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04-040B Award
Nov. 3, 2004

04-040
Owners: Moby marine Corp., Fort Pierce, Florida
Vessels: Barge "HUDSON" + Tug "MISS CHLOE"
Cargo: 7,000 MT wheat 
Ports: Houston / Georgetown
Laydays: August 27 / September 5, 2004
Rate: $92.70 per metric ton
Demurrage: $7,000 / HD


04-040B
Tender August 2, 2004

Charrier, Gibson and Associates, Inc., on behalf of the Government of
the Republic of Guyana, Washington, D.C. requests offers U.S. and
non-U.S. flag vessels on the basis of full or part cargo(es) or liner
shipment(s) for the carriage of bulk wheat under the Food for Progress
program IFB NO. GY-FFP-04-040B on the following basis:

1. Cargo: 
- Approximately 3,000 - 3,300 metric tons HRW wheat in bulk.
- Approximately 4,000 - 4,300 metric tons NS/DNS wheat in bulk.
-Cargo quantities will be contracted on a min/max basis.
-These cargoes to be stowed in holds devoted exclusively to each cargo
with no mixing of the different types / classes. If artificial bulkhead
required same to be at owner's time, risk and expense and to be built to
charterers surveyor's / NCB satisfaction.
-Vessel owners and brokers should offer vessels to carry a range of
tonnages in the event that the quantities purchased are less than the
quantity stated in the IFB or more than one bottom is required to lift
each quantity purchased.
- Any additional completion cargoes must be duly separated and must be
compatible, and non-injurious to the Government of Guyana cargo(es), and
must be stated in the offer or approved by Charterers / USDA if
contracted after fixing Government of Guyana cargo(es). Vessel's
itinerary and geographical proximity of completion cargo(es) will be
taken into consideration by Charterers / USDA in considering approval of
such part cargo(es) in order not to unduly impede delivery of cargo to
the Republic of Guyana.

2. Laydays: August 27 / September 5, 2004
Due to urgent need for cargo in Guyana, all offers must state vessel's
current position and itinerary with ETA basis U.S. Gulf and discharge
port.
-Owners will be required to submit a 14 day pre-advice of vessels ETA at
the first or sole load port to the offices of Charrier, Gibson & Assoc.,
Inc. prior to 1100 hours Washington, DC time on a business day to be
considered received on that day. If the pre-advice is received after
1100 hours Washington, DC time on any business day, weekend or holiday,
the pre-advice will be considered received on the next business day. 
-Offers with laydays beyond canceling date will not be considered.
- Successful bidders are to provide a performance bond, in the form of a
letter
of credit or certified check, in favor of charterers, within five days
of
fixture and in the amount of ten percent of the gross freight. Said
letter
of credit to be valid for thirty days beyond the canceling date of the
relevant charter party. However, the Government of Guyana will release
said bond upon vessel's presentation for loading within the contracted
laydays and after completion of loading of the cargo per the charter
party.
The letter of credit shall be collectible at sight accompanied by a
statement from the beneficiary that the ship owner did not perform in
accordance with the terms and conditions of the charter party. Under no
circumstances is the performance bond to be considered as the maximum
liability or liquidation of the damages occurring due to the
nonperformance
of the ship owner.

3. Load Port: 1/2 Safe Berths each 1/2 Safe U.S. Ports including U.S.
Great Lakes ports. The Greater New Orleans/ Mississippi River area,
including but not north of Baton Rouge, shall 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, offers are to include name and description of feeder
vessels. Offerors should specify U.S. coastal range or ranges and / or
load ports which are applicable to their offer.

4. Discharge Port: National Milling Company Jetty, Georgetown
(Demerara), Guyana. Discharge port restrictions: Maximum SWAD of
vessel: 17 feet; Maximum BEAM of vessel: 70 feet; Maximum LOA of vessel:
350 feet. However, vessels of larger size can be accommodated provided
shifting and turning of vessel and lightening, if necessary, to be for
owner's time, risk and expense. Vessel to lay aground as is customary
at the NAMILCO jetty. Owners are to verify and assume responsibility
for vessel's safe draft in entering / exiting port and placing vessel
alongside / sailing from discharging berth.

5. Load Terms/Rate: Cargo to be loaded according to berth terms with
customary dispatch at the average rate as delineated below on vessel's
contracted quantity. The rates are basis metric tons of 2,204.6 pounds
per weather working day of 24 consecutive hours, Saturdays (as per BFC
Saturday clause), Sundays and holidays excepted, even if used.
-Bulkcarriers: Vessel Contracted Quantity: Loading
Guarantee:
0 - 9,999 MT 4,000 MT
per day
10,000 - 19,999 MT 5,000 MT
per day
-Tankers (Provided that the vessel can accept and stow/trim at these
rates):
Vessel Contracted Quantity: Loading
Guarantee:
0 - 9,999 MT 4,000 MT
per day
10,000 - 19,999 MT 5,000 MT
per day
-Tweendeckers / Multideckers (including liners) : Loading Guarantee
will be 3,000 MT per day.
-Lash / Seabee barges: The Loading Guarantee will not apply.
-Cargo to be loaded, stowed and trimmed at the Owners' expense.

6. Discharge Terms: Free out at the average rate of 1,000 metric tons
for bulkcarriers and 800 metric tons for tankers, multi-deckers
(including liners) and bulkcarriers in excess of the above specified
port restrictions, weather working day of 24 consecutive hours,
Saturdays (as per BFC Saturday clause), Sundays and holidays excepted,
even if used.

7. Ocean freight rate to be quoted per metric ton vessel load / free
discharge basis one load port to one discharge port with quotation of
additional freight, if any, for additional load port(s) if used. Any
additional costs to be stated separately. Demurrage / despatch rate to
be quoted. Laytime to be non-reversible. 

8. Section 408 of the Coast Guard Authorization Act of 1998, Public Law
105-383 (46 U.S.C. paragraph 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 / 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
cargoes advertised in this IFB are government impelled (preference)
cargoes, offeror must warrant that vessel(s) and owner / operator are
not disqualified to carry such government impelled (preference)
cargo(es).

9. Tug and barge combination will not be considered if offered as a
tandem tow or a double tow. Foreign flag vessels must be classed
highest in Lloyd's register or its equivalent. 

10. Owner is to guarantee that vessel is suitable for pneumatic
discharge and is to tender clear of sweat battens. No cargo is to be
loaded in deeptanks, bunkers or other compartments not easily accessible
to pneumatic discharge. 

11. Vessel to have mechanical or hydraulic hatch covers. Geared vessels
to be fully geared with minimum lifting capacity of 5 tons per hatch.
Gearless vessels or vessels with less than 5 ton gear must supply
discharging equipment to efficiently maintain the above guaranteed
discharge rate. Owners to provide rain tents for all hatches in which
cargo is loaded.

12. For U.S. non-liner vessels whose date of original construction
exceeds 15 years from date of fixture, one-way rates must be quoted in
addition to round trip rates.

13. Extra insurance on account of vessel's age, flag, ownership,
configuration, classification, will be for owner's account, but not
exceeding New York's market rates for U.S. flag vessels and London
market rates for non-U.S. flag vessels. Any extra insurance premium on
ocean going tug/barge will be for owners account, but not exceeding New
York's market rates for U.S. flag vessels and London market rates for
non-U.S. flag vessels. Owner of tug/barge must also have tow
arrangement duly inspected and certified by Salvage Association, if
applicable, otherwise by competent independent surveyor/inspector at
owner's expense.

14. Vessels 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 load port, commodity supplier(s) to arrange and pay for in
transit fumigation performed by a certified applicator in accordance
with the USDA, FGIS fumigation handbook. 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 bulkcarriers (including push-mode
ITB) the recirculation method of fumigation will be used. For tankers
and tug / barges other than push mode ITB's, surface application will be
used. 
Tweendeck vessels will be considered provided they are acceptable for
in-transit fumigation in accordance with FGIS Fumigation Handbook.
Offers of such tweendeck vessels must be accompanied by a copy of a
letter from FGIS, USDA stating that the vessel can be fumigated under
the FGIS in-transit fumigation procedures.
In addition, tweendeck 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.
At the discharge port and upon inspection by government inspectors, if
the cargo and/or vessel is found to be infested , and provided clean
bills of lading were issued, owners will arrange for the cargo to be
fumigated within 24 hours of discovery of such infestation. The
fumigation costs, if any, are to be for the vessel owners account, time
counting on US flag vessels and not counting on non-US flag vessels.

15. U.S. Flag approved freight rate will be reduced to a level no higher
than the Maritime Administration fair and reasonable rate in the event
that approved vessel is substituted by a lower cost vessel (including
tug and/or barge).

16. Only clean offers of named vessels will be considered. Offerors are
encouraged to include usual information such as owner's full style and
full vessel particulars 



including flag, year built, DWT, LOA, beam, draft, class, speed, grain
cubic capacity, holds (intended for stowage and configuration), hatches,
gear and vessel itinerary. 

Owners warrant that vessel is classified with a member of the
International Association of Classification Societies and will remain in
class during the duration of this Charter Party. Owners warrant that
the vessel is fully covered by a P&I Club that is a member of the
International Group of P&I Clubs for the duration of this Charter Party.
Owners warrant that the vessel is suitable for the carriage of this
cargo and in full compliance with all applicable load and discharge port
/ berth regulations / restrictions.

17. If owners fail to tender the contracted vessel, or substitute
approved by USDA / Charterers, and same is not accepted within the
laydays, whether or not the option to cancel is exercised, Owners are to
be fully responsible for all charges attributable to the failure to
tender and be accepted before the canceling date of the charter,
including but not limited to the grain carrying charges covering
interest, inspection, storage, insurance and fumigation, and excess
freight or re-procurement costs.

18. Substitution vessel not permitted without USDA / Charterers' prior
written approval. Any vessel substitute shall be of the same type,
class, approximate size, speed and with same laydays.

19. Freight payment of 100 percent will be made in accordance with the
terms of the Proforma Charter Party upon vessel's arrival at first or
sole port of discharge. Please note provision in the proforma Charter
Party Clause 48 regarding payment by electronic transfer.

20. Non-vessel operating common carriers (NVOCC) may not be employed to
carry U.S./foreign flag shipments. Transshipment is prohibited.

21. U.S. flag offers will not be considered if the vessel operator has
not provided the U.S. Maritime Administration with the vessel costs
prior to submission of the offer.

22. For U.S. flag vessels loading less than a full cargo, the less than
full cargo freight rate will be subject to a reduction to meet any
revised U.S. Maritime Administration freight rate guideline due to
vessel loading other additional cargo.

23. Owners to provide additional NCB certifications evidencing that
vessel hatch covers and any other openings leading to cargo compartments
have been sealed to prevent any outside water entering the cargo
compartments.

24. Owners to guarantee that performing vessel fully complies 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 the vessel's
employment under this Charter Party. Owners are to provide Charterers
with satisfactory evidence of compliance if so required 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.

25. ISPS CLAUSE:
(A) (i) From the date of coming into force of the International Code for
the Security of Ships and of Port Facilities and the relevant amendments
to Chapter XI of SOLAS (ISPS Code) in relation to the Vessel, the Owners
shall procure that both the Vessel and "the Company" (as defined by the
ISPS Code) shall comply with the requirements of the ISPS Code relating
to the Vessel and "the Company". Upon request the Owners shall provide a
copy of the relevant International Ship Security Certificate (or the
Interim
International Ship Security Certificate) to the Charterers. The Owners
shall provide the Charterers with the full style contact details of the
Company Security Officer (CSO).

(ii) Except as otherwise provided in this Charter Party, loss, damage,
expense or delay, excluding consequential loss, caused by failure on the
part of the Owners or "the Company" to comply with the requirements of
the ISPS Code or this Clause shall be for the Owners' account.

(B) Owner to specify any information required from Charterers in order
to comply with ISPS at time vessel tenders pre-advice notice for this
cargo. The Charterers shall provide the CSO and the Ship Security
Officer (SSO)/Master with their full style contact details and any other
information the Owners require to comply with the ISPS Code.

(C) Notwithstanding anything to the contrary provided in this Charter
Party, any additional costs or expenses whatsoever solely arising out of
or related to security regulations or measures required by the port
facility or any relevant authority in accordance with the ISPS Code
including, but not limited to, security guards, launch services, tug
escorts, port security fees or taxes and inspections, shall be for the
Owners' account. All measures required by the Owners to comply with the
Ship Security Plan shall be for the Owners' account.

26. Commission of 2.5% on freight / deadfreight to be paid to
Charterer's agent, if offered direct. If broker involved, 2/3 of 2.5%
to Charterer's agent and 1/3 of 2.5% to owners broker. The commission
structure (if any beyond CGA) to be stated clearly in the offer.

27. Offers are due no later than 1100 hours Washington, D.C. time,
August 4, 2004, and must remain valid through 1800 hours, August 6,
2004, Washington, D.C. time. Offers are to be received by sealed letter
or telex or telefax or telegram at the offices of Charrier, Gibson and
Associates, Inc. For telex and telefax offers, charterers will not
consider offers which have not connected to CGA's telex or telefax
machines by the time specified above. Offers subject open will only be
considered when subject open restriction is lifted prior to 1100 hours
Washington, DC time on August 5, 2004. U.S. flag vessels offered
subject to MARAD approval will not be considered. If MARAD approval of
vessel is required, same must be obtained prior to submission of an
offer.

28. U.S. and foreign flag offers will be opened and read in public at
the offices of CGA, 1210 Eton Ct., Washington, D.C., as agents for the
Government of the Republic of Guyana. Charterers will only consider
offers which are responsive to this tender. For all offers, no
negotiation shall be permitted. Late offers will not be accepted. No
phone offers will be accepted.

29. Full terms and conditions of Guyana Food for Progress / Section
416(b) Proforma Charter Party (NORGRAIN) (revised July 2004) with
logical alterations as stated in this invitation for offers to apply.

30. All offers and subsequent awards are subject to the U.S.
Agricultural Commodity Foreign Donation agreement with the Government of
the Republic of Guyana and the regulations governing the Food for
Progress / Section 416(b) programs. All fixtures are subject to USDA
approval.

31. For additional information or proforma Charter Party, please contact
the offices of Charrier, Gibson and Associates, Inc., 1210 Eton Ct.,
Washington, D.C. 20007 Telephone: (202) 333-1303. Fax: (202) 333-5755.
Email: rob@cgashipping.com.

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