Tanzania Award10-022B

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10-022B Tanzania Award
January 12, 2011

AWARD
RE: FREIGHT TENDER FOR LAND O LAKES FFP 14,000 MT BULK WHEAT TO TANZANIA NO. 10-022B

OWNERS: LIBERTY GLORY CORP.
VESSEL: M/V LIBERTY GRACE
VESSEL FLAG : USA BUILT 2001.
DESCRIBED AS : GEARED BULK CARRIER ; ABT. 50,600 MT DWT ON 11.89 M. SW
LOA 189.9 M ; BEAM 32.2 M ; ; 6 HOLDS/ 6 HATCHES.
4 X 30 TONS CRANES. SPEED ABT 16 KNOTS.

VESSEL'S ITINERARY: VESSEL'S ETA LOAD PORT IN U.S. GULF IS DEC 19, 2010; ETA DAR ES SALAAM ABOUT 27 DAYS FROM COMPLETION OF LOADING/SAILING LAST US LOAD PORT WP/AGW/UCE..

CARGO: PART CARGO OF 14,000 MT MIN/MAX WHEAT IN BULK . VESSEL WILL ALSO LIFT OTHER PART CARGO UNDER SEPARATE CHARTER PARTY OF 12,249 MT BULK SORGHUM FOR DURBAN FOR USAID PREPO.
ANY PART CARGO(ES) ARE SUBJECT TO CHARTERER'S APPROVAL AND USDA A[PPROVAL.

LAYCAN: DECEMBER 14-23, 2010

LOAD PORT: 1/2 SB EACH 1/2 SP U.S. GULF (IF MISSISSIPPI RIVER LOAD NNOBINCLBR).

DISCHARGE PORT(S): ONE OR TWO SAFE BERTHS DAR ES SALAAM, TANZANIA AT CHARTERER’S OPTION.

LOADING TERMS: BERTH TERMS AT THE RATE OF 6,000 MT PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED.

DISCHARGING TERMS: FREE OUT AT THE AVERAGE RATE OF 1,500 MT OF 2204.6 LBS. PER WEATHER WORKING DAY OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED. (WWDSSHEX EIU) ON THE BASIS OF BILL OF LADING QUANTITY. TIME FROM 1700 HRS. LT FROM FRIDAY (OR ON A DAY PRECEDING A HOLIDAY) THROUGH 0800 HRS LT MONDAY (OR A DAY AFTER A HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. .

OCEAN FREIGHT RATE: USD 126.27 PMT BASIS ONE(1) LOAD BERTH, ONE(1) LOAD PORT TO ONE (1) DISCHARGE BERTH, ONE (1) DISCHARGE PORT..
IF USGULF/MISSISSPPI RIVER LOAD THEN ADD USD 2.00 PMT.
FOR EACH ADDITIONAL LOADPORT, IF USED INCREASE THE ABOVE RATE BY LUMPSUM USD 150,000.00
FOR EACH ADDITIONAL LOAD BERTH, IF USED, INCREASE THE ABOVE RATE BY LUMPSUM USD 90,000.00 . ABOVE LUMPSUM PREMIUMS IF APPLICABLE, ARE TO BE PRO-RATED BETWEEN USAID DURBAN AND LAKES FFP 14,000 MT BULK WHEAT TO DAR ES SALAAM.
IF MORE THAN ONE SUPPLIER UTILIZED, INCREASE ABOVE RATE BY LUMPSUM USD1.00 .
FOR EACH ADDITIONAL DISCHARGE BERTH, IF USED, INCREASE THE ABOVE RATE BY LUMPSUM
USD 50,000.00.

DEMURRAGE/ DESPATCH AT LOAD PORT USD 35,000 / HALF DESPATCH PDPR
DEMURRAGE/ DESPATCH AT DISCHARGE PORT USD 40,000 / HALF DESPATCH PDPR
OTHERWISE AS PER TERMS AND CONDITIONS OF FREIGHT TENDER NO. 10-022B DATED NOVEMBER 22, 2010, AND THE CHARTERER LAND O LAKES CHARTER PARTY PROFORMA.

10-022B Tanzania Tender
November 22, 2010

Freight Tender: BKA Logistics, Wheat, LAKES Tanzania (11/22/10).

BKA LOGISTICS LLC., FOR AND ON BEHALF OF LAND O’LAKES, INC (LAKES), REQUESTS OFFERS OF U.S. AND NON-U.S. FLAG VESSELS FOR THE CARRIAGE OF WHEAT IN BULK, UNDER THE FOOD FOR PROGRESS PROGRAM ON THE FOLLOWING BASIS:

IFB NO: 10-022B

CARGO: APPROX 14,000 MT WHEAT IN BULK. CONTRACTED QUANTITY WILL BE ON
A MIN/MAX BASIS.

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

LAYDAYS: DECEMBER 14-23, 2010.

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.

OWNERS ARE TO PROVIDE 14 DAY PREADVICE NOTICE OF VESSEL’S ETA AT LOAD
PORT. SEE PROFORMA CHARTER PARTY CLAUSE 12 FOR FULL DETAILS OF THIS
REQUIREMENT.

LOADING: 1/2 SAFE BERTHS EACH 1/2 SAFE U.S. PORT(S).  OFFERORS SHALL SPECIFY THE LOAD PORT(S), OR LOAD RANGE(S) APPLICABLE TO THEIR OFFERS. FOR OFFERS BASIS U.S. GREAT LAKES UTILIZING FEEDER VESSELS, OFFER TO INCLUDE NAME AND DETAILS OF FEEDER VESSELS.

DISCHARGING: 1/2 SAFE BERTHS DAR ES SALAAM, TANZANIA.

LOADING TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS WITH
CUSTOMARY DESPATCH AT THE AVERAGE RATE AS PROVIDED BELOW BASED 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.

BULK CARRIERS:
VESSEL CONTRACTED QTY LOADING GUARANTEE
--------------------- --------------------
0 – 9,999.99 MT 4,000 MT PER DAY
10,000.00 – 19,999.99 MT 5,000 MT PER DAY
20,000.00 – 29,999.99 MT 6,000 MT PER DAY
30,000.00 – 39,999.99 MT 7,500 MT PER DAY
40,000.00 – 40,999.99 MT 10,000 MT PER DAY
50,000 MT AND ABOVE 12,000 MT PER DAY

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

DISCHARING TERMS: THE CARGO TO BE DISCHARGED, FREE OF RISK AND EXPENSE
TO VESSEL (FREE OUT DISCHARGE), AT THE AVERAGE RATE OF 1,500 TONS OF
2204.6 POUNDS PER WEATHER WORKING DAY OF 24-CONSECUTIVE HOURS
SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED (WWDSSHEX EIU)ON THE BASIS OF THE BILL OF LADING QUANTITY FOR BULKCARRIERS AND
TWEEN/MULTIDECKER VESSELS. TIME FROM 1700 HOURS LOCAL TIME FRIDAY (OR ON A DAY PRECEDING A HOLIDAY) THROUGH 0800 HOURS LOCAL TIME MONDAY (OR DAY AFTER HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME,
EVEN IF USED.

DEMURRAGE / DESPATCH IS APPLICABLE AT LOAD AND DISCHARGE PORTS.
OWNERS ARE TO SPECIFY THEIR DEM/DES RATES IN THEIR OFFER, DESPATCH
RATES MUST BE ONE-HALF OF DEMURRAGE RATES AS QUOTED.

LAYTIME IS NON-REVERSIBLE. LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY
BETWEEN OWNERS AND COMMODITY SUPPLIER(S) AT LOAD PORT(S). LAYTIME
CALCULATION, OVERTIME AND TRIMMING TO BE IN ACCORDANCE WITH ADENDUM NO.
1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION’S FOB CONTRACT NO. 2
(REVISED AS OF AUGUST 1, 1988) CLAUSE NOS. 1-10 INCLUSIVE (HEREINAFTER
REFERRED TO AS NAEGA) REGARDLESS OF VESSEL TYPE. FURTHER, THE
FOLLOWING MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD “BUYER”
APPEARS, THE WORDS “VESSEL OWNER” IS TO BE SUBSTITUTED. UNDER NO
CIRCUMSTANCE SHALL CHARTERERS OR USDA/CCC BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN THE VESSEL OWNER AND COMMODITY SUPPLIER.  ANY/ALL DISPUTES BETWEEN VESSEL OWNER AND SUPPLIER ARISING OUT OF THE CONTRACT RELATING TO THE SETTLEMENT OF LAYTIME ISSUES SHALL BE ARBITRATED IN NEW YORK SUBJECT TO THE RULES OF THE SOCIETY OF MARITIME
ARBITRATORS, INC.

DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY BETWEEN RECEIVER AND VESSEL OWNER. NEITHER CHARTERER (LAND O’LAKES) NOR USDA/CCC SHALL BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING CALCULATION OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN RECEIVER AND VESSEL OWNERS. ANY/ALL DISPUTES BETWEEN RECEIVER 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.

VESSEL TYPE RESTRICTIONS: TANKERS AND TOWED BARGES WILL NOT BE
CONSIDERED. INTEGRATED TUG/BARGE UNITS WILL BE CONSIDERED. NVOCC
MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR FOREIGN FLAG SHIPMENTS.

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

SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.

OWNERS ARE REQUIRED TO PROVIDE AN ADDITIONAL CERTIFICATE FROM NCB
CERTIFYING THAT VESSEL’S HATCH COVERS AND ANY OTHER OPENINGS LEADING TO
CARGO COMPARTMENTS HAVE BEEN SEALED TO PREVENT ANY OUTSIDE WATER FROM ENTERING THE CARGO SPACES. COST OF SEALING AND SPECIAL SURVEY ARE FOR ACCOUNT OF OWNER AND IN NO WAY DIMINISHES OWNERS LIABILITY AND
RESPONSIBILITIES TOWARD THE CARGO.

VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF DISCHARGE
BY CLAMSHELL UTILIZING VESSEL OR OWNER SUPPLIED SHORESIDE GEAR. ALL
DISCHARGE GEAR AND EQUIPMENT IS TO BE SUPPLIED BY OWNER AT OWNER’S
EXPENSE. OWNERS TO PROVIDE AT THEIR EXPENSE ALL NECESSARY MOTIVE POWER / FUEL TO OPERATE OWNER PROVIDED DISCHARGING GEAR. DISCHARGE GEAR MUST BE IN GOOD WORKING ORDER AND CAPABLE OF MAINTAINING THE GUARANTEED RATE OF DISCHARGE AS PER DISCHARGING TERMS CLAUSE ABOVE. ANY TIME LOST AS A RESULT OF BREAKDOWN OF VESSEL’S GEAR TO BE EXCLUDED FROM LAYTIME USED. OPENING AND CLOSING OF HATCHES TO BE CARRIED OUT BY
VESSEL’S CREW FREE OF CHARGE TO CHARTERERS. MECHANICAL OR HYDRAULIC
HATCH COVERS FOR VESSELS OR RAIN TENTS FOR ALL HATCHES ARE REQUIRED.

WITHOUT GUARANTEE FROM CHARTERER, RECEIVER ADVISES THE FOLLOWING
DISCHARGE PORT VESSEL DRAFT/LOA RESTRICTIONS: MAXIMUM S.W. ARRIVAL
DRAFT OF 10.50 METERS AND LENGTH OVERALL (LOA) NOT TO EXCEED 190
METERS. OWNERS ARE RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT
WITH AN ACCEPTABLE SAFE ARRIVAL DRAFT. IF VESSEL’S DRAFT EXCEEDS SUCH
DRAFT, OWNERS ARE TO BE FULLY RESPONSIBLE FOR ANY AND ALL COSTS
INCURRED IN REACHING SAFE DRAFT. LIGHTENING, IF ANY, TO BE PERFORMED
IN THE TERRITORIAL WATERS OF TANZANIA. LIGHTENING VESSELS UTILIZED
MUST BE SINGLE DECK BULK CARRIERS MEETING DISCHARGE PORT’S VESSEL
RESTRICTIONS (DRAFT AND LOA) AND MUST BE GEARED IN ACCORDANCE WITH
VESSEL GEAR REQUIREMENT ABOVE. IF THE BULK WHEAT IS LIGHTENED USING
VACUVATORS FROM MOTHER VESSEL TO DAUGHTER VESSELS, VACUVATORS CANNOT BE
USED AGAIN TO DISCHARGE THE DAUGHTER VESSEL(S).

IN-TRANSIT FUMIGATION IS REQUIRED FOR THIS CARGO. 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 AND SUCH WRITTEN STATEMENT FROM CERTIFIED APPLICATOR SHOULD BE SUBMITTED WITH OFFER. SEE PROFORMA CHARTER PARTY CLAUSE 37 FOR FULL DETAILS OF THE IN-TRANSIT FUMIGATION REQUIREMENT.

ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED, MUST
BE COMPATIBLE AND NON-INJURIOUS TO LAKES’S CARGO, MUST BE DETAILED IN OFFER OR APPROVED BY LAKES/USDA IF CONTRACTED AFTER FIXTURE OF LAKES CARGO. VESSEL’S 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’S
CARGO TO DISCHARGE PORT(S). IN EVENT LAKES CARGO IS AS PART CARGO,
LAKE’S CARGO SHALL BE LAST IN/ FIRST OUT.

OWNERS ARE TO APPOINT AND PAY THEIR AGENTS AND STEVEDORES AT LOADING
PORT. CHARTERER/RECEIVERS ARE TO NOMINATE VESSEL’S AGENTS AT DISCHARGE
PORT WHOM OWNERS ARE TO APPOINT AND PAY.

OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS PERMITTED
WITHOUT LAKES/USDA APPROVAL.

ISM AND ISPS CODE COMPLIANCE: SEE PROFORMA CHARTER PARTY CLAUSE 45 FOR
FULL DETAILS OF THIS REQUIREMENT.

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). SEE PROFORMA CHARTER PARTY CLAUSE 46 FOR FULL DETAILS OF THIS REQUIREMENT.

ONE-WAY RATES MUST BE QUOTED IN ADDITION TO ROUND TRIP RATES FOR U.S.
FLAG NON-LINER VESSELS WHOSE DATE OF ORIGINAL CONSTRUCTION EXCEEDS 15
YEARS FROM DATE OF FIXTURE.

APPROVED U.S. FLAG RATES WILL BE REDUCED TO A LEVEL NO HIGHER THAN THE
MARITIME ADMINISTRATIONS FAIR AND REASONABLE RATE IN THE EVENT THAT
APPROVED VESSEL IS SUBSTITUTED BY A LOWER COST VESSEL TO THE U.S.
GOVERNMENT.

FOR U.S. FLAG VESSELS LOADING LESS THAN A FULL CARGO, THE LESS THAN
FULL CARGO RATE WILL BE SUBJECT TO A REDUCTION TO MEET ANY REVISED
MARITIME ADMINISTRATION FREIGHT RATE GUIDELINE DUE TO VESSEL LOADING
OTHER ADDITIONAL CARGO.

U.S. FLAG OFFERS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT
PROVIDED THE MARITIME ADMINISTRATION WITH THE VESSEL’S COSTS PRIOR TO
SUBMISSION OF OFFER.

OFFERORS ARE ENCOURAGED TO PROVIDE THE FOLLOWING INFORMATION: VESSEL
NAME / TYPE / FLAG / YEAR BUILT / LOA / BEAM / DWT / DRAFT / GEAR (IF
ANY) / ETA AT LOAD AND DISCHARGE PORTS / FULL STYLE OF OWNERS.

FREIGHT RATES ARE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE
LOADING PORT TO ONE DISCHARGING PORT, PLUS ADDITIONAL FREIGHT (IF ANY)
PER METRIC TON ON ENTIRE CARGO FOR EACH ADDITIONAL LOAD OR DISCHARGE
PORT IF USED.

IF OWNERS INTEND TO LIGHTEN, OFFER TO SPECIFY THE COST OF LIGHTENING,
AND WHETHER ACTION IS FULL OR PARTIAL LIGHTENING. IF LIGHTENING IS
PERFORMED AT THE DISCHARGE PORT AND THE VESSEL DISCHARGES AT BERTH THEN THE COST OF LIGHTENING WILL BE DEDUCTED FROM THE OCEAN FREIGHT.

LAKES RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.

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

O’WISE SUBJECT TO TERMS AND CONDITIONS OF LAKES’S CHARTER PARTY
PROFORMA (NOV 2010 – REVISED FOR LAKES’ TANZANIA FOOD FOR PROGRESS
PROGRAM).

OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC C/O PACIFIC CARGOES, INC., 1629 K STREET NW, SUITE 502, WASHINGTON D.C. 20006, BY 1100 HRS WASHINGTON, D.C. TIME NOVEMBER 29, 2010.

ONLY SEALED HAND-DELIVERED OR FAX OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED. IF A TELEFAX OFFER BEGINS TO PRINT PRIOR TO THE DEADLINE AND CONTINUES TO PRINT PAST THE DEADLINE UNTIL COMPLETE IT WILL BE CONSIDERED TO BE RECEIVED ON TIME. OFFERS WILL BE OPENED AND READ IN PUBLIC AT THAT TIME AND PLACE. ONLY OFFERS WHICH ARE RESPONSIVE TO THIS IFB WILL BE CONSIDERED AND NO NEGOTIATION IS PERMITTED. U.S. FLAG OFFERS MADE ‘SUBJECT OPEN’ WILL ONLY BE CONSIDERED WHEN THE SUBJECT RESTRICTION IS LIFTED PRIOR TO 1100 HRS WASHINGTON DC TIME NOVEMBER 30, 2010. 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 DECEMBER 1, 2010. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY LAKES AND USDA.

FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, WASHINGTON D.C. 20006. PHONE: 202-331-7395; TELEFAX: 202-331-7735; E-MAIL: MARK.MILLARD@BKALOGISTICS.NET AND/OR PACIFIC CARGOES, INC., 1629 K STREET, N.W., SUITE 502, WASHINGTON, D.C. 20006. PHONE: (202) 785-3400; TELEFAX: (202) 296-1160;
EMAIL: mail@isc-pci.com.