Senegal Award09-021B

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09-021B Senegal Re-Tender Award 2
February 18, 2010


FETTIG & DONALTY, INC ANNOUNCES AFRICARE SENEGAL FFP FREIGHT TENDER 09-021B RESULTS

OWNERS: FORTUNE MARITIME LLC
VESSEL; USA FLAG “ADVANTAGE”
CARGO: 5,500 MT BULK SB MEAL
P’CARGO W/11,360 MT BULK GRAINS TO COTONOU & NOUAKCHOTT
LOAD: 1 SB MISS RIVER
LAYDAYS: FEB 10-20, 2010
DISCHARGE: 1-2 SB DAKAR SENEGAL
FREIGHT RATE: USD 178.37 PER MT
TERMS: SCALE GROSS LOAD / 250 MT PHPD MAX 750 MT PD FREE OUT
DEM: USD 15,000/HD AT LOADPORT / USD 5,000 / HD AT DISPORT

FOR FURTHER INFO, PLS CONTACT FETTIG & DONALTY, INC AT 202-628-5700


09-021B Senegal Re-Tender Award 1
January 29, 2010

OWNERS: FORTUNE MARITIME LLC
VESSEL: “ADVANTAGE”
CARGO: 5,500 MT BULK SB MEAL
P’CARGO WITH 11,360 MT BULK GRAINS TO
COTONOU & NOUKCHOTT
LOADING: 1 SB MISS RIVER
LAYDAYS: FEB 10-20, 2010
DISCHARGE: 1-2 SB DAKAR
FREIGHT RATE: USD 178.37 PER MT BASIS TOTAL 16,860 MT CARGO 2 LDPTS / DISPORTS
TERMS: SCALE GROSS LOAD / 250 MT PH PD MAX 750 FREE OUT
DEM: 15,000 / HD AT LOADPORT
5,000 / HD AT DISPORT

FOR FURTHER INFO, PLS CONTACT FETTIG & DONALTY, INC AT 202-628-5700


09-021B Senegal Re-Tender Amendment
January 13, 2010

Note: Amended to correct date when offers due.

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR AFRICARE, ANNOUNCES AMENDED FREIGHT RE-TENDER, UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS (TANKERS AND TOWED BARGES ARE EXCLUDED) AS FOLLOWS:

F&D REF: AF339
IFB NUMBER: AFR-FFP-09-21B
CR-09-00594
1. COMMODITY/QUANTITY: APPROX. 5,500 MT SOYBEAN MEAL IN BULK.

OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN THE EVENT THAT THE QUANTITY PURCHASED IS MORE OR LESS THAN THE QUANTITY STATED IN THIS TENDER. CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.

IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES MUST BE DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO CHARTERER’S CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF CHARTERER’S CARGO. IF ARTIFICIAL SEPARATIONS OF PART CARGO, SAME TO BE APPROVED BY NCB PRIOR TO LOADING. AFRICARE (CHARTERERS) PROGRAM CONSIDERATIONS REQUIRE THAT FOR ANY PART/COMPLETION CARGO, VESSEL’S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY CHARTERERS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO IMPEDE TIMELY DELIVERY OF CARGO. AFRICARE RESERVES THE RIGHT TO REQUIRE VESSEL TO DISCHARGE THE CARGO BASIS “FIRST OUT” (DAKAR AS VESSEL’S FIRST PORT OF DISCHARGE).
2. LAYDAYS: FEBRUARY 10-20, 2010

OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL. VESSELS OFFERED WITH LAYDAYS / CANCELING BEYOND THOSE SPECIFIED ABOVE WILL NOT BE CONSIDERED.

3. NON-U.S. FLAG VESSELS MUST NOT BE OLDER THAN 20 YEARS AND MUST BE CLASSED HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL'S AGE, CLASS, TYPE, FLAG, OWNERSHIP OR CONFIGURATION WILL BE FOR OWNERS ACCOUNT,
BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U. S. FLAG VESSELS AND LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.  FOR U.S. FLAG VESSEL OFFERS ONLY: IF OFFERORS ASSERT THAT OVER AGE INSURANCE IS NOT APPLICABLE, THEN OFFER(S) MUST INCLUDE DOCUMENTARY EVIDENCE SUBSTANTIATING SAME. SUCH SUBSTANTIATION MUST BE CLEAR, SPECIFIC AND UP TO DATE. IN ANY CASE, SAME IS SUBJECT TO REVIEW AND ACCEPTANCE BY CHARTERERS AND CARGO RECEIVERS AND DOES NOT GUARANTEE RELIEF OF OWNERS’ OBLIGATION TO PAY FOR EXTRA INSURANCE SHOULD CHARTERERS/RECEIVERS DETERMINE SUBSTANTIATION TO BE INSUFFICIENT TO PROTECT THE CARGO INTERESTS.

OWNERS TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF VESSEL’S READINESS TO LOAD. PRE-ADVICE MUST BE RECEIVED BY FETTIG & DONALTY BY LATEST 11:00 HRS. WASHINGTON, D.C., TIME ON A REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON THE SAME DAY. PRE-ADVICE RECEIVED AFTER 11 A.M. WASHINGTON D.C. TIME ON A
REGULAR BUSINESS DAY OR ON A WEEKEND/HOLIDAY WILL BE CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY.

4.LOADING: 1/2 SB EACH, 1/2 SAFE PORT U. S. PORTS.
THE FOLLOWING AREAS ARE TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:
MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE
COLUMBIA RIVER DISTRICT, INCLUDING PORTLAND
SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO

5. VESSEL MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT 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 ALIMINUM PHOSPHIDE PREPARATION MUST BE CONTAINED IN PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR TWEEN-DECKERS AND BULK CARRIERS (INCLUDING PUSH MODE ITB), THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TUG BARGES OTHER THAN PUSH MODE ITBS, SURFACE APPLICATION WILL BE USED. IN ADDITION, TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND TO BE SUITABLE FOR FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED, AND PROVIDED CLEAN BILL(S) OF LADING WERE ISSUED, FUMIGATION COSTS IF ANY ARE FOR OWNERS’ (VESSEL’S) ACCOUNT. TIME TO COUNT FOR U.S. VESSELS AND NOT TO COUNT FOR NON-U.S. FLAG VESSELS.

6. DISCHARGING: 1-2 SAFE BERTH(S) DAKAR, SENEGAL

OWNERS ARE FULLY RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT WITH A PERMISSIBLE DRAFT AND WITHIN ALL PORT RESTRICTIONS. OWNERS ARE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING PERMISSIBLE DRAFT. IF FULL OR PARTIAL LIGHTENING REQUIRED, LIGHTERAGE INTO ONE SUITABLE DAUGHTER VESSEL IS FOR OWNERS’ TIME, RISK AND EXPENSE. THE DAUGHTER VESSEL MUST BE CERTIFIED FIT FOR RECEIPT OF CARGO BY A FIRST CLASS INDEPENDENT SURVEYOR AND PROVIDE ALL GEAR, REQUIRED TO MAINTAIN THE GUARANTEED DISCHARGE RATE. DAUGHTER AND/OR PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE DISCHARGE PORT AUTHORITY. ANY LIGHTENING MUST BE PERFORMED IN THE TERRITORIAL WATERS OF SENEGAL.

7. FREIGHT RATE: TO BE QUOTED PER METRIC TON BASIS ONE LOADPORT TO ONE DISCHARGE PORT. ANY ADDITIONAL PREMIUMS ARE TO BE STATED IN THE OFFER SEPARATELY.

IF OWNER INTENDS TO LIGHTEN, THE OFFER TO SPECIFY THE COST OF LIGHTENING AND WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING IS NOT PERFORMED AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH, USDA WILL DEDUCT THE COST OF LIGHTENING FROM THE OCEAN FREIGHT.  OFFERS TO SPECIFY DEM/DES RATES AT LOAD AND DISCHARGE PORT. DESPATCH RATES MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.  OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:  VESSEL’S CURRENT POSITION, ITINERARY, TRANSIT TIME TO DISCHARGE PORT, NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED DRAFT, GEAR, SPEED AND NO. OF HOLDS/HATCHES.

8. FREIGHT PAYMENT:
PAYMENT OF 100% OF TOTAL FREIGHT WILL BE PAYABLE IN ACCORDANCE WITH C/P TERMS UPON VESSEL’S ARRIVAL AT DISCHARGE PORT.

9. TERMS AND CONDITIONS:
LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON VESSEL'S 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. ANY STOWING AND/OR TRIMMING TO BE FOR OWNER’S ACCOUNT.

BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9999.99 MT 4000 MT PER DAY
10000 - 19,999.99 MT 5000 MT PER DAY
20000 - 29,999.99 MT 6000 MT PER DAY
30000 - 39,999.99 MT 7500 MT PER DAY
40000 - 49,999.99 MT 10000 MT PER DAY
50000 MT AND ABOVE 12000 MT PER DAY
TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.

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 TO ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION, INC. F.O.B. CONTRACT NO. 2 (REVISED AS OF MAY 1, 2000) CLAUSES NO. 1-10 INCLUSIVE, (HEREINAFTER N.A.E.G.A.) REGARDLESS OF TYPE OF VESSEL. FURTHER, THE FOLLOWING MODIFICATIONS TO N.A.E.G.A. WILL APPLY: ANYWHERE THE WORD "BUYER" APPEARS, THE WORDS "VESSEL OWNER" SHOULD BE SUBSTITUTED IN ITS PLACE. UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNERS AND THE COMMODITY SUPPLIER(S). ANY/ALL DISPUTES BETWEEN VESSEL OWNERS AND THE COMMODITY SUPPLIER(S) 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.

10. DISCHARGE TERMS: THE CARGO IS TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 250 MT (2,204.6 LBS) PER WORKING HATCH PER WEATHER WORKING DAY, MAX 750 MT PER WEATHER WORKING DAY. WEATHER WORKING DAYS ARE OF 24 HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED, EVEN IF USED (WWDSSHEX EIU) ON THE BASIS OF THE TOTAL BILL(S) OF LADING WEIGHT. TIME FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY BEFORE HOLIDAY) THROUGH 0800 HRS LOCAL TIME MONDAY (OR DAY AFTER HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. FOR LASH/SEABEE BARGES, NO DISCHARGE GUARANTEE RATE TO APPLY.

VESSEL TO PROVIDE ANY/ALL NECESSARY AND CAPABLE CRANES, GEAR, ACCESSORIES, TECHNICIANS ETC. FOR EACH WORKING HATCH/HOLD TO MAINTAIN THE APPLICABLE DISCHARGE RATE ABOVE. VACUVATOR OR MARINE LEG DISCHARGE IS NOT PERMITTED. NOTICE OF READINESS TO DISCHARGE MAY NOT BE TENDERED BEFORE VESSEL IS FULLY EQUIPPED WITH SUFFICIENT DISCHARGING EQUIPMENT IN ALL RESPECTS READY TO OPERATE. GEAR PROVIDED BY VESSEL MUST ALSO BE CAPABLE OF LIFTING EQUIPMENT NECESSARY FOR TRIMMING AND BREAKING UP ANY CAKED CARGO IN/OUT OF ALL HOLDS. ANY SHORE GEAR REQUIRED FOR DISCHARGE OR FOR LIFTING IN/OUT OF EQUIPMENT MUST BE FURNISHED AT OWNERS’ TIME, RISK AND EXPENSE. VESSEL AND GEAR MUST MEET ALL REQUIREMENTS OF THE RECEIVERS AND THE PORT AUTHORITY OF DAKAR.  MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL’S CREW FREE OF CHARGE TO CHARTERERS.

11. DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN CHARTERER AND VESSEL OWNER. VESSEL OWNER IS TO PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT TO CHARTERER’S AGENT, FETTIG & DONALTY, INC., WASHINGTON, D.C., FOR APPROVAL WITHIN THIRTY DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED ON BEHALF OF CHARTERERS AND VESSEL OWNER ARE TO BE
PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT. UNDER NO
CIRCUMSTANCES SHALL CCC BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE CHARTERER AND THE VESSEL OWNER. 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 OF MARITIME ARBITRATORS, INC.

12. OWNER'S TO APPOINT AND PAY FOR CHARTERERS’ NOMINATED AGENT AT DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.

13. VESSELS OVER 15 YEARS OF AGE AND ITB'S / TUG-BARGE TO PROVIDE ADDITIONAL CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY OTHER OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.THE SEALING SHALL BE DONE TO THE SATISFACTION OF ATTENDING NCB SURVEYOR AS ATTESTED BY A SPECIAL SURVEY. COST OF SEALING HATCH COVERS/OPENINGS TO CARGO SPACES AS WELL AS SPECIAL SURVEY FEES SHALL BE FOR VESSEL OWNERS’ ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS’ LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO. COPY OF SAID CERTIFICATE TO BE SUBMITTED TO CHARTERERS’ AGENT AT TIME OF TENDER OF NOTICE TO LOAD.

14. OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S COSTS PRIOR TO SUBMISSION OF THE OFFER.  U.S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL WILL NOT BE CONSIDERED. IF MARAD APPROVAL OF VESSEL IS REQUIRED, IT MUST BE OBTAINED PRIOR TO SUBMISSION OF OFFER.  U.S. FLAG APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT THE ORIGINAL APPROVED VESSEL (INCLUDING ITB'S) IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S. GOVERNMENT.

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 MARAD FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.

NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. OR FOREIGN FLAG SHIPMENTS.  U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATE FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL IS EITHER SCRAPPED OR VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER OWNER AFTER DISCHARGE AT DESTINATION, BUT PRIOR TO ITS RETURN TO THE UNITED STATES.

15. ISM /ISPS:
CARRIER/OWNER GUARANTEES THAT THIS VESSEL, IF REQUIRED BY THE ISM (NON SELF-PROPELLED BARGES ARE EXEMPT) AND ISPS CODE ISSUED IN ACCORDANCE WITH INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (1974) AS AMENDED (SOLAS), COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND PORT FACILITIES SECURITY (ISPS) CODE AND WILL REMAIN SO FOR THE ENTIRETY OF HER EMPLOYMENT UNDER THE CHARTER. UPON REQUEST, CARRIERS TO PROVIDE SHIPPERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARD TO THE ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD TO THE ISPS CODE. CARRIERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE CARRIER OR THE VESSEL
BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

16. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C. SECTION 3202 (E)) ESTABLISHES, EFFECTIVE JANUARY 1, 1999, WITH RESPECT TO NON-U.S. FLAG VESSELS AND OPERATORS/OWNERS, THAT SUBSTANDARD VESSELS AND VESSELS OPERATED BY OPERATORS 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. OWNERS TO WARRANT THAT VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THE CARGO.

FOR NON-U.S. FLAG VESSELS, ONLY FIRM OFFERS WILL BE CONSIDERED. FOR U.S. FLAG OFFERS, OFFERS THAT ARE "SUBJECT OPEN" WILL ONLY BE CONSIDERED WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1500 HRS WASHINGTON DC TIME JANUARY 19, 2010, COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT TO CHARTERER’S AGENT, IF OFFERED DIRECT. IF BROKER INVOLVED, 2/3 OF 2.5% TO CHARTERER’S AGENT AND 1/3 OF 2.5% TO BROKER.  THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.  ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME. LATE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX
TO:
FETTIG & DONALTY, INC.
1225 EYE STREET, NW; SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE APPLICABLE RULES AND REGULATIONS OF THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO USDA AND AFRICARE APPROVAL.  OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS. JANUARY 19, 2010 AND ARE TO REMAIN VALID UNTIL 1700 HRS JANUARY 20, 2010. TELEFAX OFFERS WHICH START PRINTING BY 1100 HRS JANUARY 19, 2010 AND CONTINUE TO PRINT PAST THAT TIME WILL BE CONSIDERED AS BEING RECEIVED ON-TIME.

-ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. AT THAT TIME. ONLY OFFERS THAT ARE RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO NEGOTIATION WILL BE PERMITTED.

- ALL OFFERS AND AWARDS ARE SUBJECT TO THE PROVISIONS OF THE FOOD FOR PROGRESS ACT OF 1985.

OFFERS ARE TO BE SUBMITTED BASIS THE AFRICARE 2009 BULK SOYBEAN MEAL PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).
FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC.
AT 202-628-5700.

ISSUED JANUARY 13, 2010

END


09-021B Senegal Re-Tender
January 13, 2010


FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR AFRICARE, ANNOUNCE A FREIGHT RE-TENDER, UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS (TANKERS AND TOWED BARGES ARE EXCLUDED) AS FOLLOWS:

F&D REF: AF339
IFB NUMBER: AFR-FFP-09-21B
CR-09-00594

1. COMMODITY/QUANTITY: APPROX. 5,500 MT SOYBEAN MEAL IN BULK.

OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN THE EVENT THAT THE QUANTITY PURCHASED IS MORE OR LESS THAN THE QUANTITY STATED IN THIS TENDER. CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.

IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES MUST BE DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO CHARTERER’S CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF CHARTERER’S CARGO. IF ARTIFICIAL SEPARATIONS OF PART CARGO, SAME TO BE APPROVED BY NCB PRIOR TO LOADING.  AFRICARE (CHARTERERS) PROGRAM CONSIDERATIONS REQUIRE THAT FOR ANY PART/COMPLETION CARGO, VESSEL’S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY CHARTERERS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO IMPEDE TIMELY DELIVERY OF CARGO. AFRICARE RESERVES THE RIGHT TO REQUIRE VESSEL TO DISCHARGE THE CARGO BASIS “FIRST OUT” (DAKAR AS VESSEL’S FIRST PORT OF DISCHARGE).
2. LAYDAYS: FEBRUARY 10-20, 2010

OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL. VESSELS OFFERED WITH LAYDAYS / CANCELING BEYOND THOSE SPECIFIED ABOVE WILL NOT BE CONSIDERED.

3. NON-U.S. FLAG VESSELS MUST NOT BE OLDER THAN 20 YEARS AND MUST BE CLASSED HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL'S AGE, CLASS, TYPE, FLAG, OWNERSHIP OR CONFIGURATION WILL BE FOR OWNERS ACCOUNT,
BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U. S. FLAG VESSELS AND LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.  FOR U.S. FLAG VESSEL OFFERS ONLY: IF OFFERORS ASSERT THAT OVER AGE INSURANCE IS NOT APPLICABLE, THEN OFFER(S) MUST INCLUDE DOCUMENTARY EVIDENCE SUBSTANTIATING SAME. SUCH SUBSTANTIATION MUST BE CLEAR, SPECIFIC AND UP TO DATE. IN ANY CASE, SAME IS SUBJECT TO REVIEW AND ACCEPTANCE BY CHARTERERS AND CARGO RECEIVERS AND DOES NOT GUARANTEE RELIEF OF OWNERS’ OBLIGATION TO PAY FOR EXTRA INSURANCE SHOULD CHARTERERS/RECEIVERS DETERMINE SUBSTANTIATION TO BE INSUFFICIENT TO PROTECT THE CARGO INTERESTS.

OWNERS TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF VESSEL’S READINESS TO LOAD. PRE-ADVICE MUST BE RECEIVED BY FETTIG & DONALTY BY LATEST 11:00 HRS.  WASHINGTON, D.C., TIME ON A REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON THE SAME DAY. PRE-ADVICE RECEIVED AFTER 11 A.M. WASHINGTON D.C. TIME ON A
REGULAR BUSINESS DAY OR ON A WEEKEND/HOLIDAY WILL BE CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY.

4.LOADING: 1/2 SB EACH, 1/2 SAFE PORT U. S. PORTS.  THE FOLLOWING AREAS ARE TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:  MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE COLUMBIA RIVER DISTRICT, INCLUDING PORTLAND
SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO

5. VESSEL MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT 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 ALIMINUM PHOSPHIDE PREPARATION MUST BE CONTAINED IN PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR TWEEN-DECKERS AND BULK CARRIERS (INCLUDING PUSH MODE ITB), THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TUG BARGES OTHER THAN PUSH MODE ITBS, SURFACE APPLICATION WILL BE USED. IN ADDITION, TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND TO BE SUITABLE FOR FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED, AND PROVIDED CLEAN BILL(S) OF LADING WERE ISSUED, FUMIGATION COSTS IF ANY ARE FOR OWNERS’ (VESSEL’S) ACCOUNT. TIME TO COUNT FOR U.S. VESSELS AND NOT TO COUNT FOR NON-U.S. FLAG VESSELS.

6. DISCHARGING: 1-2 SAFE BERTH(S) DAKAR, SENEGAL

OWNERS ARE FULLY RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT WITH A PERMISSIBLE DRAFT AND WITHIN ALL PORT RESTRICTIONS. OWNERS ARE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING PERMISSIBLE DRAFT. IF FULL OR PARTIAL LIGHTENING REQUIRED, LIGHTERAGE INTO ONE SUITABLE DAUGHTER VESSEL IS FOR OWNERS’ TIME, RISK AND EXPENSE. THE DAUGHTER VESSEL MUST BE CERTIFIED FIT FOR RECEIPT OF CARGO BY A FIRST CLASS INDEPENDENT SURVEYOR AND PROVIDE ALL GEAR, REQUIRED TO MAINTAIN THE GUARANTEED DISCHARGE RATE. DAUGHTER AND/OR PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE DISCHARGE PORT AUTHORITY. ANY LIGHTENING MUST BE PERFORMED IN THE TERRITORIAL WATERS OF SENEGAL.

7. FREIGHT RATE: TO BE QUOTED PER METRIC TON BASIS ONE LOADPORT TO ONE DISCHARGE PORT. ANY ADDITIONAL PREMIUMS ARE TO BE STATED IN THE OFFER SEPARATELY.

IF OWNER INTENDS TO LIGHTEN, THE OFFER TO SPECIFY THE COST OF LIGHTENING AND WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING IS NOT PERFORMED AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH, USDA WILL DEDUCT THE COST OF LIGHTENING FROM THE OCEAN FREIGHT.  OFFERS TO SPECIFY DEM/DES RATES AT LOAD AND DISCHARGE PORT. DESPATCH RATES MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.  OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:  VESSEL’S CURRENT POSITION, ITINERARY, TRANSIT TIME TO DISCHARGE PORT, NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED DRAFT, GEAR, SPEED AND NO. OF HOLDS/HATCHES.

8. FREIGHT PAYMENT:
PAYMENT OF 100% OF TOTAL FREIGHT WILL BE PAYABLE IN ACCORDANCE WITH C/P TERMS UPON VESSEL’S ARRIVAL AT DISCHARGE PORT.

9. TERMS AND CONDITIONS:
LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON VESSEL'S 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. ANY STOWING AND/OR TRIMMING TO BE FOR OWNER’S ACCOUNT.

BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9999.99 MT 4000 MT PER DAY
10000 - 19,999.99 MT 5000 MT PER DAY
20000 - 29,999.99 MT 6000 MT PER DAY
30000 - 39,999.99 MT 7500 MT PER DAY
40000 - 49,999.99 MT 10000 MT PER DAY
50000 MT AND ABOVE 12000 MT PER DAY
TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.

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 TO ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION, INC. F.O.B. CONTRACT NO.  2 (REVISED AS OF MAY 1, 2000) CLAUSES NO. 1-10 INCLUSIVE, (HEREINAFTER N.A.E.G.A.) REGARDLESS OF TYPE OF VESSEL.  FURTHER, THE FOLLOWING MODIFICATIONS TO N.A.E.G.A. WILL APPLY: ANYWHERE
THE WORD "BUYER" APPEARS, THE WORDS "VESSEL OWNER" SHOULD BE SUBSTITUTED IN ITS PLACE. UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNERS AND THE COMMODITY SUPPLIER(S). ANY/ALL DISPUTES BETWEEN VESSEL OWNERS AND THE COMMODITY SUPPLIER(S) 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.

10. DISCHARGE TERMS: THE CARGO IS TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 250 MT (2,204.6 LBS) PER WORKING HATCH PER WEATHER WORKING DAY, MAX 750 MT PER WEATHER WORKING DAY. WEATHER WORKING DAYS ARE OF 24 HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED, EVEN IF USED (WWDSSHEX EIU) ON THE BASIS OF THE TOTAL BILL(S) OF LADING WEIGHT. TIME FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY BEFORE HOLIDAY) THROUGH 0800 HRS LOCAL TIME MONDAY (OR DAY AFTER HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. FOR LASH/SEABEE BARGES, NO DISCHARGE GUARANTEE RATE TO APPLY.

VESSEL TO PROVIDE ANY/ALL NECESSARY AND CAPABLE CRANES, GEAR, ACCESSORIES, TECHNICIANS ETC. FOR EACH WORKING HATCH/HOLD TO MAINTAIN THE APPLICABLE DISCHARGE RATE ABOVE. VACUVATOR OR MARINE LEG DISCHARGE IS NOT PERMITTED. NOTICE OF READINESS TO DISCHARGE MAY NOT BE TENDERED BEFORE VESSEL IS FULLY EQUIPPED WITH SUFFICIENT DISCHARGING EQUIPMENT IN ALL RESPECTS READY TO OPERATE. GEAR PROVIDED BY VESSEL MUST ALSO BE CAPABLE OF LIFTING EQUIPMENT NECESSARY FOR TRIMMING AND BREAKING UP ANY CAKED CARGO IN/OUT OF ALL HOLDS. ANY SHORE GEAR REQUIRED FOR DISCHARGE OR FOR LIFTING IN/OUT OF EQUIPMENT MUST BE FURNISHED AT OWNERS’ TIME, RISK AND EXPENSE. VESSEL AND GEAR MUST MEET ALL REQUIREMENTS OF THE RECEIVERS AND THE PORT AUTHORITY OF DAKAR.  MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL’S CREW FREE OF CHARGE TO CHARTERERS.
 
11. DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN CHARTERER AND VESSEL OWNER. VESSEL OWNER IS TO PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT TO CHARTERER’S AGENT, FETTIG & DONALTY, INC., WASHINGTON, D.C., FOR APPROVAL WITHIN THIRTY DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED ON BEHALF OF CHARTERERS AND VESSEL OWNER ARE TO BE PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT. UNDER NO CIRCUMSTANCES SHALL CCC BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE CHARTERER AND THE VESSEL OWNER. 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 OF MARITIME ARBITRATORS, INC.

12. OWNER'S TO APPOINT AND PAY FOR CHARTERERS’ NOMINATED AGENT AT DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.

13. VESSELS OVER 15 YEARS OF AGE AND ITB'S / TUG-BARGE TO PROVIDE ADDITIONAL CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY OTHER OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.THE SEALING SHALL BE DONE TO THE SATISFACTION OF ATTENDING NCB SURVEYOR AS ATTESTED BY A SPECIAL SURVEY. COST OF SEALING HATCH COVERS/OPENINGS TO CARGO SPACES AS WELL AS SPECIAL SURVEY FEES SHALL BE FOR VESSEL OWNERS’ ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS’ LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO. COPY OF SAID CERTIFICATE TO BE SUBMITTED TO CHARTERERS’ AGENT AT TIME OF TENDER OF NOTICE TO LOAD.

14. OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S COSTS PRIOR TO SUBMISSION OF THE OFFER.  U.S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL WILL NOT BE CONSIDERED. IF MARAD APPROVAL OF VESSEL IS REQUIRED, IT MUST BE OBTAINED PRIOR TO SUBMISSION OF OFFER.  U.S. FLAG APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT THE ORIGINAL APPROVED VESSEL (INCLUDING ITB'S) IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S. GOVERNMENT.

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 MARAD FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.

NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. OR FOREIGN FLAG SHIPMENTS.  U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATE FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL IS EITHER SCRAPPED OR VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER OWNER AFTER DISCHARGE AT DESTINATION, BUT PRIOR TO ITS RETURN TO THE UNITED STATES.

15. ISM /ISPS:
CARRIER/OWNER GUARANTEES THAT THIS VESSEL, IF REQUIRED BY THE ISM (NON SELF-PROPELLED BARGES ARE EXEMPT) AND ISPS CODE ISSUED IN ACCORDANCE WITH INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (1974) AS AMENDED (SOLAS), COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND PORT FACILITIES SECURITY (ISPS) CODE AND WILL REMAIN SO FOR THE ENTIRETY OF HER EMPLOYMENT UNDER THE CHARTER. UPON REQUEST, CARRIERS TO PROVIDE SHIPPERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARD TO THE ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD TO THE ISPS CODE. CARRIERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE CARRIER OR THE VESSEL
BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

16. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C. SECTION 3202 (E)) ESTABLISHES, EFFECTIVE JANUARY 1, 1999, WITH RESPECT TO NON-U.S. FLAG VESSELS AND OPERATORS/OWNERS, THAT SUBSTANDARD VESSELS AND VESSELS OPERATED BY OPERATORS 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. OWNERS TO WARRANT THAT VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THE CARGO.

FOR NON-U.S. FLAG VESSELS, ONLY FIRM OFFERS WILL BE CONSIDERED. FOR U.S. FLAG OFFERS, OFFERS THAT ARE "SUBJECT OPEN" WILL ONLY BE CONSIDERED WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1500 HRS WASHINGTON DC TIME FEBRUARY 19, 2010 COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT TO CHARTERER’S AGENT, IF OFFERED DIRECT. IF BROKER INVOLVED, 2/3 OF 2.5% TO CHARTERER’S AGENT AND 1/3 OF 2.5% TO BROKER.  THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.  ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME. LATE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX
TO:
FETTIG & DONALTY, INC.
1225 EYE STREET, NW; SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276
ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE APPLICABLE RULES AND REGULATIONS OF THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO USDA AND AFRICARE APPROVAL.  OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS. FEBRUARY 19, 2010 AND ARE TO REMAIN VALID UNTIL 1700 HRS FEBRUARY 20, 2010. TELEFAX OFFERS WHICH START PRINTING BY 1100 HRS FEBRUARY 19, 2010 AND CONTINUE TO PRINT PAST THAT TIME WILL BE CONSIDERED AS BEING RECEIVED ON-TIME. 

-ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. AT THAT TIME. ONLY OFFERS THAT ARE RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO NEGOTIATION WILL BE PERMITTED.

- ALL OFFERS AND AWARDS ARE SUBJECT TO THE PROVISIONS OF THE FOOD FOR PROGRESS ACT OF 1985.

OFFERS ARE TO BE SUBMITTED BASIS THE AFRICARE 2009 BULK SOYBEAN MEAL PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).
FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC.
AT 202-628-5700.

ISSUED JANUARY 13, 2010

END

09-021B Senegal Tender Cancellation
September 29, 2009

FETTIG & DONALTY, INC. CANCELS FOOD FOR PROGRESS FREIGHT TENDER 09-021B FOR BULK SOYBEAN MEAL TO SENEGAL ON BEHALF OF AFRICARE

FREIGHT TENDER WILL BE RE-ISSUED AT A LATER DATE.

FOR FURTHER INFO, PLEASE CONTACT FETTIG & DONALTY, INC AT 202-628-5700

09-021B Senegal Amendment
September 22, 2009

FETTIG & DONALTY, INC. AMENDS FOOD FOR PROGRESS FREIGHT TENDER 09-021B FOR BULK SOYBEAN MEAL TO SENEGAL ON BEHALF OF AFRICARE

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR AFRICARE, AMENDS AFRICARE FFP SENEGAL FREIGHT TENDER 09-021B AS FOLLOWS:

1) TANKERS AND TOWED TUG-BARGES ARE EXCLUDED.

2) VESSEL MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT 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 ALIMINUM PHOSPHIDE PREPARATION MUST BE CONTAINED IN PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR TWEEN-DECKERS AND BULK CARRIERS (INCLUDING PUSH MODE ITB), THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TUG BARGES OTHER THAN PUSH MODE ITBS, SURFACE APPLICATION WILL BE USED. IN ADDITION, TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND TO BE SUITABLE FOR FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.
OTHERWISE TERMS AND CONDITIONS OF ORIGINAL FREIGHT TENDER DATED SEPT. 22, 2009 AND AFRICARE SENEGAL FFP PRO-FORMA TO APPLY.

FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC AT 202-628-5700

09-021B Senegal Tender
September 22, 2009


FETTIG & DONALTY, INC. ANNOUNCES FOOD FOR PROGRESS FREIGHT TENDER 09-021B FOR BULK SOYBEAN MEAL TO SENEGAL ON BEHALF OF AFRICARE

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR AFRICARE, ANNOUNCE A FREIGHT TENDER, UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS (TANKERS ARE EXCLUDED) AS FOLLOWS:

F&D REF: AF339
IFB NUMBER: AFR-FFP-09-21B
CR-09-00594

1. COMMODITY/QUANTITY: APPROX. 5,500 MT SOYBEAN MEAL IN BULK.

OFFERORS SHOULD CONSIDER OFFERING VESSELS TO CARRY A RANGE OF TONNAGES IN THE EVENT THAT THE QUANTITY PURCHASED IS MORE OR LESS THAN THE QUANTITY STATED IN THIS TENDER. CONTRACTED QUANTITY TO BE ON A MIN/MAX BASIS.

IF VESSEL IS FIXED BASIS PART CARGO, ANY ADDITIONAL COMPLETION CARGOES MUST BE DULY SEPARATED AND MUST BE COMPATIBLE AND NON-INJURIOUS TO CHARTERER’S CARGO AND MUST BE DETAILED IN OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXTURE OF CHARTERER’S CARGO. IF ARTIFICIAL SEPARATIONS OF PART CARGO, SAME TO BE APPROVED BY NCB PRIOR TO LOADING. AFRICARE (CHARTERERS) PROGRAM CONSIDERATIONS REQUIRE THAT FOR ANY PART/COMPLETION CARGO, VESSEL’S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY CHARTERERS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO IMPEDE TIMELY DELIVERY OF CARGO. AFRICARE RESERVES THE RIGHT TO REQUIRE VESSEL TO DISCHARGE THE CARGO BASIS “FIRST OUT” (DAKAR AS VESSEL’S FIRST PORT OF DISCHARGE).

2. LAYDAYS: OCTOBER 16-26, 2009

OFFERS OF NAMED VESSELS ONLY WILL BE CONSIDERED. OWNERS WILL NOT HAVE THE RIGHT TO SUBSTITUTE WITHOUT CHARTERERS AND USDA APPROVAL. VESSELS OFFERED WITH LAYDAYS / CANCELING BEYOND THOSE SPECIFIED ABOVE WILL NOT BE CONSIDERED.

3. NON-U.S. FLAG VESSELS MUST NOT BE OLDER THAN 20 YEARS AND MUST BE CLASSED HIGHEST LLOYDS REGISTER OR EQUIVALENT. DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. ANY EXTRA INSURANCE ON ACCOUNT OF VESSEL'S AGE, CLASS, TYPE, FLAG, OWNERSHIP OR CONFIGURATION WILL BE FOR OWNERS ACCOUNT,
BUT NOT EXCEEDING NEW YORK MARKET RATES FOR U. S. FLAG VESSELS AND LONDON MARKET RATES FOR NON U.S. FLAG VESSELS.

FOR U.S. FLAG VESSEL OFFERS ONLY: IF OFFERORS ASSERT THAT OVER AGE INSURANCE IS NOT APPLICABLE, THEN OFFER(S) MUST INCLUDE DOCUMENTARY EVIDENCE SUBSTANTIATING SAME. SUCH SUBSTANTIATION MUST BE CLEAR, SPECIFIC AND UP TO DATE. IN ANY CASE, SAME IS SUBJECT TO REVIEW AND ACCEPTANCE BY CHARTERERS AND CARGO RECEIVERS AND DOES NOT GUARANTEE RELIEF OF OWNERS’ OBLIGATION TO
PAY FOR EXTRA INSURANCE SHOULD CHARTERERS/RECEIVERS DETERMINE SUBSTANTIATION TO BE INSUFFICIENT TO PROTECT THE CARGO INTERESTS.

OWNERS TO PROVIDE MINIMUM 14 DAYS PRE-ADVICE OF VESSEL’S READINESS TO LOAD. PRE-ADVICE MUST BE RECEIVED BY FETTIG & DONALTY BY LATEST 11:00 HRS. WASHINGTON, D.C., TIME ON A REGULAR BUSINESS DAY TO BE CONSIDERED RECEIVED ON THE SAME DAY. PRE-ADVICE RECEIVED AFTER 11 A.M. WASHINGTON D.C. TIME ON A
REGULAR BUSINESS DAY OR ON A WEEKEND/HOLIDAY WILL BE CONSIDERED RECEIVED ON THE NEXT BUSINESS DAY.

4.LOADING: 1/2 SB EACH, 1/2 SAFE PORT U. S. PORTS.  THE FOLLOWING AREAS ARE TO BE CONSIDERED, RESPECTIVELY, AS ONE PORT:  MISSISSIPPI RIVER, NOT NORTH OF BUT INCLUDING BATON ROUGE COLUMBIA RIVER DISTRICT, INCLUDING PORTLAND
SAN FRANCISCO BAY AREA, INCLUDING STOCKTON/SACRAMENTO

5. VESSEL MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE
PREPARATION IN-TRANSIT 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. FUMIGATION MUST BE WITNESSED BY FGIS, USDA AND THE ALIMINUM PHOSPHIDE PREPARATION MUST BE CONTAINED IN
PACKAGING AS DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR TWEEN-DECKERS AND BULK CARRIERS (INCLUDING PUSH MODE ITB), THE RECIRCULATION METHOD OF FUMIGATION WILL BE USED. FOR TUG BARGES OTHER THAN PUSH MODE ITBS, SURFACE APPLICATION WILL BE USED. IN ADDITION, TWEEN-DECK VESSELS ARE ACCEPTABLE ONLY WHEN A CERTIFIED APPLICATOR STATES THAT THE VESSEL HAS BEEN INSPECTED AND FOUND TO BE SUITABLE FOR FUMIGATION AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER.

AT THE DISCHARGE PORT AND UPON INSPECTION BY GOVERNMENT INSPECTORS, IF CARGO AND/OR VESSEL IS FOUND TO BE INFESTED, AND PROVIDED CLEAN BILL(S) OF LADING WERE ISSUED, FUMIGATION COSTS IF ANY ARE FOR OWNERS’ (VESSEL’S) ACCOUNT. TIME TO COUNT FOR U.S. VESSELS AND NOT TO COUNT FOR NON-U.S. FLAG VESSELS.

6. DISCHARGING: 1-2 SAFE BERTH(S) DAKAR, SENEGAL

OWNERS ARE FULLY RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT WITH A PERMISSIBLE DRAFT AND WITHIN ALL PORT RESTRICTIONS. OWNERS ARE FULLY RESPONSIBLE FOR ANY AND ALL COSTS IN REACHING PERMISSIBLE DRAFT. IF FULL OR PARTIAL LIGHTENING REQUIRED, LIGHTERAGE INTO ONE SUITABLE DAUGHTER VESSEL IS FOR OWNERS’ TIME, RISK AND EXPENSE. THE DAUGHTER VESSEL MUST BE CERTIFIED FIT FOR RECEIPT OF CARGO BY A FIRST CLASS INDEPENDENT SURVEYOR AND PROVIDE ALL GEAR, REQUIRED TO MAINTAIN THE GUARANTEED DISCHARGE RATE. DAUGHTER AND/OR PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE DISCHARGE PORT AUTHORITY. ANY LIGHTENING MUST BE PERFORMED IN THE TERRITORIAL WATERS OF SENEGAL.

7. FREIGHT RATE: TO BE QUOTED PER METRIC TON BASIS ONE LOADPORT TO ONE DISCHARGE PORT. ANY ADDITIONAL PREMIUMS ARE TO BE STATED IN THE OFFER SEPARATELY.

IF OWNER INTENDS TO LIGHTEN, THE OFFER TO SPECIFY THE COST OF LIGHTENING AND WHETHER PARTIAL OR FULL LIGHTENING. IF INTENDED LIGHTENING IS NOT PERFORMED AT DISCHARGE PORT AND VESSEL DISCHARGES DIRECTLY AT BERTH, USDA WILL DEDUCT THE COST OF LIGHTENING FROM THE OCEAN FREIGHT.  OFFERS TO SPECIFY DEM/DES RATES AT LOAD AND DISCHARGE PORT. DESPATCH RATES MUST BE ONE-HALF OF DEMURRAGE RATES QUOTED. LAYTIME IS NON-REVERSIBLE.  OFFERORS ARE ENCOURAGED TO PROVIDE USUAL INFORMATION SUCH AS:  VESSEL’S CURRENT POSITION, ITINERARY, TRANSIT TIME TO DISCHARGE PORT, NAME OF OWNERS/OPERATORS, FLAG, YEAR BUILT, TYPE, LOA, BEAM, FULLY LOADED DRAFT, GEAR, SPEED AND NO. OF HOLDS/HATCHES.

8. FREIGHT PAYMENT:
PAYMENT OF 100% OF TOTAL FREIGHT WILL BE PAYABLE IN ACCORDANCE WITH C/P TERMS UPON VESSEL’S ARRIVAL AT DISCHARGE PORT.

9. TERMS AND CONDITIONS:
LOAD TERMS: CARGO TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS DELINEATED BELOW ON VESSEL'S 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. ANY STOWING AND/OR TRIMMING TO BE FOR OWNER’S ACCOUNT.

BULK CARRIERS:
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE
-------------------------- -----------------
0 - 9999.99 MT 4000 MT PER DAY
10000 - 19,999.99 MT 5000 MT PER DAY
20000 - 29,999.99 MT 6000 MT PER DAY
30000 - 39,999.99 MT 7500 MT PER DAY
40000 - 49,999.99 MT 10000 MT PER DAY
50000 MT AND ABOVE 12000 MT PER DAY
TWEENDECKERS: 3000 MT PER DAY
LASH/SEABEE BARGES: LOAD GUARANTEE NOT TO APPLY.

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 TO ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION, INC. F.O.B. CONTRACT NO. 2 (REVISED AS OF MAY 1, 2000) CLAUSES NO. 1-10 INCLUSIVE, (HEREINAFTER N.A.E.G.A.) REGARDLESS OF TYPE OF VESSEL. FURTHER, THE FOLLOWING MODIFICATIONS TO N.A.E.G.A. WILL APPLY: ANYWHERE THE WORD "BUYER" APPEARS, THE WORDS "VESSEL OWNER" SHOULD BE SUBSTITUTED IN ITS PLACE. UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNERS AND THE COMMODITY SUPPLIER(S). ANY/ALL DISPUTES BETWEEN VESSEL OWNERS AND THE COMMODITY SUPPLIER(S) 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.

10. DISCHARGE TERMS: THE CARGO IS TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 250 MT (2,204.6 LBS) PER WORKING HATCH PER WEATHER WORKING DAY, MAX 750 MT PER WEATHER WORKING DAY. WEATHER WORKING DAYS ARE OF 24 HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCLUDED, EVEN IF USED (WWDSSHEX EIU) ON THE BASIS OF THE TOTAL BILL(S) OF LADING WEIGHT. TIME FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY BEFORE HOLIDAY) THROUGH 0800 HRS LOCAL TIME MONDAY (OR DAY AFTER HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. FOR LASH/SEABEE BARGES, NO DISCHARGE GUARANTEE RATE TO APPLY.

VESSEL TO PROVIDE ANY/ALL NECESSARY AND CAPABLE CRANES, GEAR, ACCESSORIES, TECHNICIANS ETC. FOR EACH WORKING HATCH/HOLD TO MAINTAIN THE APPLICABLE DISCHARGE RATE ABOVE. VACUVATOR OR MARINE LEG DISCHARGE IS NOT PERMITTED. NOTICE OF READINESS TO DISCHARGE MAY NOT BE TENDERED BEFORE VESSEL IS FULLY EQUIPPED WITH SUFFICIENT DISCHARGING EQUIPMENT IN ALL RESPECTS READY TO OPERATE. GEAR PROVIDED BY VESSEL MUST ALSO BE CAPABLE OF LIFTING EQUIPMENT NECESSARY FOR TRIMMING AND BREAKING UP ANY CAKED CARGO IN/OUT OF ALL HOLDS. ANY SHORE GEAR REQUIRED FOR DISCHARGE OR FOR LIFTING IN/OUT OF EQUIPMENT MUST BE FURNISHED AT OWNERS’ TIME, RISK AND EXPENSE. VESSEL AND GEAR MUST MEET ALL REQUIREMENTS OF THE RECEIVERS AND THE PORT AUTHORITY OF DAKAR.  MECHANICAL OR HYDRAULIC HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY VESSEL’S CREW FREE OF CHARGE TO CHARTERERS.

11. DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN CHARTERER AND VESSEL OWNER. VESSEL OWNER IS TO PREPARE AND SUBMIT SIGNED DISCHARGE PORT LAYTIME STATEMENT TO CHARTERER’S AGENT, FETTIG & DONALTY, INC., WASHINGTON, D.C., FOR APPROVAL WITHIN THIRTY DAYS OF COMPLETION OF DISCHARGE. DISCHARGE PORT NOTICE OF READINESS AND DISCHARGE PORT STATEMENT OF FACTS, BOTH SIGNED ON BEHALF OF CHARTERERS AND VESSEL OWNER ARE TO BE
PRESENTED WITH SIGNED DISCHARGE PORT LAYTIME STATEMENT. UNDER NO
CIRCUMSTANCES SHALL CCC BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE CHARTERER AND THE VESSEL OWNER. 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 OF MARITIME ARBITRATORS, INC.

12. OWNER'S TO APPOINT AND PAY FOR CHARTERERS’ NOMINATED AGENT AT DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.

13. VESSELS OVER 15 YEARS OF AGE AND ITB'S / TUG-BARGE TO PROVIDE ADDITIONAL CERTIFICATES FROM NCB CERTIFYING THAT VESSEL HATCH COVERS AND ANY OTHER OPENING LEADING TO CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO COMPARTMENTS.THE SEALING SHALL BE DONE TO THE SATISFACTION OF ATTENDING NCB SURVEYOR AS ATTESTED BY A SPECIAL SURVEY. COST OF SEALING HATCH COVERS/OPENINGS TO CARGO SPACES AS WELL AS SPECIAL SURVEY FEES SHALL BE FOR VESSEL OWNERS’ ACCOUNT. SPECIAL SURVEY CERTIFICATE SHALL IN NO WAY DIMINISH OWNERS’ LIABILITY AND RESPONSIBILITIES TOWARD THE CARGO. COPY OF SAID CERTIFICATE TO BE SUBMITTED TO CHARTERERS’ AGENT AT TIME OF TENDER OF NOTICE TO LOAD.

14. OFFERS OF THE U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL'S COSTS PRIOR TO SUBMISSION OF THE OFFER.  U.S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL WILL NOT BE CONSIDERED. IF MARAD APPROVAL OF VESSEL IS REQUIRED, IT MUST BE OBTAINED PRIOR TO SUBMISSION OF OFFER.  U.S. FLAG APPROVED FREIGHT RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE U.S. MARITIME ADMINISTRATION FAIR AND REASONABLE RATE IN THE EVENT THAT THE ORIGINAL APPROVED VESSEL (INCLUDING ITB'S) IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S. GOVERNMENT.

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 MARAD FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING OTHER ADDITIONAL CARGO.

NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) MAY NOT BE EMPLOYED TO CARRY U.S. OR FOREIGN FLAG SHIPMENTS.  U.S. FLAG NON-LINER VESSELS OVER 15 YEARS OLD MUST OFFER AN ALTERNATE FREIGHT RATE TO BE APPLICABLE IN THE EVENT THE VESSEL IS EITHER SCRAPPED OR VESSEL OWNERSHIP IS TRANSFERRED TO ANOTHER OWNER AFTER DISCHARGE AT DESTINATION, BUT PRIOR TO ITS RETURN TO THE UNITED STATES.

15. ISM /ISPS:
CARRIER/OWNER GUARANTEES THAT THIS VESSEL, IF REQUIRED BY THE ISM (NON SELF-PROPELLED BARGES ARE EXEMPT) AND ISPS CODE ISSUED IN ACCORDANCE WITH INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (1974) AS AMENDED (SOLAS), COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND PORT FACILITIES SECURITY (ISPS) CODE AND WILL REMAIN SO FOR THE ENTIRETY OF HER EMPLOYMENT UNDER THE CHARTER. UPON REQUEST, CARRIERS TO PROVIDE SHIPPERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARD TO THE ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD TO THE ISPS CODE. CARRIERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE CARRIER OR THE VESSEL
BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

16. SECTION 408 OF THE U.S. COAST GUARD AUTHORIZATION ACT OF 1998, PUBLIC LAW 105-383 (46 U.S.C. SECTION 3202 (E)) ESTABLISHES, EFFECTIVE JANUARY 1, 1999, WITH RESPECT TO NON-U.S. FLAG VESSELS AND OPERATORS/OWNERS, THAT SUBSTANDARD VESSELS AND VESSELS OPERATED BY OPERATORS 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. OWNERS TO WARRANT THAT VESSEL(S) ARE NOT DISQUALIFIED TO CARRY THE CARGO.

FOR NON-U.S. FLAG VESSELS, ONLY FIRM OFFERS WILL BE CONSIDERED. FOR U.S. FLAG OFFERS, OFFERS THAT ARE "SUBJECT OPEN" WILL ONLY BE CONSIDERED WHEN THE "SUBJECT OPEN" RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME SEPTEMBER 29, 2009.  COMMISSION - 2.5 PCT ON FREIGHT/DEADFREIGHT TO CHARTERER’S AGENT, IF OFFERED DIRECT.  IF BROKER INVOLVED, 2/3 OF 2.5% TO CHARTERER’S AGENT AND 1/3 OF 2.5% TO BROKER.  THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.  ONLY OFFERS IN WRITING WILL BE ACCEPTED. PHONE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME. LATE OFFERS WILL NOT BE CONSIDERED. OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX
TO:
FETTIG & DONALTY, INC.
1225 EYE STREET, NW; SUITE 1200
WASHINGTON, D.C. 20005
TELEFAX 202 639 8276

ALL OFFERS AND SUBSEQUENT AWARDS ARE SUBJECT TO THE APPLICABLE RULES AND REGULATIONS OF THE FOOD FOR PROGRESS PROGRAM. ALL AWARDS WILL BE SUBJECT TO USDA AND AFRICARE APPROVAL.  OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS. SEPTEMBER 28, 2009 AND ARE TO REMAIN VALID UNTIL 1700 HRS SEPTEMBER 30, 2009. TELEFAX OFFERS WHICH START PRINTING BY 1100 HRS SEPTEMBER 28, 2009 AND CONTINUE TO PRINT PAST THAT TIME WILL BE CONSIDERED AS BEING RECEIVED ON-TIME.

-ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE OFFICES OF
FETTIG & DONALTY, INC. AT THAT TIME. ONLY OFFERS THAT ARE RESPONSIVE TO THE TERMS OF THE TENDER WILL BE CONSIDERED AND NO NEGOTIATION WILL BE PERMITTED.

- ALL OFFERS AND AWARDS ARE SUBJECT TO THE PROVISIONS OF THE FOOD FOR PROGRESS ACT OF 1985.

OFFERS ARE TO BE SUBMITTED BASIS THE AFRICARE 2009 BULK SOYBEAN MEAL PROFORMA CHARTER PARTY (COPIES ARE AVAILABLE ON REQUEST).
FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC.
AT 202-628-5700.

ISSUED SEPTEMBER 22, 2009

END