Jordan Award15-004B

IFB #:
15-004B
Tender Date:
Award Date:
Award Flag:
---
PVO:
Gov. of Jordan
Agent:
Fettig & Donalty
Program:
Food for Progress

[FoodAid/FFP/images/ifb-header.html]

IFB# 15-004B Jordan Tender

December 29, 2015

FETTIG & DONALTY, INC., WASHINGTON, D.C., AS AGENTS FOR THE MINISTRY OF INDUSTRY, TRADE AND SUPPLY, HASHEMITE KINGDOM OF JORDAN, ANNOUNCES A FREIGHT TENDER, UNDER THE FOOD FOR PROGRESS PROGRAM, FOR U.S. FLAG AND NON U.S. FLAG VESSELS AS FOLLOWS:

F&D REF: GOJ16

IFB NUMBER: JOR-FFP-15-004B

AGREEMENT # FCC-278-2015/003-00

WBSCM SALES ORDER # 5000298453

1. COMMODITY/QUANTITY: APPROX. 100,000 MT MIN/MAX HRW WHEAT 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, FULL CARGO BASIS.

2. LAYDAYS: JANUARY 25-FEBRUARY 4, 2016 (APPROX. 50,000 MT)

                  AND / OR

            FEBRURY 15-25, 2016 (APPROX. 50,000 MT)

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. TUG-BARGES ARE EXCLUDED. INTEGRATED TUG/BARGE UNITS WILL BE CONSIDERED.

U.S. FLAG TANKERS WILL BE CONSIDERED BASIS FULL LIGHTENING AT DISCHARGE

PORT. TWEEN-DECK VESSLS WILL BE CONSIDERED PROVIDED THAT THEY ARE ACCEPTABLE FOR IN-TRANSIT FUMIGATION PER CLAUSE 5 BELOW. 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 AS PER TERMS OF THE PRO-FORMA CHARTER PARTY.

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.

FUMIGATION HANDBOOK REVISION INFORMATION AS PER NOTICE TO THE TRADE DATED OCTOBER 26, 2009.

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 SAFE BERTH AQABA, JORDAN

OWNERS ARE FULLY RESPONSIBLE FOR VESSEL ARRIVING AT DISCHARGE PORT WITH

A PERMISSIBLE DRAFT AND WITHIN ALL PORT RESTRICTIONS, WHERE RECEIVERS ADVISE WITHOUT GUARANTEE:

MAX DRAFT 10.8 M SW

MAX LOA 225 M WITH COST OF SHIFTING FOR VESSEL'S EXCEEDING

210 M AT OWNERS' TIME, RISK AND EXPENSE.

MAX DISPLACEMENT 70,000 MT / MAX AIR DRAFT 19 M

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.  VESSELS OFFFERED WITH A LAYDAY CANCELLING LATER THAN THE ABOVE WILL NOT BE CONSIDERED RESPONSIVE TO THIS TENDER.

 

8.  FREIGHT OFFERS SHOULD NOT CONTAIN A "DETENTION" RATE. OFFERS WILL NOT BE CONSIDERED NON-RESPONSIVE SOLELY BECAUSE A "DETENTION" RATE WAS GIVEN. HOWEVER, THE RELATED CHARTER PARTY MAY NOT CONTAIN A "DETENTION" RATE.

9.  FREIGHT PAYMENT:

95% OF THE TOTAL FREIGHT TO BE PAID UPON VESSEL'S ARRIVAL AT THE DISCHARGE PORT AND THE 5% BALANCE FREIGHT WILL BE PAID UPON SETTLEMENT OF DISCHARGE PORT DEMURRAGE OR DESPATCH UPON RECEIPT OF PROPER DISCHARGING DOCUMENTS.

PAYMENT WILL BE MADE VIA CONFIRMED, IRREVOCABLE LETTER OF CREDIT TO BE

OPENED THROUGH A U.S. BANKING INSTITUTION PRIOR TO THE CARGO BEING LOADED.

10. 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

TANKERS:

VESSEL CONTRACTED QUANTITY    LOADING GUARANTEE

--------------------------   -----------------

0 - 9,999.99 MT               4,000 MT PER DAY

10,000 - 19,999.99 MT         5,000 MT PER DAY

20,000 - 29,999.99 MT         6,000 MT PER DAY

30,000 MT AND ABOVE           7,500 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.

11. DISCHARGE TERMS:

THE CARGO IS TO BE DISCHARGED FREE OF RISK AND EXPENSE TO THE VESSEL AT THE AVERAGE RATE OF 5,000 MT (2,204.6 LBS) FOR BULK CARRIERS AND 2,000 MT FOR MULTI-DECKERS INCLUDING LINERS. SAID DISCHARGE RATE TO BE ON THE BASIS OF THE BILL(S) OF LADING QUANTITY, PER WEATHER WORKING DAY OF TWENTY-FOUR (24) CONSECUTIVE HOURS, THURSDAYS (AND THE DAY PRECEDING A HOLIDAY) AFTER 12:00, FRIDAYS, SATURDAYS, AND HOLIDAYS EXCEPTED, EVEN IF USED (WWD THUPMFSHEX EIU), PROVIDED VESSEL CAN DISCHARGE AT SUCH RATE. FOR LASH/SEABEE BARGES, NO DISCHARGE GUARANTEE RATE TO APPLY, BUT SAME TO BE DISCHARGED IN REGULAR WITHOUT UNDUE DELAY.

IN THE EVENT THAT VESSEL ARRIVES AT THE PORT OF AQABA WITH AN ARRIVAL DRAFT EXCEEDING 10.8 M SALT WATER, ALL LIGHTENING OPERATIONS SHALL BE AT SHIP OWNERS' TIME, RISK, AND EXPENSE. IN THE EVENT OF FULL LIGHTENING AT THE PORT OF AQABA, LAYTIME SHALL COMMENCE ON THE NEXT WORKING DAY, TWENTY-FOUR (24) HOURS AFTER BULK CARRIERS DAUGHTER VESSEL(S) HAVE PRESENTED THEIR NOTICE OF READINESS TO DISCHARGE AND SAME HAS BEEN ACCEPTED. IN THE EVENT OF PARTIAL LIGHTENING, VESSEL WILL NOT BE CONSIDERED READY UNTIL OWNERS HAVE ARRANGED LIGHTENING AND VESSEL HAS REACHED THE REQUIRED DRAFT. ALL TIME LOST BEFORE VESSEL REACHES THE REQUIRED DRAFT IS NOT TO COUNT AS LAYTIME. LAYTIME IS NOT

TO COMMENCE PRIOR TO TWENTY-FOUR (24) HOURS AFTER COMPLETION OF LIGHTENING AND PRESENTATION AND ACCEPTANCE OF VALID NOTICE OF READINESS, THURSDAYS (AND THE DAY PRECEDING A HOLIDAY) AFTER 12:00, FRIDAYS, SATURDAYS, AND HOLIDAYS EXCEPTED, EVEN IF USED (WWD THUPMFSHEX EIU), PROVIDED VESSEL CAN DISCHARGE AT SUCH RATE. LAYTIME ALLOWED, WHETHER FULL OR PARTIAL LIGHTENING, SHALL BE BASED ON THE BILL(S) OF LADING WEIGHT.  DOUBLE VACUVATION IS NOT PERMITTED. THE DAUGHTER VESSEL(S) MUST BE CERTIFIED FIT FOR RECEIPT OF CARGO BY A FIRST

CLASS INDEPENDENT SURVEYOR AND PROVIDE ANY/ALL GEAR REQUIRED TO MAINTAIN THE GUARANTEED DISCHARGE RATE. DAUGHTER(S) AND/OR PERFORMING VESSEL MUST MEET ALL REQUIREMENTS OF THE DISCHARGE PORT AUTHORITY. LIGHTENING MUST BE PERFORMED IN THE PORT OF AQABA.

IF INTENDED LIGHTENING IS NOT PERFORMED AT DISCHARGE PORT AND VESSEL

DISCHARGES DIRECTLY AT BERTH, USDA WILL DEDUCT COST OF LIGHTENING FROM OCEAN FREIGHT.

U.S. FLAG TANKERS MUST LIGHTEN FULLY INTO BULK CARRIER(S) IN THE PORT OF AQABA, JORDAN. SAID LIGHTENING TO BE AT SHIP OWNERS' TIME, RISK AND EXPENSE. LAYTIME SHALL COMMENCE TWENTY-FOUR (24) HOURS AFTER ACCEPTANCE OF NOTICE OF READINESS ON A WORKING DAY, THURSDAY (AND THE DAY PRECEDING A HOLIDAY) AFTER 12:00, FRIDAYS, SATURDAYS, AND HOLIDAYS EXCEPTED, EVEN IF USED (WWD THUPMFSHEX EIU), PROVIDED VESSEL CAN DISCHARGE AT SUCH RATE, AFTER THE BULK CARRIER DAUGHTER VESSEL(S) HAS PRESENTED THEIR NOTICE OF READINESS TO DISCHARGE PER BELOW. DISCHARGE RATE OF THE DAUGHTER VESSEL(S) SHALL BE AT THE RATE FOR BULK CARRIERS AT 5,000 MT PD AS PER THE ABOVE. 

IF FULL LIGHTENING AT DISCHARGE PORT, DEM/DES RATES SHALL APPLY ONLY TO THE DAUGHTER VESSEL(S). IN CASE OF FULL LIGHTENING, LAYTIME TO BE CALCULATED AS FOLLOWS: THE LAYTIME USED BY EACH OF THE DAUGHTER VESSELS IS TO BE ADDED IN ORDER TO ARRIVE AT A SINGLE FIGURE OF TIME LOST OR SAVED IN RELATION TO THE TOTAL TIME ALLOWED FOR DISCHARGING SUCH LIGHTENING VESSELS. THE TIME SO LOST OR SAVED THEN BE DIVIDED BY THE NUMBER OF LIGHTENING VESSELS USED TO ARRIVE AT NET TIME LOST OR SAVED AT DISCHARGE. 

NOTICE OF READINESS AT DISCHARGE PORT SHALL BE DELIVERED WHEN THE VESSEL IS IN THE DISCHARGE BERTH AND IS IN ALL RESPECTS READY TO DISCHARGE, INCLUDING FREE PRATIQUE. IF THE DISCHARGE BERTH IS UNAVAILABLE, MASTER MAY TENDER VESSEL'S NOTICE OF READINESS FROM A LAY BERTH OR ANCHORAGE WITHIN THE COMMERCIAL LIMITS OF THE PORT OF AQABA. 

SAID NOTIFICATION OF VESSEL'S READINESS AT SOLE DISCHARGE PORT SHALL BE

DELIVERED IN WRITING AT THE OFFICE OF THE CHARTERERS/RECEIVERS (OR THEIR AGENTS) BETWEEN THE HOURS OF 0800 TO 1500 ON ALL DAYS EXCEPT FRIDAYS, SATURDAYS AND HOLIDAYS, AND BETWEEN THE HOURS OF 0800 TO 1200 HRS ON THURSDAYS AND DAYS PRECEDING A HOLIDAY. CHARTERERS/RECEIVERS SHALL NOT BE REQUIRED TO ACCEPT THE NOTICE OF READINESS TO DISCHARGE ON THURSDAYS (OR DAY PRECEDING A HOLIDAY) AFTER 1200 OR ON FRIDAYS SATURDAYS AND HOLIDAYS.

LAYTIME AT THE DISCHARGE PORT SHALL COMMENCE TWENTY-FOUR (24) HOURS AFTER ACCEPTANCE OF NOTICE OF READINESS ON A WORKING DAY. TIME (NOT EXCEPTED FROM LAYTIME) ACTUALLY USED BEFORE COMMENCEMENT OF LAYTIME SHALL NOT COUNT. TIME FROM 0000-0800 THE NEXT WORKING DAY AFTER A SATURDAY OR A HOLIDAY NOT TO COUNT, EVEN IF USED.

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.

12. DISCHARGE PORT LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN

CHARTERERS AND THE VESSEL OWNERS. VESSEL OWNER IS TO PREPARE AND SUBMIT

SIGNED DISCHARGE PORT LAYTIME STATEMENT TO CHARTERERS 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 THE CHARTERERS AND VESSEL OWNERS 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 CHARTERERS AND THE VESSEL OWNERS. ANY/ALL DISPUTES BETWEEN RECEIVERS 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. OWNER'S TO APPOINT AND PAY FOR CHARTERERS' NOMINATED AGENT AT DISCHARGE PORT PROVIDED THE FEE IS COMPETITIVE AND CUSTOMARY FOR THE PORT.

14. VESSELS MUST HAVE ALL OPENINGS TO CARGO SPACES AND HATCH COVERS SUITABLY SEALED WITH TAPE OR OTHER MEANS TO ASSURE WATER TIGHT INTEGRITY. THE SEALING SHALL BE DONE TO THE SATISFACTION OF NCB SURVEYOR OR AS ATTESTED BY CERTIFICATION OF SPECIAL SURVEY.  ALL OF THE ABOVE TO BE PERFORMED AT VESSEL OWNERS' TIME, RISK AND EXPENSE. SPECIAL SURVEY CERTIFICATION WILL BE REQUIRED AS A CONDITION OF FREIGHT PAYMENT.  SEALINGS OF HATCHES/OPENINGS AND SPECIAL NCB CERTIFICATE IN NO WAY DIMINISHES OWNERS' RESPONSIBILITY AND LIABILITY TOWARD THE CARGO. 

COPY OF SAID CERTIFICATE TO BE SUBMITTED TO CHARTERERS' AGENT AT TIME OF TENDER OF NOTICE TO LOAD.

15. 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.

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.

OFFERS RECEIVED SHALL BE CONSIDERED TO WARRANT THAT THE OFFERED VESSEL(S) IS FREE FROM ANY LIEN(S) AND ENCUMBRANCES, FULLY INSURED AND ENTERED IN A P&I CLUB.

16. 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.

17. 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.

18. SUCCESSFUL BIDDERS MUST POST A PERFORMANCE BOND WITHIN FIVE (5) WORKING DAYS FROM DATE OF THE FREIGHT CONTRACT AWARD IN THE FORM OF AN IRREVOCABLE AND CONFIRMED L/C OR ITS EQUIVALENT, EQUAL TO 5 PCT OF THE OCEAN FREIGHT IN FAVOR OF THE MINISTRY OF INDUSTRY, TRADE AND SUPPLY, HASHEMITE KINGDOM OF JORDAN C/O FETTIG & DONALTY, INC, AS AGENTS FOR CHARTERERS, BY A FIRST CLASS BANK. HOWEVER, FETTIG & DONALTY, INC. WILL RELEASE SAID BOND UPON VESSEL'S PRESENTATION FOR LOADING WITHIN THE CONTRACTED LAYDAYS. THE L/C IS TO BE COLLECTIBLE BY DRAFT AT SIGHT ACCOMPANIED BY A STATEMENT FROM THE CHARTERERS THAT THE SHIPOWNER DID NOT PERFORM IN ACCORDANCE WITH THE C/P.  UNDER NO CIRCUMSTANCES IS THE PERFORMANCE BOND TO BE CONSIDERED AS THE MAX. LIABILITY OR LIQUIDATION OF DAMAGES INCURRED DUE TO NON-PERFORMANCE OF THE SHIP OWNER. 

COMMISSION (PAYABLE BY THE VESSEL OWNERS) - 2.5 PCT ON GROSS

FREIGHT/DEADFREIGHT/DEMURRAGE TO FETTIG & DONALTY, INC. ON NON-U.S. FLAG FIXTURES AND ON U.S. FLAG FIXTURES IF OFFERED DIRECT. ON U.S. FLAG, IF A BROKER IS INVOLVED, 2/3 OF 2.5% TO ABOVE AGENT AND 1/3 OF 2.5% TO BROKER.

ONLY FIRM OFFERS THAT ARE RESPONSIVE TO THE TERMS OF THE TENDER WILL BE

CONSIDERED AND NO NEGOTIATION ON USA FLAG VESSELS WILL BE PERMITTED.

THE CHARTERER RESERVES THE RIGHT TO ACCEPT OR REJECT OFFERS.

ONLY FIRM OFFERS, IN WRITING, WILL BE ACCEPTED.

PHONE OR EMAIL OFFERS WILL NOT BE CONSIDERED.

OFFERS MUST BE RECEIVED PRIOR TO TENDER CLOSING TIME.

LATE OFFERS WILL NOT BE CONSIDERED.

TELEFAX AND LETTER OFFERS ARE TO BE RECEIVED NO LATER THAN 1100 HRS. NYT ON JANUARY 6, 2016 AND ARE TO REMAIN VALID UNTIL 1700 HRS NYT ON JANUARY 8, 2016.

TELEFAX OFFERS WHICH START PRINTING BY 1100 HRS NYT ON JANUARY 6, 2016  AND CONTINUE TO PRINT PAST THAT TIME WILL BE CONSIDERED AS BEING RECEIVED ON-TIME.

OFFERS MUST BE SUBMITTED BY LETTER OR TELEFAX

TO:

EMBASSY OF THE HASHEMITE KINGDOM OF JORDAN

3504 INTERNATIONAL DRIVE, N.W.

WASHINGTON D.C. 20008

ATTN: ECONOMIC AND COMMERCE BUREAU

PH: 202-215-2200

FAX: 202-966-3110

- ALL OFFERS AND AWARDS ARE SUBJECT TO THE PROVISIONS OF THE FOOD FOR

PROGRESS ACT OF 1985 AND ALL AWARDS ARE SUBJECT TO WRITEN APPROVAL FROM THE MINISTRY OF INDUSTRY, TRADE AND SUPPLY, HASHEMITE KINGDOM OF JORDAN, AMMAN JORDAN OR THEIR AUTHORIZED REPRESENTATIVE AND ARE ALSO SUBJECT TO USDA APPROVAL.

OFFERS ARE TO BE SUBMITTED BASIS THIS FREIGHT TENDER AND THE CURRENT

GOVERNMENT OF THE H.K. OF JORDAN USA BULK WHEAT PROFORMA CHARTER PARTY

(COPIES ARE AVAILABLE ON REQUEST).

FOR FURTHER INFORMATION, PLEASE CONTACT FETTIG & DONALTY, INC.

AT 202-628-5700.

ISSUED DECEMBER 29, 2015

END

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