARD VESSEL AND EFFECT DISCHARGE OF WHEAT IN A 
BAGGED FORM.
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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.
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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 ASSOCIATIONS 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.
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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.
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VESSEL RESTRICTIONS: MAX LOA AT CHITTAGONG IS, WITHOUT GUARANTEE, 
187.77 METERS. TANKERS ARE EXCLUDED UNLESS FULLY LIGHTENED; TOWED 
BARGES ARE EXCLUDED; ITB UNITS WILL BE CONSIDERED. FOREIGN FLAG 
VESSELS SHOULD NOT BE OLDER THAN 20 YEARS AND MUST BE CLASSED HIGHEST 
IN LLOYDS REGISTER OR ITS EQUIVALENT DATE OF ORIGINAL CONSTRUCTION, 
NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACOUNT OF VESSELS 
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. NVOCCS MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR 
FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND
ITBS, OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE 
FROM NCB CERTIFYING THAT VESSELS 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.
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VESSEL GEAR REQUIREMENTS: VESSEL OWNER TO PROVIDE AT THEIR 
EXPENSE ALL NECESSARY DISCHARGING GEAR IN GOOD WORKING ORDER
AND IN SUFFICIENT NUMBER TO PERMIT CHARTERER / RECEIVER TO 
EFFECT DISCHARGE OF VESSEL AT THE GUARANTEED RATE OF 
DISCHARGE. OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY
MOTIVE POWER / FUEL TO OPERATE ALL DISCHARGING GEAR. IF 
VACUVATORS ARE PROVIDED BY OWNER, ALL NECESSARY PIPES AND
SUPPORTS FOR PIPES AS WELL AS TECHNICIAN(S) TO OVERSEE THEIR 
OPERATION ARE TO BE INCLUDED FOR VESSELS ACCOUNT. ANY TIME
LOST AS A RESULT OF BREAKDOWN OF VESSELS GEAR TO BE EXCLUDED 
FROM LAYTIME USED. OPENING AND CLOSING OF HATCHES TO BE 
CARRIED OUT BY VESSELS CREW FREE OF CHARGE TO CHARTERERS AND TIME USED 
NOT TO COUNT. MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN 
TENTS FOR ALL HATCHES ARE REQUIRED.
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CHITTAGONG IS A TIDAL RIVER PORT AND DRAFT VARIES. 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 TO BE 
PERFORMED IN THE WATERS OF BANGLADESH.
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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 HANDBOOK. DUST 
RETAINERS MUST BE USED. FOR TWEENDECKERS THE RECIRCULATION 
METHOD OF FUMIGATION WILL BE USED. FOR ALL OTHER VESSELS 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. 
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- OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE 
OF TONNAGES TO ACCOMMODATE PROGRAM NEEDS. 
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- ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED, 
MUST BE COMPATIBLE AND NON-INJURIOUS TO LAKES CARGO, MUST 
BE DETAILED IN OFFER OR APPROVED BY LAKES/USDA IF CONTRACTED
AFTER FIXTURE OF LAKES WHEAT. VESSELS ITINERARY AND 
GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN 
INTO CONSIDERATION BY LAKES/USDA IN APPROVAL OF SUCH PART 
CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF LAKES 
CARGO TO DISCHARGE PORT(S).
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- 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.
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- OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS 
PERMITTED WITHOUT LAKES/USDA APPROVAL.
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- 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 LAKES 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.
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- 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).
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- 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.
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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.
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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). 
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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.
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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.
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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.
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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.
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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.
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LAKES RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.
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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 CHARTERERS AGENT AND 
1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.
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OWISE SUBJECT TO TERMS AND CONDITIONS OF LAKES CHARTER PARTY 
PROFORMA.
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OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC, 1101 CONNECTICUT AVENUE N.W., SUITE 900, WASHINGTON D.C. 20036, BY 1100 HRS ET SEPT 19, 2002.
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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 CMPLETE 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 SEPT 20, 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 SEPT 25, 2002. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY LAKES AND USDA.
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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

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