Dominican Republic Award09-034B

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09-034B Dominican Republic Award
January 4, 2010

Fixture recap DR-FFP-09-034B

Cargo: 25,000 MT bulk wheat
Load: 1/2 sb. 1/2 sp U.S. Gulf
Laydays: Feb 1 - 10, 2010
Discharge 1/2 sb each Puerto Plata and Santo Domingo
Vessel: U.S. flag ITB bulk carrier PAT CANTRELL
Owners: United Ocean Services LLC
Freight rate:
U.S. dollars 51.24 per metric ton basis 1 load port/1 discharge port.
U.S. dollars 2.00 per metric ton additional for Mississippi River loading.
U.S. dollars 1.50 per metric ton additional for the quantity discharged at Puerto Plata.
U.S. dollars 4.00 per metric ton additional on entire cargo for second load berth if used.
U.S. dollars 6.50 per metric ton additional on entire cargo for second load port if used.
U.S. dollars 1.25 per metric ton additional on entire cargo for second discharge berth used at each discharge port.
U.S. dollars 3.75 per metric ton additional on entire cargo for second discharge port if used.
Demurrage / Despatch: At load: $17,00 / HD, At discharge: $12,000 / HD

Partenaire Co.
200 Park Avenue, Suite 104
Falls Church, VA 22046-4309
USA
Tel: 1-703-533-2225
Fax: 1-703-532-8181
Federal Maritime Commission License 022237F

09-034B Dominican Republic Tender
December 18, 2009

Freight tender DR-FFP-09-034B.
Partenaire Co. as agent for the Secretaria de Estado de Economia, Planificacion y Desarrollo (SEEPYD) of the Government of the Dominican Republic, subject to the provisions of the Food for Progress program, 7 CFR Parts 1496 and 1499, the Proforma NORGRAIN Charter Party adapted 2009, and the terms and conditions set forth below, invites firm offers of U.S. and non-U.S. flag named vessels (full or part cargo basis).

1. Offers.
Offers shall be received at the below address latest by:
11:00 AM December 28, 2009 and remain valid until:
18:00 PM December 30, 2009
All times Washington DC local time.

2. Cargo.
Wheat in bulk.

3. Quantity.
Approximately 25,000 metric tons. Contract quantity shall be on a min/max basis. Owners should consider offering vessel(s) to carry a wider range of tonnages in order to accommodate the program needs.

3.1. Part cargo offers.
Any additional completion cargo(es) must be duly separated by natural separations, must be compatible and non-injurious to the Dominican Republic wheat, must be detailed in the offer or approved by charterers/USDA if contracted after fixture of the Dominican Republic wheat. The Dominican Republic bulk wheat cargo shall be first out.

4. Laydays/canceling dates.  February 1 – 10, 2010. Offers with canceling date beyond the canceling date specified here will not be considered.

5. Preadvice.  Vessel shall give a minimum 14 days notice of ETA load port/range. The 14 day preadvice must be received by charterer's agent no later than 11:00 AM (Washington DC time) on the business day it is given. Preadvice received after that time will count as received on the next business day.

6. Loading.  Vessel shall load at 1/2 Safe Berth(s), 1/2 Safe Port(s) U.S. Port(s) or Canadian transshipment points. Offerors should specify the US coastal range and/or load port(s) which are applicable to their offer.

7. Discharging:  Vessel shall discharge at 1/2 Safe Berth(s) each 1/2 Port(s) in charterer's option out of: Puerto Plata (maximum draft 31 feet SW, maximum LOA 650 feet, maximum beam 110 feet) and/or Santo Domingo (maximum draft 26 feet BW, maximum LOA 600 feet, maximum beam 100 feet). Charterers’ intention to split discharge evenly between these two ports, without guarantee.  Vessels with longer LOA may be considered provided owners obtain written permission from the Port Authorities and the millers to enter, berth, and discharge. Such permission must be submitted with the offer.  Vessel is solely responsible for arriving at the discharge port(s) and berth(s) with a safe and acceptable draft and within acceptable vessel size restrictions.

8. Freight rate.  Freight rate shall be in U.S. dollars per metric ton basis 1 load port/1 discharge port. Additional freight charges must be specified for each additional load and discharge port(s), if used.

9. Freight payment.  Freight is payable by CCC when the vessel and cargo have arrived at the first or sole discharge port. For complete detail of the documentation required for freight payment, please refer to charter party proforma clause 46 and note provisions regarding payment by electronic transfer.

10. T erms.  Vessel Load / Free Out Discharge.

11. Load rate.  The cargo is to be loaded according to berth terms with customary despatch at the average rate as delineated below based on vessel's contracted quantity. The rates are basis tons of 2204.6 lbs per weather working day of 24 consecutive hours, Sunday and Holiday excepted even if used. Saturdays per BFC Saturday clause.

11.1. Bulk carriers (including bulk carrier barges):
Vessel contracted quantity Load rate
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
30,000 - 39,999.99 MT 7,500 MT Per Day
40,000 - 49,999.99 MT 10,000 MT Per Day
50,000 MT and above 12,000 MT Per Day

11.2. Tankers:
Vessel contracted quantity Load rate
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
30,000 MT and above 7,500 MT Per Day

11.3. Tweendeckers/liner vessels: the load rate shall be 3,000 MT per day.

11.4. LASH/Seabee barges: the load rates shall not apply.

11.5. 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. FOB contract No. 2 (revised as of May 1, 2000) clauses 1-10 inclusive, (hereinafter NAEGA) regardless of type of vessel. Further, the following modifications to NAEGA will apply: anywhere the word "buyer" appears, the words "shipowner" should be substituted in its place. Under no circumstances shall charterers or CCC 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.

12. Discharge rate.  Discharge rates are basis weather working days, Saturdays, Sundays, Holidays Excluded even if used (WWDSATSHEX EIU), always provided vessel and vessel gear can discharge at the charter party rate.

12.1. For bulk carriers including bulk carrier ocean barges:
Santo Domingo: 2,000 MT per day.
Puerto Plata: 1,500 MT per day provided minimum 2 available/workable holds.

12.2. For tweendeckers and liners 1,200 MT per day basis minimum 2 available/workable holds.

12.3. No discharge rate for LASH/Seabee barges.

12.4. 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 for approval within 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 owner are to be presented with signed discharge port laytime statement.

Charterers or their agents shall promptly furnish to the USDA a copy of the signed Notice of Readiness, laytime statement and Statement of Facts at discharge port(s). Under no circumstances shall CCC be responsible for resolving disputes involving the calculation of laytime or the payment of demurrage or despatch between 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.

13. Demurrage / Despatch.  Laytime is non-reversible. Offers shall specify the demurrage and despatch rates. Despatch must be half of the demurrage rate quoted. Demurrage/despatch is applicable at load and discharge ports.

14. Lightening.  If owners intend to lighten the cargo at the discharge port, the offer should specify the cost of lightening, whether partial or full lightening. If lightening is not performed, and vessel discharges directly at the berth(s), then USDA will deduct the lightening cost from the ocean freight. For tankers, full lightening into geared bulkcarrier(s) is mandatory.

15. Offer specifications. 
Only firm offers of named vessels with full particulars and which are responsive to this IFB will be considered.  Offers are encouraged to provide all relevant information such as: Vessel's name, flag, owners full style, vessel type, Built date, DWAT, cubics, LOA, beam, draft, speed, hold/hatches, class, vessel gear, whether full of part cargo and if part cargo with complete details on completion cargoes and itinerary, vessel's present position, itinerary and ETA, freight, demurrage/despatch rates.  Non-Vessel Operating Common Carriers (NVOCC) may not be employed to carry U.S. or foreign flag shipments.

16. Fumigation.  Vessels must be able to be fumigated with an aluminum phosphide preparation in-transit in accordance with the USDA, FGIS Fumigation Handbook dated August 24, 2009, and vessels that cannot be so fumigated will not be considered. At the final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook. Fumigation must be witnessed by FGIS, USDA and the aluminum phosphide preparation must be contained in packaging as described in the Fumigation Handbook. Dust retainers must be used. For tweendeckers and bulk carriers (including push mode ITB), the recirculation method of fumigation will be used.   For tankers and tug barges other than push mode ITB's, surface application will be used.  Tweendeck vessels will be considered provided they are acceptable for in-transit fumigation in accordance with FGIS Fumigation Handbook. Offers of such tween-deck vessels must be accompanied by a copy of a letter from FGIS, USDA stating that the vessel can be fumigated under the FGIS in-transit fumigation procedures.  In addition, tweendeck 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.
If the cargo is found to be infested upon arrival at the discharge port by government inspectors and clean bills of lading have been issued, fumigation costs, if any, shall be for the vessel's account and time to count for U.S. and foreign flag vessels.

17. Vessel restrictions.

17.1. For non-U.S. flag vessels, only geared bulk carriers will be considered. Vessels must be equipped with gear rated minimum 10 MT SWL able to service every hatch and suitable for clamshell discharge. Vessels must have mechanical or hydraulic hatch covers. Vessels must be classed highest ABS, Lloyds or equivalent.

17.2. U.S. flag gearless vessels must provide adequate discharge equipment capable of maintaining the guaranteed discharge rate. U.S. flag gearless vessels providing vacuvators or marine legs for discharge must also provide all necessary fuel, pipes, supports for pipes and technicians to operate the vacuvators or marine legs. Tankers are allowed subject to full lightening into geared bulkcarrier(s). U.S. flag tug/
barge tow arrangements must be inspected and certified by the Salvage Association prior to loading, at owners’ time, risk and expenses. Copy of the certification shall be submitted to charterers’ agent at time of tendering NOR at load port.

18. Insurance.  Foreign flag vessels shall not be older than 20 years. Any extra insurance on cargo incurred owing to vessel's age, type, class, flag or ownership to be for owners' account. In the case of U.S. flag vessels, such extra insurance will be limited to the maximum obtainable in the New York market.

19. Vessel agents.  Vessel agents at load port(s) shall be appointed and paid for by shipowners.
Vessel agents at discharge port(s) shall be appointed by charterers, shipowners paying the customary agency fees, provided those fees are competitive.

20. ISM Code.  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 charterers with satisfactory evidence of compliance if required to do so and to remain fully responsible for any and all consequences resulting directly or indirectly from any matter arising in connection with this vessel and the ISM Code.

21. Substandard vessels.  Section 408 of the Coast Guard Authorization Act of 1998, Public Law 105-383 (46 USC Par. 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) cargoes for up to one year after such substandard determination has been published electronically. As the cargo advertised in this IFB is a government impelled (preference) cargo, offerors must warrant that vessel(s) and owners/operators are not disqualified to carry such government impelled (preference) cargo.

22. ISPS CLAUSE:

(A) (i) From the date of coming into force of the International Code for the Security of Ships and of Port Facilities and the relevant amendments to Chapter XI of SOLAS (ISPS Code) in relation to the Vessel, the Owners shall procure that both the Vessel and "the Company" (as defined by the ISPS Code) shall comply with the requirements of the ISPS Code relating to the Vessel and "the Company". Upon request the Owners shall provide a copy of the relevant International Ship Security Certificate (or the Interim International Ship Security Certificate) to the Charterers. The Owners shall provide the
Charterers with the full style contact details of the Company Security Officer (CSO).

(ii) Except as otherwise provided in this Charter Party, loss, damage, expense or delay, excluding consequential loss, caused by failure on the part of the Owners or "the Company" to comply with the requirements of the ISPS Code or this Clause shall be for the Owners' account.

(B) Owner to specify any information required from Charterers in order to comply with ISPS at time vessel tenders pre-advice notice for this cargo. The Charterers shall provide the CSO and the Ship Security Officer (SSO)/Master with their full style contact details and any other information the Owners require to comply with the ISPS Code.

(C) Notwithstanding anything to the contrary provided in this Charter Party, any additional costs or expenses whatsoever solely arising out of or related to security regulations or measures required by the port facility or any relevant authority in accordance with the ISPS Code including, but not limited to, security guards, launch services, tug escorts, port security fees or taxes and inspections, shall be for the Owners' account. All measures required by the Owners to comply with the Ship Security Plan shall be for the Owners' account.

23. Commissions.

For vessels offered direct: 2.5% to Partenaire Co.
For vessels offered through owners' broker: 2/3 of 2.5% to Partenaire Co. and 1/3 of 2.5% for broker.

24. Terms for U.S. Flag vessels only.

24.1. Vessels offered subject to MARAD approval will not be considered. If MARAD approval of vessel is required, same must be obtained before submission of offers. Offers of U.S. flag vessels will not be considered if the vessel operator had not provided MARAD with the vessel cost prior to submission of offer.

24.2. U.S. flag offers are deemed to accept that (1) approved freight rate will be reduced to no higher than the MARAD fair and reasonable rate in the event that the approved vessel (including ITB) is substituted by a lower cost vessel and (2) for vessels loading less than a full cargo, the less than full cargo freight rate will be subject to a reduction to meet any revised MARAD freight rate guide line due to vessel loading other additional cargo.

24.3. U.S. flag vessels over 15 years old must offer an alternative freight rate to be applicable in the event that the vessel is either scrapped or vessel ownership transferred to another owner after discharge at destination but prior to its return to the United States.

25. General conditions.

25.1. Offers shall be submitted only by sealed letter or fax at the address stated below. U.S. and foreign flag offers shall be opened and read in public and no negotiation is permitted. Late offers and phone offers will not be accepted.

25.2. Copies of the Proforma charter party and the IFB are available at the office of the charterers' agent (address below).

25.3. Fixtures are subject to USDA and charterers approval.

25.4. Offers shall contain the name/telephone number (office/home) of the contact person.

25.5. If a fax offer begins to print before the above stated time and continues to print past the stated time, the offer will be considered to have been received on time. Offers which start to print or submitted after the deadline will not be considered.

26. Address for submitting offers.

Partenaire Co.
200 Park Avenue, Suite 104
Falls Church, VA 22046
Fax: (703) 532-8181
Phone (703) 533-2225 (For info only)