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Award 9.22.03
03-043P

Freight tender CA-FFP-03-043P Bagged rice to Cameroon.
Fixture Recaps:

Partenaire Co. as agent for the Government of the Republic of Cameroon,
subject to the provisions of the Food for Progress program, 7 CFR Part
1499, the Proforma Liner Booking Note, and the terms and conditions set
of IFB CA-FFP-03-043P, confirms the following fixture.

- Owners.
Wilson Shipping Inc.
C/o Sealift Inc.

- Vessel.
M/V Wilson
U.S. Flag ship - multipurpose type

- Cargo.
Milled Rice packed in 50 kilo net polypropylene bags.

Contract Supplier Quantity Port Date Load Port

VEPD04087 FARMERS RICE 2500 MT OCT 25 LAKE CHARLES
VEPD04088 THE RICE CO 2075 MT OCT 25 HOUSTON
VEPD04088 THE RICE CO 425 MT NOV 10 HOUSTON
---------
TOTAL 5000 MT

- Discharge.
Douala, Cameroon. T

- Freight rate.
U.S. dollars 259.85 per gross metric ton all inclusive for round trip,
and $217.55 one way. 
The freight rate includes the fumigation cost of $2.00 per GMT.

--------------------
Partenaire Co. as agent for the Government of the Republic of Cameroon,
subject to the provisions of the Food for Progress program, 7 CFR Part
1499, the Proforma Liner Booking Note, and the terms and conditions set
of IFB CA-FFP-03-043P, confirms the following fixture.

- Owners.
Nordana Lines as, Denmark
c/o Nordana Lines USA
Houston, TX 

- Vessel.
M/V Skodsborg
Cayman Island Flag ship - multipurpose/RoRo type

- Cargo.
Milled Rice packed in 50 kilo net polypropylene bags.

Contract Supplier Quantity Port Date Load Port

VEPD04088 THE RICE CO 1000 MT NOV 10 LAKE CHARLES
VEPD04088 THE RICE CO 650 MT NOV 10 HOUSTON
VEPD04097 C-SHORE INTL 350 MT OCT 25 HOUSTON
========
TOTAL 2000 MT

- Discharge.
Douala, Cameroon. The carrier is solely responsible to comply with the
port and discharge berth(s) limitations.

- Freight rate.
Freight rate shall be in U.S. dollars 85.50 per gross metric ton all
inclusive. The freight rate includes the fumigation cost of $3.00 per
GMT.

Partenaire Co.


Tender 8.28.03

Freight tender CA-FFP-03-043P Bagged rice to Cameroon.
(relates to KCCO Invitation 083A)

Partenaire Co. as agent for the Government of the Republic of Cameroon, subject to the provisions of the Food for Progress program, 7 CFR Part 1499, the Proforma Liner Booking Note, 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, conventional breakbulk service and/orcontainers). 

1. Offers.
Offers shall be received at the below address latest by 11:00 AM September 4, 2003Washington DC time.

1.1. Offers shall be submitted only by sealed letter or fax at the address shown in section 24. Late offers and phone offers will not be accepted. 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.

2. Cargo.
Milled Rice packed in 50 kilo net polypropylene bags.

3. Quantity and port availability.

Contract Supplier Quantity AvailabilityDateLoad Port
-------- -------- -------- --------- ----------
VEPD04087 FARMERS RICE 2500 MT OCT 25 LAKE CHARLES
VEPD04088 THE RICE CO 1000 MT NOV 10 LAKE CHARLES
VEPD04088 THE RICE CO 2075 MT OCT 25 HOUSTON
VEPD04088 THE RICE CO 425 MT NOV 10 HOUSTON
VEPD04088 THE RICE CO 650 MT NOV 10 HOUSTON
VEPD04097 C-SHORE INTL 350 MT OCT 25 HOUSTON
---------
TOTAL 7000 MT

Contract quantity shall be on a min/max basis.

4. Notices.
The carrier shall give 21, 14, 10, 7, 5, 1 day notice of ETA load to the shippers/charterers or their agents.
The carrier shall give a sailing notice and 14, 10, 7, 5, 1 day notice of ETA discharge to the receivers/charterers or their agents.

5. Loading.
The carriers shall specify the named load port(s) for which the offer is valid. All the cargo is delivered to the load port(s) on an FAS basis in accordance with clause 38 of the proforma Liner Booking Note. 

6. Discharging:
Douala, Cameroon. The carrier is solely responsible to comply with the port and discharge berth(s) limitations.

7. Freight rate.
Freight rate shall be in U.S. dollars per gross metric ton all inclusive. The applicable net weight to gross weight conversion is 1.002268. The all inclusive rate must identify the fumigation cost.

8. 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 Liner Booking Note clause 29 and note provisions regarding payment by electronic transfer.

9. Terms.
Full Liner Terms all inclusive. No demurrage, no despatch, no detention on the vessel, containers, trailers, and chasis at both ends.The Carrier shall not dispose of the cargo in any manner except by delivery to consignee at the scheduled port(s) of discharge (unless prior written approval of the shipper has been granted). The Carrier shall discharge the cargo during regular port working hours (unless additional hours have been agreed to by the consignees/receivers) solely into the receivers conveyances.

10. Container shipments.
The Carrier must certify that each container utilized to load this cargo is (a) in wind and watertight condition, (b) not more than ten years old, and (c) not a salvaged container or mustered out from regular service. As a condition of freight payment, the Carrier must provide Partenaire with a FGIS survey report attesting to the satisfactory condition of the containers. This survey must be performed prior to loading the cargo. For cargo delivered FAS load port, containers must be loaded at the Carrier’s time, risk and expense, with no minimum load requirement.

10.1. At discharge, the carrier shall strip the containers into the receivers’ conveyances or port warehouses. Containers stripping and discharging shall be performed and paid for by the carrier at the carrier’s time and risk.

11. Breakbulk shipments.
For breakbulk part cargo offers, the bagged rice must be separated from other cargoes by the vessel’s natural separations. Completion cargoes must be compatible, non-poisonous, and non-injurious to the bagged rice and must be detailed in the offer or subject to charterers/USDA approval if contracted after this fixture.

11.1. Breakbulk vessels in excess of 15 years of age must have all openings to cargo spaces and hatch covers sealed to ensure watertight integrity. The sealing shall be done to the satisfaction of NCB as attested by a special survey. Cost of sealing the openings and hatches as well as the cost of the NCB survey is for the carrier’s account. The survey certificate shall be part of the freight documentation submitted by the carrier.

12. Offer specifications.
Offers must include the following information: 

12.1. Vessel name, flag, type, year built, classification, deadweight, ETA load port(s), ETA discharge port, and Vessel itinerary to destination.

12.2. Full style of Carrier with name, address, telephone, fax, email, and name of person authorized to conclude booking. 

12.3. Type of service offered, whether containerized, breakbulk, intermodal, direct shipment or via transshipment. 

12.4. Acknowledgement of Performance Bond obligation.

12.5. Statement that the carrier is a VOCC. Non-Vessel Operating Common Carriers (NVOCC) may not be employed to carry this cargo. Tankers are excluded. Towed barges are excluded unless (1) the tug and the barge are both U.S. flag and (2) all the cargo is containerized and stowed under deck.

12.6. Carrier shall specify in the offer that the rate offered is the same as or lower than the carrier’s applicable tariff rate at time of offering. Carrier must declare FMC tariff number and state whether the rate offered is a “Carrier tariff rate” or a “Conference tariff rate” and whether the rate is “to be file”, “to be maintained”, or “to be amended”.

13. Fumigation.
Within five days prior to the commencement of its loading into the conveyance (LASH barge, container, vessel), the bagged cargo must be fumigated under tarp for at least 72 hours by a licensed fumigator. The fumigation must be witnessed by the Federal Grain Inspection Service (FGIS). The Carrier shall obtain a witness letter from FGIS evidencing that the fumigation took place. A copy of the FGIS witness letter must be submitted by the Carrier as part of the documentation required for the payment of the freight. All costs relative to the fumigation of the cargo, including witnessing by FGIS and the subsequent letter proving such, is for the account of the Carrier / vessel owner. At discharge port(s), and upon inspection by government inspectors, if the cargo and/or the vessel is found to be infested, and provided clean on board bills of lading were issued, the Carrier / vessel owner shall arrange for the cargo and vessel to be fumigated within 24 hours of discovery of such infestation, at Carrier’s / Owner’s time, risk, and expense.

14. War risk premium.
Carriers shall include all actual and anticipated war risk insurance premiums in their offered rates. Carriers bear the risk of any increase in war risk insurance premiums.

15. Vessel delays.

15.1. Vessel delay at loading.
If the carrier determines that the vessel originally scheduled, or a substitute vessel approved by the shipper, will be unable to lift urgent cargo within five days of the contracted load date, or lift non-urgent cargo within 10 days of the contracted load date, or miss its canceling date, the carrier shall promptly notify the shipper and propose a later load date. If such notice is received not less than 21 days before the contracted load date, the shipper may either accept the later load date or cancel the booking without cost to the carrier. If the notice is received less than 21 days before the contracted load date, the shipper may either cancel the booking (in which case, clause 36 (Failure to perform) is to apply) or accept the later load date and apply a Loading Delay Assessment of $1.00 per ton per calendar day, assessed on delayed cargo. In the event that a vessel loads beyond the contracted loading date or misses its canceling date, regardless of acceptance of late loading or vessel substitute, any cost as per clause 36 of Booking Note are applicable. The LDA will be deducted from ocean freight payment.

15.2. Delivery Delay Assessment at discharge.
Charterer shall assess liquidated damages of $1.00 per metric ton reduction in freight rate if the vessel does not present and have N.O.R. at the first discharge port accepted by receivers or has not commenced discharge, which ever occurs first, within 35 days from sailing foreign for breakbulk or 38 days of loading containers for container shipments. Charterer shall continue to assess damages for each and every day's delay until vessels NOR to discharge is accepted or until commencement of discharge, whichever occurs first. In matters relating to the Delivery Delay Assessments, local times will be utilized. The DDA will be deducted from ocean freight payment.

16. Vessel agents.
Vessel agents at load and discharge port(s) shall be appointed and paid for by the carrier.

17. Bonds.
Charterers require carriers to post a performance bond in the form of a certified check only, drawn on a U.S. Bank, equivalent to five (5) percent of the gross freight, in favor of Partenaire Co. The performance bond will be held until the vessel(s) complete loading the cargo and the carrier has released clean, unclaused original bills of lading and furnished all other required documentation. The performance bond is due within five (5) working days of booking cargo. The performance bond shall not be construed as liquidation of damages in the event of non-performance.

18. 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.

19. 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.

20. U.S. Customs.
In keeping with U.S. Customs’ enforced compliance program for outbound documentation, carriers are hereby notified that any penalty assessed against the cargo, due in whole or in part to delay by carrier in verifying final load count and providing same to Partenaire, will be solely for carrier’s account.

21. MARAD.
Offers of non-liner U.S. flag vessels must guarantee that the approved freight rate will be reduced to a level not higher than the Maritime Administration fair and reasonable rate in the event that the originally approved vessel is substituted by a lower cost vessel.

22. 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.

23. General conditions.

23.1. Copies of the Proforma Liner Booking Note and the IFB are available at the office of the charterers' agent (address below). The IFB and Proforma Liner Booking Note can also be downloaded from charterers' agent web site: http://www.partnaire.com 

23.2. Fixtures are subject to USDA and charterers approval. Charterers reserve the right to accept or reject any and all offers.

24. Address for submitting offers.
Partenaire Co.
2101 Wilson Boulevard, Suite 104
(Court House Metro Station)
Arlington, VA 22201
Fax: (703) 465-9118
Phone (703) 465-0095 (For info only)
?END

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