Mozambique Award10-026B

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10-026B Mozambique Re-Tender Award
January 4, 2011

Quote
OWNERS: OVERSEAS PUGET SOUND L.L.C.
VESSEL: M/T OVERSEAS PUGET SOUND
VESSEL FLAG: USA BUILT 1983.
DESCRIBED AS TANKER; ABT. 50,860 MT DWT.
LOA 200.71 M; BEAM 32.28 M; GRT 24,669 T; CUBIC 57,000 CUBIC METERS.
OWNER TO PROVIDE DISCHARGING EQUIPMENT AS PER FREIGHT TENDER AND CHARTER PARTY CLAUSES ON “VESSEL GEAR REQUIREMENTS”.

CARGO: 20,000 MT MIN/MAX WHEAT IN BULK .
IN TWO GRADES OF 10,000 MT HRW (USDA CONTRACT CR-10-00646)
AND 10,000 MT HRS (NS/DNS). (USDA CONTRACT CR-10-00647)
FULL OR PART CARGO, BUT AS PER FREIGHT TENDER.

LAYCAN: JANUARY 17-27, 2011

LOAD PORT: 1/3 SB EACH 1/3 SP U.S. GULF.

DISCHARGE PORT(S):1 TO 2 SB EACH NACALA AND/OR BEIRA MOZAMBIQUE, CHARTERER’S OPTION AS PER TENDER TERMS. CHARTERER INTENDS TO DISCHARGE AS FOLLOWS:
5,000 MT HARD RED WINTER WHEAT AT NACALA, MOZAMBIQUE.
5,000 MT HARD RED SPRING (NS/DNS) WHEAT AT NACALA, MOZAMBIQUE.
5,000 MT HARD RED WINTER WHEAT AT BEIRA, MOZAMBIQUE.
5,000 MT HARD RED SPRING (NS/DNS) WHEAT AT BEIRA, MOZAMBIQUE.

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 1,000 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 130.62 PMT BASIS ONE(1) LOAD BERTH/ ONE(1) LOAD PORT TO ONE (1) DISCHARGE BERTH,EACH DISCHARGE PORT/ ONE (1) DISCHARGE PORT.
ADD’L USD 5.00 PMT ON ENTIRE CARGO FOR MISSISSIPPI RIVER LOADING, EXCLUDING DESTREHAN
ADD’L USD 3.75 PMT ON ENTIRE CARGO FOR CORPUS CHRISTI LOADING.
FOLLOWING PREMIUMS TO APPLY ON THE ENTIRE CARGO:
ADD’L USD 4.00 PMT FOR EACH ADD’L LOAD BERTH USED
ADD’L USD 7.50 PMT FOR EACH ADD’L LOAD PORT USED.
ADD’L USD 2.00 PMT FOR SECOND DISCHARGE PORT IF USED.
ADD’L USD 3.00 PMT FOR SECOND DISCHARGE BERTH USED.

PART CARGO/RETURN CARGO/ ONE-WAY RATE : SAME AS ABOVE.

DEMURRAGE/ DESPATCH AT LOAD PORT USD 20,000 / HALF DESPATCH PDPR

DEMURRAGE/ DESPATCH AT DISCHARGE PORT USD 10,000 / HALF DESPATCH PDPR


OTHERWISE AS PER TERMS AND CONDITIONS OF FREIGHT RENDER NO. 10-026B DATED DECEMBER 22, 2010, AND THE CHARTERER TECHNOSERVE INC. CHARTER PARTY PROFORMA.

10-026B Mozambique Re-Tender
December 21, 2010

Freight RETender: BKA Logistics, Wheat, TNS Mozambique

BKA LOGISTICS LLC., FOR AND ON BEHALF OF TECHNOSERVE (TNS), 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:
RETENDER DATE:  DECEMBER 21, 2010
IFB NO:  MOZ-TNS-FFP-10-026B.

1) CARGO:
A) UP TO 5,000 MT HARD RED WINTER WHEAT IN BULK (HRW) TO NACALA.
B) UP TO 5,000 MT HARD RED SPRING (HRS NS/DNS) WHEAT IN BULK TO NACALA.
C) UP TO 5,000 MT HARD RED WINTER WHEAT IN BULK (HRW) TO BEIRA.
D) UP TO 5,000 MT HARD RED SPRING (HRS NS/DNS) WHEAT IN BULK TO BEIRA.
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.
EACH PARCEL TO BE SEPARATED BY EITHER VESSEL’S NATURAL SEGREGATION OR BY PLYWOOD SEPARATION AT OWNER’S RISK, TIME AND EXPENSE.
IF OFFER IS BASIS PART CARGO THAN TNS CARGO SHALL BE LAST IN/ FIRST OUT. ANY COMPLETION CARGOES SHALL BE SUBJECT TO APPROVAL OF TNS AND USDA (SEE CLAUSE 13 BELOW FOR FURTHER DETAILS ON COMPLETION CARGOES).

2) LAYCAN:  JANUARY 17-27, 2011. OWNERS TO PROVIDE 14-DAY PREADVISE NOTICE OF VESSEL ETA LOAD PORT.

3) LOADING:  1/3 SAFE BERTHS EACH 1/3 SAFE PORT(S) ANY U.S. RANGE. 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.

4) PORT:  5,000 MT HRW PLUS 5,000 MT HRS(NS/DNS) TO 1 / 2 SAFE BERTHS NACALA, MOZAMBIQUE; AND 5,000 MT HRW PLUS 5,000 MT HRS(NS/DNS) TO 1 / 2 SAFE BERTHS BEIRA, MOZAMBIQUE.

5) 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.

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 – 49,999.99 MT                    10,000 MT PER DAY
50,000.00 MT AND ABOVE                  12,000 MT PER DAY

TANKERS:
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 MT AND ABOVE                  7,500 MT PER DAY

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

6) DISCHARING TERMS: AT BOTH PORTS OF NACALA AND BEIRA 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 FOR BULK CARRIERS AND 1,000 TONS OF 2204.6 POUNDS FOR TWEENDECKERS/TANKERS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED WWDSSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY PRECEDING HOLIDAY) THROUGH 0800 HRS LOCAL TIME MONDAY (OR NEXT WORKING DAY FOLLOWING HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED. DISCHARGE GUARANTEE SHALL NOT APPLY ON LASH/SEABEE BARGES.

7) AT LOAD PORT OWNER TO APPOINT AND PAY FOR STEVEDORES . AT DISCHARGE PORT CHARTERER /RECEIVERS TO APPOINT AND PAY FOR STEVEDORES.

8) AT LOAD PORT OWNER TO APPOINT AND PAY FOR VESSEL’S AGENT.  
CHARTERER/RECEIVER SHALL NOMINATE THE VESSEL’S AGENT AT THE DISCHARGE PORTS, WHOM OWNER WILL APPOINT AND PAY.

9) 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.

10) LAYTIME IS NON-REVERSIBLE.

11) AT LOAD PORT (S) LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY SUPPLIER(S). LAYTIME CALCULATION, OVERTIME AND TRIMMING TO BE IN ACCORDANCE WITH ADDENDUM NO 1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION’S FOB CONTRACT NO 2 (REVISED AS OF MAY 1, 2000) 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 IN ACCORDANCE WITH THE INT’L ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

12) AT DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY BETWEEN RECEIVER AND VESSEL OWNER. NEITHER CHARTERER (TECHNOSERVE) 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.

13) VESSEL TYPE RESTRICTIONS: TOWED BARGES WILL NOT BE CONSIDERED. TANKERS (US FLAG ONLY) WILL BE CONSIDERED BASIS DISCHARGING DIRECTLY AT RECEIVER’S BERTH(S) AT EACH OF THE DISCHARGE PORTS, PROVIDED THE PERFORMING VESSEL MEETS THE VESSEL PORT RESTRICTIONS ON LOA, BEAM, AND ARRIVAL DRAFT. OTHERWISE THE LIGHTENING CLAUSE OF THIS TENDER TAKES EFFECT.

14) 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 RATES FOR NON-US FLAG VESSELS. NVOCC’S MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND
ITB’S, 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.

SPECIAL NOTE 1: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.

OWNER’S 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 OWNERAND IN NO WAY DIMINISHES OWNER’S LIABILITY AND RESPONSIBILITIES TOWARDS THE CARGO.

15) VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF DISCHARGE BY MEANS OF GRABS AND/OR VACUVATORS UTILIZING VESSL OR OWNER SUPPLIED SHORESIDE GEAR. VESSEL(S) TO POSSESS EITHER CRANE(S)OR DERRICK(S) WITH MINIMUM 5 MT SWL TO UPHOLD VACUVATOR(S) AND PIPING DURING DISCHARGE OPERATIONS. ALL DISCHARGE GEAR AND EQUIPMENT IS TO BE SUPPLIED BY OWNER AT OWNER’S EXPENSE. OWNERS TO RPOVIDE 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 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.

16) 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, IF ANY, TO BE PERFORMED IN THE TERRITORIAL WATERS OF MOZAMBIQUE. LIGHTENING VESSEL UTILIZED MUST BE SINGLE DECK BULK CARRIERS. IF THE CARGO IS LIGHTENED USING VACUVATORS FROM MOTHER VESSEL TO DAUGHTER VESSELS, VACUVATORS CANNOT BE USED AGAIN TO DISCHARGE THE DAUGHTER VESSEL(S)

17) VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT, IN ACCORDANCE WITH USDA/FGIS HANDBOOK AND PROGRAM NOTICE FGIS-PN-05-02 DATED JAN 7 2005, 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 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. 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.

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

19) ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED, MUST BE COMPATIBLE AND NON-INJURIOUS TO TNS’S CARGO, MUST BE DETAILED IN OFFER OR APPROVED BY TNS/USDA IF CONTRACTED AFTER FIXTURE OF TNS CARGO. VESSEL’S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY TNS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF TNS’S CARGO TO DISCHARGE PORT(S).

20)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.

21) OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT TNS/USDA APPROVAL.

22) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND PORT FACILITIES SECURITY CODE (ISPS). UPON REQUEST, OWNERS TO PROVIDE CHARTERERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARAD TO THE ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD TO THE ISPS CODE. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE OWNER OR VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

23) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND (ISPS) CODE.  FULL CLAUSE PROVIDED IN PROFORMA CHARTER PARTY.

24) 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).

25) OWNERS TO PROVIDE FOURTEEN (14) DAY PREADVICE OF VESSEL READINESS TO LOAD. PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF BKA LOGISTICS LLC AND PACIFIC CARGOES INC., PRIOR TO 1100 HRS WASHIONGTON DC TIME ON REGULAR BUSINESS DAY TO 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 AND PACIFIC CARGOES INC, AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE TO USDA / KCCO BULK COMMODITIES DIVISION, FAX NO 816-823-2586.

26) 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.

27) 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).

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.

28) 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.

29) 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.

30) 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.

31) 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.

32) TNS RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.

33) 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 BKA LOGISTICS LLC AND 1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.

34) O’WISE SUBJECT TO TERMS AND CONDITIONS OF TNS’S CHARTER PARTY PROFORMA.

35) OFFERS TO BE SUBMITTED TO: BKA LOGISTICS LLC, C/O PACIFIC CARGOES INC.,
1629 K STREET NW, SUITE 502, WASHINGTON D.C. 20006, BY 1000 HRS ET DECEMBER 22, 2010.  ONLY 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.ONLY FIRM OFFERS WILL BE CONSIDERED. OFFERS ARE TO REMAIN VALID UNTIL 1700 HRS WASHINGTON DC TIME DECEMBER 23, 2010. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY TNS AND USDA.

FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C. 20006. PHONE: 202-331-7395 TELEFAX: 202-331-7735,
EMAIL: MARK.MILLARD@BKALOGISTICS.NET. ATTN ; MARK MILLARD
AND /OR
PACIFIC CARGOES INC., 1629 K STREET NW SUITE 502, WASHINGTON DC 20006.
PHONE: 202 785 3400 ; TELEFAX 202 296 1160.
E-MAIL: MAIL@ISC-PCI.COM – ATTN: STEPHEN DRUHOT AND /OR RAVI SINGH
?END

10-026B Mozambique Amendment 2
December 20, 2010

FREIGHT TENDER TNS MOZAMBIQUE FFP BULK WHEAT NO. 10-026B

AMENDMENT NO. 2

DATE; DECEMBER 20, 2010.
IFB NO: MOZ-TNS-FFP-10-026B
THE FREIGHT TENDER IS HEREBY AMENDED AS FOLLOWS;

14) 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 RATES FOR NON-US FLAG VESSELS.  NVOCC’S MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR FOREIGN FLAG SHIPMENTS.   FOR VESSELS OVER 15 YEARS OF AGE AND ITB’S, 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.

END OF AMENDMENT NO. 2.

ALL OTHER TERMS AND CONDITIONS OF THE FREIGHT TENDER REMAIN UNCHANGED.

END.

10-026B Mozambique Amendment
December 16, 2010

FREIGHT TENDER TNS MOZAMBIQUE FFP BULK WHEAT NO. 10-026B
AMENDMENT No. 1
DATE: DECEMBER 16, 2010
IFB NO: MOZ-TNS-FFP-10-026B.
THE FREIGHT TENDER IS HEREBY AMENDED AS FOLLOWS:
PARAGRAPH 13) VESSEL TYPE RESTRICTIONS: TOWED BARGES WILL NOT BE
CONSIDERED. TANKERS (US FLAG ONLY) WILL BE CONSIDERED BASIS DISCHARGING DIRECTLY AT RECEIVER’S BERTH(S) AT EACH OF THE DISCHARGE PORTS, PROVIDED THE PERFORMING VESSEL MEETS THE VESSEL PORT RESTRICTIONS ON LOA, BEAM AND ARRIVAL DRAFT. OTHERWISE THE LIGHTENING CLAUSE OF THIS TENDER SHALL TAKE EFFECT.

ALL OTHER TERMS AND CONDITIONS OF THE FREIGHT TENDER REMAIN UNCHANGED.
END.

10-026B Mozambique Tender
December 15, 2010

Freight Tender: BKA Logistics, Wheat, TNS Mozambique

BKA LOGISTICS LLC., FOR AND ON BEHALF OF TECHNOSERVE (TNS), 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:
DATE: DECEMBER 15, 2010
IFB NO: MOZ-TNS-FFP-10-026B.

1) CARGO:

A) UP TO 5,000 MT HARD RED WINTER WHEAT IN BULK (HRW) TO NACALA.
B) UP TO 5,000 MT HARD RED SPRING (HRS NS/DNS) WHEAT IN BULK TO NACALA.
C) UP TO 5,000 MT HARD RED WINTER WHEAT IN BULK (HRW) TO BEIRA.
D) UP TO 5,000 MT HARD RED SPRING (HRS NS/DNS) WHEAT IN BULK TO BEIRA.
CONTRACTED QUANTITY WILL BE ON MIN/MAX BASIS.

EACH PARCEL TO BE SEPARATED BY EITHER VESSEL’S NATURAL SEGREGATION OR BY PLYWOOD SEPARATION AT OWNER’S RISK, TIME AND EXPENSE.  IF OFFER IS BASIS PART CARGO THAN TNS CARGO SHALL BE LAST IN/ FIRST OUT. ANY COMPLETION CARGOES SHALL BE SUBJECT TO APPROVAL OF TNS AND USDA (SEE CLAUSE 13 BELOW FOR FURTHER DETAILS ON COMPLETION CARGOES).

2) LAYCAN: JANUARY 17-27, 2011. OWNERS TO PROVIDE 14-DAY PREADVISE NOTICE OF VESSEL ETA LOAD PORT.

3) LOADING: 1/3 SAFE BERTHS EACH 1/3 SAFE PORT(S) ANY U.S. RANGE. 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.

4) PORT: 5,000 MT HRW PLUS 5,000 MT HRS(NS/DNS) TO 1 / 2 SAFE BERTHS NACALA, MOZAMBIQUE; AND 5,000 MT HRW PLUS 5,000 MT HRS(NS/DNS) TO 1 / 2 SAFE BERTHS BEIRA, MOZAMBIQUE.

5) 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.

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 – 49,999.99 MT 10,000 MT PER DAY
50,000.00 MT AND ABOVE 12,000 MT PER DAY

TANKERS:

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 MT AND ABOVE 7,500 MT PER DAY

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

6) DISCHARING TERMS: AT BOTH PORTS OF NACALA AND BEIRA 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 FOR BULK CARRIERS AND 1,000 TONS OF 2204.6 POUNDS FOR TWEENDECKERS/TANKERS PER WEATHER WORKING DAYS OF
24 CONSECUTIVE HOURS, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED WWDSSHEXEIU, ON THE BASIS OF THE BILL OF LADING QUANTITY. TIME FROM 1700 HRS LOCAL TIME FRIDAY (OR DAY PRECEDING HOLIDAY) THROUGH 0800 HRS LOCAL TIME MONDAY (OR NEXT WORKING DAY FOLLOWING HOLIDAY) SHALL NOT COUNT AGAINST LAYTIME, EVEN IF USED.  DISCHARGE GUARANTEE SHALL NOT APPLY ON LASH/SEABEE BARGES.

7) AT LOAD PORT OWNER TO APPOINT AND PAY FOR STEVEDORES . AT DISCHARGE PORT CHARTERER /RECEIVERS TO APPOINT AND PAY FOR STEVEDORES.

8) AT LOAD PORT OWNER TO APPOINT AND PAY FOR VESSEL’S AGENT. CHARTERER/RECEIVER SHALL NOMINATE THE VESSEL’S AGENT AT THE DISCHARGE PORTS, WHOM OWNER WILL APPOINT AND PAY.

9) 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.

10) LAYTIME IS NON-REVERSIBLE.

11) AT LOAD PORT (S) LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN OWNERS AND COMMODITY SUPPLIER(S). LAYTIME CALCULATION, OVERTIME AND TRIMMING TO BE IN ACCORDANCE WITH ADDENDUM NO 1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION’S FOB CONTRACT NO 2 (REVISED AS OF MAY 1, 2000) 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 IN ACCORDANCE WITH THE INT’L ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

12) AT DISCHARGE PORT LAYTIME ACCOUNTS TO BE SETTLED DIRECTLY BETWEEN RECEIVER AND VESSEL OWNER. NEITHER CHARTERER (TECHNOSERVE) 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.

13) VESSEL TYPE RESTRICTIONS: TOWED BARGES WILL NOT BE CONSIDERED. TANKERS (US FLAG ONLY) WILL BE CONSIDERED BASIS FULL
LIGHTERING.

14) FOREIGN FLAG VESSELS SHOULD 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 RATES
FOR NON-US FLAG VESSELS. NVOCC’S MAY NOT BE EMPLOYED TO CARRY U.S. FLAG OR FOREIGN FLAG SHIPMENTS. FOR VESSELS OVER 15 YEARS OF AGE AND ITB’S, 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.

SPECIAL NOTE 1: SHOULD OFFERED VESSEL BE ENROLLED IN AN INSURANCE PROGRAM THAT NEGATES THE OVERAGE PREMIUM REQUIREMENT, OFFER TO INCLUDE ALL INFORMATION AND CERTIFICATIONS FOR VERIFICATION.

OWNER’S 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 OWNERAND IN NO WAY DIMINISHES OWNER’S LIABILITY AND RESPONSIBILITIES TOWARDS THE CARGO.

15) VESSEL GEAR REQUIREMENTS: VESSELS MUST BE CAPABLE OF DISCHARGE BY MEANS OF GRABS AND/OR VACUVATORS UTILIZING VESSL OR OWNER SUPPLIED SHORESIDE GEAR. VESSEL(S) TO POSSESS EITHER CRANE(S)OR DERRICK(S) WITH MINIMUM 5 MT SWL TO UPHOLD VACUVATOR(S) AND PIPING DURING DISCHARGE OPERATIONS. ALL DISCHARGE GEAR AND EQUIPMENT IS TO BE SUPPLIED BY OWNER AT OWNER’S EXPENSE. OWNERS TO RPOVIDE 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 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.

16) 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, IF ANY, TO BE PERFORMED IN THE TERRITORIAL WATERS OF MOZAMBIQUE. LIGHTENING VESSEL UTILIZED MUST BE SINGLE DECK BULK CARRIERS. IF THE CARGO IS LIGHTENED USING VACUVATORS FROM MOTHER VESSEL TO DAUGHTER VESSELS, VACUVATORS CANNOT BE USED AGAIN TO DISCHARGE THE DAUGHTER VESSEL(S)

17) VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION IN-TRANSIT, IN ACCORDANCE WITH USDA/FGIS HANDBOOK AND PROGRAM NOTICE FGIS-PN-05-02 DATED JAN 7 2005, 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 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. 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.

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

19) ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE DULY SEPARATED, MUST BE COMPATIBLE AND NON-INJURIOUS TO TNS’S CARGO, MUST BE DETAILED IN OFFER OR APPROVED BY TNS/USDA IF CONTRACTED AFTER FIXTURE OF TNS CARGO. VESSEL’S ITINERARY AND GEOGRAPHIC PROXIMITY OF COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY TNS/USDA IN APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF TNS’S CARGO TO DISCHARGE PORT(S).

20)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.

21) OFFERS OF NAMED VESSELS ONLY. NO VESSEL SUBSTITUTION IS PERMITTED WITHOUT TNS/USDA APPROVAL.

22) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND THE INTERNATIONAL SHIP AND PORT FACILITIES SECURITY CODE (ISPS). UPON REQUEST, OWNERS TO PROVIDE CHARTERERS WITH A COPY OF THE RELEVANT DOCUMENT OF COMPLIANCE (DOC) AND SAFETY MANAGEMENT CERTIFICATE (SMC) IN REGARAD TO THE ISM CODE AND THE INTERNATIONAL SHIP SECURITY CERTIFICATE (ISSC) IN REGARD TO THE ISPS CODE. OWNERS ARE TO REMAIN FULLY RESPONSIBLE FOR ANY AND ALL CONSEQUENCES FROM MATTERS ARISING AS A RESULT OF THE OWNER OR VESSEL BEING OUT OF COMPLIANCE WITH THE ISM AND ISPS CODE.

23) OWNERS GUARANTEE THAT THIS VESSEL COMPLIES FULLY WITH THE INTERNATIONAL SAFETY MANAGEMENT (ISM) CODE AND (ISPS) CODE.  FULL CLAUSE PROVIDED IN PROFORMA CHARTER PARTY.

24) 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).

25) OWNERS TO PROVIDE FOURTEEN (14) DAY PREADVICE OF VESSEL READINESS TO LOAD. PREADVICE NOTICE MUST BE RECEIVED AT THE OFFICE OF BKA LOGISTICS LLC AND PACIFIC CARGOES INC., PRIOR TO 1100 HRS WASHIONGTON DC TIME ON REGULAR BUSINESS DAY TO 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 AND PACIFIC CARGOES INC, AS ABOVE, OWNER MUST ALSO PROVIDE COPY OF THEIR PREADVICE NOTICE TO USDA / KCCO BULK COMMODITIES DIVISION, FAX NO 816-823-2586.

26) 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.

27) 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).

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.

28) 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.

29) 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.

30) 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.

31) 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.

32) TNS RESERVES THE RIGHT TO ACCEPT OR REJECT ALL OFFERS.

33) 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 BKA LOGISTICS LLC AND 1/3RD OF 2.50 PERCENT IS PAYABLE TO OFFERING BROKER.

34) O’WISE SUBJECT TO TERMS AND CONDITIONS OF TNS’S CHARTER PARTY PROFORMA.

35) 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 ET DECEMBER 21, 2010.
ONLY 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 DECEMBER 22, 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 23, 2010. FIXTURES RESULTING FROM THIS TENDER ARE SUBJECT TO APPROVAL BY TNS AND USDA.

FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:
BKA LOGISTICS LLC, 1629 K STREET NW, SUITE 500, WASHINGTON D.C. 20006. PHONE: 202-331-7395 TELEFAX:  202-331-7735,
EMAIL:  MARK.MILLARD@BKALOGISTICS.NET. ATTN ; MARK MILLARD
AND/OR PACIFIC CARGOES INC., 1629 K STREET NW SUITE 502, WASHINGTON DC 20006.
PHONE:  202 785 3400 ; TELEFAX 202 296 1160.
E-MAIL:  MAIL@ISC-PCI.COM – ATTN: STEPHEN DRUHOT AND /OR RAVI SINGH
?END