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Award 10.02.03

Award Results IFB 03-061P, Aga Khan Foundation / <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Kazakhstan<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />

03-061P-01 / 130233
846 NMT NFDM - Bags (25 Kg)
Intermodal Plant: Stockton, CA
Ex-Plant Dates: NET 20-Oct / NLT 31-Oct
Disport/Delivery: Almaty via Bremerhaven (Warehouse Floor Delivery)
Ocean Carrier: Lykes Lines Limited LLC
Vessel/Flag: Lykes Explorer / USA (P1)
Booked Rate/GMT: $308.84 (Ocean $48.00 / Non-Ocean $260.84)

03-061P-02 / 130234
846 NMT NFDM - Bags (25 Kg)
Intermodal Plant: Stockton, CA
Ex-Plant Dates: NET 3-Nov / NLT 14-Nov
Disport/Delivery: Almaty via Bremerhaven (Warehouse Floor Delivery)
Ocean Carrier: Lykes Lines Limited LLC
Vessel/Flag: Lykes Discoverer / USA (P1)
Booked Rate/GMT: $308.84 (Ocean $48.00 / Non-Ocean $260.84)

03-061P-03 / 130235
498 NMT NFDM - Bags (25 Kg)
Intermodal Plant: Phoenix, AZ
Ex-Plant Dates: NET 20-Oct / NLT 31-Oct
Disport/Delivery: Almaty via Bremerhaven (Warehouse Floor Delivery)
Ocean Carrier: Lykes Lines Limited LLC
Vessel/Flag: Lykes Liberator / USA (P1)
Booked Rate/GMT: $318.55 (Ocean $48.00 / Non-Ocean $270.55)

Tender 9.25.03

INVITATION FOR BIDS

AKF Kazakhstan Section 416(b)
IFB 03-061P
September 25, 2003

Muller Shipping Corporation, for an on behalf of Aga Khan Foundation USA (AKF), hereby requests offers for Intermodal-Plant containerized service via U.S. and non-U.S. flag vessels. AKF, in coordination with USDA, reserves the right to award any combination necessary to achieve cargo preference compliance.

Cargoes are to be delivered to Almaty, Kazakhstan on a through combined transport bill of lading. Routing may not be made via countries that unduly restrict the transit of dairy products or via the port of Novorossiysk, Russia.

Rates should be all-inclusive for the delivery on a through bill of lading to consignee's warehouse at final destination. Carrier's through bill of lading service shall include all normal customs clearance/formalities at all points of entry/transit except final destination to ensure that cargoes move to the final destination (Almaty) uninterrupted. Rates to include all costs for documentation necessary for in-transit clearance that is not required by importing country, including any such documentation that must be furnished or obtained by shipper on behalf of carrier. Rates to be in U.S. dollars/gross MT, with all component parts identified, including but not limited to (as applicable), domestic and foreign inland transportation, ocean freight, in-transit fumigation when specified, and any handling not associated with a berth terms discharge. Offers that do not identify all components will be considered non-responsive.

Carrier awarded cargoes will be required to provide accurate shipment tracking information via email to shipper/receiver and their designated agents. The information to be provided for each container is to include the bill of lading number, the last reported position and the date reported at this position, next relay or interchange point and projected date at that point, all subsequent relay or interchange points, and estimated date at final destination. Updates must be provided at least once per week for all cargoes yet to be loaded or in transit, and daily reports are to be sent to receivers on cargoes within five days of scheduled arrival at destination.

All offers and cargo bookings must be full liner terms. No demurrage/detention/despatch on vessels, containers, trucks, railcars, barges or other equipment, both ends.

Type of service and lift dates to be specified on all offers for both lifting and relay vessel whether U.S. or foreign flag service. Offers must include reasonable and acceptable loading schedules and transit times in order to be considered responsive.

CARGO DESCRIPTION/LOAD POINTS/AVAILABILITY

Parcel 03-061P-01
Qty/Cmy/Pkg: 846 NMT NFDM – Bags (25 Kg)
Availability: NET Oct-20-2003 / NLT Oct-31-2003

Parcel 03-061P-02
Qty/Cmy/Pkg: 846 NMT NFDM – Bags (25 Kg)
Availability: NET Nov-03-2003 / NLT Nov-14-2003

Load point/contact for above parcels:
Trans-Hold, Inc.
c/o Rough & Ready Island
Building 610 Gilmore Avenue
Stockton, CA 95203
Contact: Ron Coale
Phone: 209-603-4993 (office) or 209-462-0220 (warehouse)
Fax: 209-462-0188
Hours of Operation: M-F 7:00 a.m. to 5:00 p.m.


Parcel 03-061P-03
Qty/Cmy/Pkg: 498 NMT NFDM – Bags (25 Kg)
Availability: NET Oct-20-2003 / NLT Oct-31-2003
Load point/contact:
Freeport Distribution
4625 North 45th Avenue
Phoenix, AZ 85031
Contact: Heather Gardner
Phone: 623-850-5000
Fax: 623-850-5001
Hours of Operation: M-F 6:00 a.m. to 1:00 p.m.

Above dates apply to contractual requirements for the vendor. Offerors are encouraged to coordinate with vendor to ensure a smooth loading operation.

All Nonfat Dry Milk must be shipped in fully enclosed sealed marine containers, loaded at the place of receipt, and remain in same sealed container up to delivery at receiver's warehouse door. No other product may be commingled into any containers used for the carriage of the NFDM covered by this tender.

All offers must fully describe intended routes, including discharge port, relay ports, mode of transport to final destination, customs clearance/in-transit border crossing points, estimated ocean transit time of vessel and from discharge port to destination, and security arrangements. Carrier will not be permitted to deviate from the routing as booked without prior written approval of Shipper. Any request for routing deviation must be made with sufficient advance notice to allow Shipper to determine if survey arrangements will be compromised and to make alternative survey arrangements as necessary.

On source-loaded containers awarded basis Intermodal-Plant, the carrier is responsible for positioning their equipment at the supplier's door and for delivery of loaded container to port for loading, while the commodity supplier is responsible for container stuffing.

Vessel owners must comply with supplier's load and capacity capabilities. If the vessel fails to comply with supplier's load capabilities, any costs incurred by CCC including but not limited to carrying charges, liquidated damages, storage, will be for the vessel's account. Carrier must ensure that containers are placed at the plant by the commencement of the supplier's shipping period and supply containers on a continuous basis until the supplier fulfills his contract quantity. Owners are responsible to offer only for vendors who match owners' capabilities. If supplier fails to provide commodity for loading during the specified shipping period [or beyond allowable free time] demurrage, if any, will be for the account of suppliers.

If additional economies can be achieved by combining above cargo with other food aid cargo into this region, then offers should indicate intention to consolidate.

Special terms and conditions to apply to all containerized cargoes and will be incorporated into the booking contract when any cargoes are to be containerized. A copy of this attachment is available upon request from Muller Shipping.

Carriers are responsible for ensuring in advance that containers can be handled through the ports and routes offered.

At destination, Carriers is to deliver containers to Receivers warehouse door, arrange and pay for unloading and stacking into warehouse locations as instructed by Receivers. Carrier is responsible for furnishing necessary chassis and return drayage on empty containers, and any associated terminal charges.

Receivers indicate, without guarantee, capacity for unloading at an average rate of eight (8) TEUs per day. Carriers should note that normal working hours are for receiving five days per week, 9:00 a.m. to 6:00 p.m., and that stated capacities are basis all simultaneous deliveries from carriers awarded partial quantities under this IFB and/or any separate IFB.

Receiver's warehouse locations:
Station Almaty-1
Code of station 700007
Deadend 154
SVH Zholdostar
Burundaiskaya str. 93B
Almaty, Kazakhstan 

and/or

Station Almaty-1
Code Of Station 700007
Svh Astana Contract, Deadend 679
170g Krasnogvardeiskyi Tract
Almaty, Kazakhstan 

In addition to the time required for spotting and unloading containers at receiver’s warehouse, a minimum free time (both storage and per diem) of ten days is to be provided at the terminal in Almaty for customs clearance prior to commencement of warehouse delivery. Counting of free time not to commence before all containers covered by an individual multi-modal bill of lading have arrived at the terminal and arrival notice is provided to receivers.

As per USDA/KCCO Notice dated December 21, 1989 all conveyances (containers, barges, and break bulk vessels) used in shipment of these commodities must be inspected and certified by the Federal Grain Inspection Service (FGIS) or its designated agent prior to loading. Ocean carriers are to arrange for the necessary inspection at their expense and copies of certificates issued by FGIS or its designated agent must be furnished in order to receive payment for ocean freight. These certificates should be legible and furnished in quadruplicate.

Freight payment to be effected as follows:

A) Carrier is to submit required documentation to USDA as per standard Food For Progress / Section 416(b) requirements, plus confirmation of Delay Assessment computations or other liquidated damages, if any, prepared by shipper's agent. Applicable penalties will be deducted from freight proceeds.

B) Sixty-five (65) Percent of the total freight (per B/L) to be paid upon vessel arrival at discharge port.

C) Thirty-five (35) Percent balance, less any applicable Delay Assessment or other liquidated damages, to be paid upon completion of delivery to receivers' warehouse(s) at final destination (confirmation from receivers required) as contracted.

Sub-standard vessels and operators: Section 408 of the U.S. Coast Guard Authorization Act of 1998, Public Law 105-383 (46 U.S.C. Section 2302(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. As the cargo advertised in this IFB is Preference cargo, offerors must warrant that vessel(s) and owner/operators are not disqualified to carry such cargo(es).

ISM COMPLIANCE. 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 the booking note. Owners are to provide shippers or their agent 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 matters arising in connection with this vessel and the ISM Code. Carriers must acknowledge the terms of ISM Compliance in the offer.

The USDA/KCCO guidelines for claims for over, short and damaged cargo documentation shall be fully incorporated in booking.

In case of claims for loss, damage or shrinkage in transit, or any other claims against the carrier, the rules and conditions governing commercial shipments and the provisions of the carriage of goods by sea act of 1936 shall not apply as to the period within which notice thereof shall be given to carriers, or period within which claim therefore shall be made or suit instituted.

Upon confirmation of booking, liner carriers must provide copies of tariff pages evidencing booked rates and commission levels in accordance with booking and U.S. Government regulations.

Offers of non-liner U.S. Flag vessels over fifteen (15) years old must include an alternative freight rate to be applicable in the event the vessel is either scrapped or ownership is transferred after discharge at destination but prior to return to the United States.

Offers of non-liner U.S. Flag vessels must guarantee that approved freight rates 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.

No substitution of vessels allowed unless approved by AKF and USDA.

Original bills of lading to be released immediately upon loading as instructed by Muller Shipping Corp. Claused bills of lading are not permitted. Bills of lading may not indicate "Shipper's Load and Count", "Said to Contain" or other similar statements.

Except for liner vessels performing regular scheduled sailings, no additional cargo shall be loaded prior to approval from AKF and USDA on the commodity to be loaded and the itinerary of the vessel.

Shipper reserves the right to require vessel owners to post a performance bond. Said bond to be 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 AKF. Bond to be held until vessel completes loading of cargo covered in this tender and owners have released clean, unclaused original bills of lading and furnished all other required documentation. Performance bond is due within five (5) working days of booking cargo. Should owners forfeit performance bond, owners will remain liable for cargo's ultimate delivery. Acknowledgment of the performance bond should be stated in owner's original response to the tender.

Loading Delay Assessment (LDA): Shipper to assess liquidated damages of $1.00 per metric ton reduction in freight rate, per day, for all cargo that has not been loaded aboard the vessel at the U.S. port within fifteen (15) days of the Availability “NLT” date for each parcel.

Delivery Delay Assessment (DDA): Shipper to assess liquidated damages of $1.00 per metric ton reduction in freight rate, per day, on entire bill of lading quantity if all cargo has not been delivered to final destination point(s) not more than forty-five (45) days after loading, and will continue to assess liquidated damages for each and every additional day's delay on entire bill of lading quantity until all cargo has been delivered to final destination point(s). In matters relating to the Delivery Delay Assessments, local times will be utilized.

Any LDA or DDA will be deducted from ocean freight payment if not reflected in an adjustment to the freight rate shown on the bill of lading or carrier freight bill.

In the event the vessel fails to lift all or part of the shipment as originally booked due to any cause other than shipper's fault or negligence, the carrier shall be responsible for all expenses resulting from such failure including but not limited to carrying charges, pier or warehouse storage, rail, truck and/or barge demurrage, inspection, fumigation, and deterioration and reprocurement costs.

Offers should state: Owner's full style / Vessel name / former names / flag / vessel type / year built / Relay vessels / ETA/ETD loadport and full itinerary / ETA discharge port / ETA final destination / Current position of vessel / Deadweight.

By submission of its freight offer, owners are deemed to acknowledge that the covered voyages involve destinations at which a high risk of delay or other damages may occur. Freight rate(s) to include full compensation for any and all contingencies resulting from such risks.

Carriers shall include all actual and anticipated war risk insurance premiums in their offered rates. Owner bears the risk of any increase in war risk insurance premiums.

Offers from outside the United States must be made through a U.S.A. representative or broker.

Offers from NVOCCs will not be considered for U.S. or foreign flag service.

Offers may be submitted via FAX to 516-256-7701, or by sealed letter to: Muller Shipping Corp, One Industrial Plaza, Bldg. E, Valley Stream, NY 11581

Offers received after September 29, 2003 at 1400 hours Eastern Time will not be considered.

Evaluation and Contract Award: Offers that do not comply with mandatory requirements of this IFB, including but not limited to the minimums and maximums specified above, will not be considered. Offers must include full particulars demonstrating the willingness and ability to meet these requirements. Muller Shipping, on behalf of AKF, reserves the right to award without discussions, or to negotiate, accept or reject any and all offers. Award will be to the lowest responsible offeror meeting the mandatory requirements of this IFB, but otherwise subject to approval by AKF and USDA.

Questions may be addressed to Muller Shipping Corp. telephone 516-256-7700.

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