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04-096B 
Award Oct. 29, 2004


Please have the vessel fixture below posted on your bulletin: 

Charter Party Date: Oct. 28, 2004 
Country: Ethiopia - IFB No. ETH-FFP-096B 
Quantity: 16,500 M/T, min/max., Wheat in Bulk; BNT to be carried freight free 
Load port: Houston, TX 
Laydays: November 15-25, 2004 
Discharge Port: Djibouti, thru B/L to Ethiopia with bagging at discharge port 
Owner: Tradewinds Shipping, Inc. 
Vessel/Flag: M/V BROTHER ACE, Cypriot flag, built 1996 
Freight Rate: $110.00 per M/T 
$4.00 per M/T extra for each additional load port, if used 
Bulk Discharge cost $4.00 per M/T 
Bagging Cost: 5.40 per M/T 
Inland Rate: 
Kombolcha - $37.50 per M/T 
Nazareth - $45.50 per M/T 


04-096B

Tender October 20, 2004

QUOTE 

AMEX INTERNATIONAL, INC. 

OCTOBER 20, 2004 

RE: FREIGHT INVITATION FOR BIDS (IFB NO. ETH-FFP-096B) 
APPROX. 16,500 M/T HARD RED WINTER WHEAT IN BULK 
U.S. PORT(S) TO ETHIOPIA VIA DJIBOUTI PORT 
FOOD FOR PROGRESS PROGRAM – FY 2004 

AMEX INTERNATIONAL, INC., AS AGENT FOR THE DISASTER PREVENTION AND PREPAREDNESS COMMISSION (DPPC)/GOVERNMENT OF ETHIOPIA INVITES OFFERS OF U.S. AND NON-U.S. FLAG VESSEL(S) FOR THE SHIPMENT OF CARGO UNDER FOOD FOR PROGRESS PROGRAM AS FOLLOWS: 

1. ALL OFFERS MUST BE RECEIVED BY AMEX INTERNATIONAL, INC., 1615 L STREET, NW, SUITE 340, WASHINGTON, D.C. 20036 NOT LATER THAN 1100 HOURS, WASHINGTON, D.C. TIME OCTOBER 25, 2004, AND REMAIN VALID THROUGH 1800 HOURS WASHINGTON, D.C. TIME OCTOBER 28, 2004. OFFERS MAY BE HAND DELIVERED OR SUBMITTED BY TELEFAX (FAX: NO. 202-429-1867). VERBAL OR TELEPHONE OFFERS ARE NOT ACCEPTABLE. CHARTERERS WILL NOT CONSIDER FACSIMILE OFFERS WHICH HAVE NOT STARTED PRINTING BY 1100 HOURS, WASHINGTON, D.C. TIME OCTOBER 25, 2004. . 

OFFERS WITH SUBJECT OPEN WILL ONLY BE CONSIDERED IF THE “SUBJECT IS LIFTED PRIOR TO 1100 HOURS, WASHINGTON, D.C. TIME OCTOBER 26, 2004. 
ONLY OFFERS WHICH ARE RESPONSIVE TO THIS TENDER WILL BE CONSIDERED, AND NO NEGOTIATION WILL BE PERMITTED. OFFERS RECEIVED AFTER THE TIME STIPULATED ABOVE WILL NOT BE CONSIDERED. 

OFFERS OF NAMED VESSELS ONLY; VESSEL SUBSTITUTIONS IS NOT ALLOWED UNLESS APPROVED IN WRITING BY USDA/CHARTERERS. 

OFFERS FROM NON-VESSEL OPERATING COMMON CARRIERS (NVOCC) WILL NOT BE CONSIDERED. 

ALL OFFERS WILL BE OPENED AND READ IN PUBLIC AT THE ABOVE -MENTIONED TIME AND PLACE. 

CHARTERERS RESERVE THE RIGHT TO ACCEPT OR REJECT ANY OR ALL OFFERS. 

2. COMMODITY: HARD RED WINTER WHEAT IN BULK WITH ACCOMPANYING EMPTY BAGS, NEEDLES AND TWINE (BNT). 

3. QUANTITY/LAYDAYS: APPROX. 16,500 M/T – NOVEMBER 15-25, 2004 

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. CONTRACT QUANTITY WILL BE ON A MIN/MAX BASIS. 

OFFERS WITH A LAYDAYS CANCELING DATES LATER THAN THE LAYDAYS SPECIFIED ABOVE WILL NOT BE CONSIDERED. 

THE BNT TO BE DELIVERED TO OWNERS OR TO THEIR APPOINTED AGENT FREE ALONGSIDE VESSEL (F.A.S.) POINT OF REST (UNDER COVER) AT OWNERS DESIGNATED LOAD BERTH. OWNERS TO NOMINATE LOAD BERTH(S) FOR BNT WITHIN 48 HOURS AFTER RECEIPTS OF CHARTERERS’ NOMINATION OF LOAD PORT(S) FOR THE CARGO. OWNERS DESIGNATED LOAD BERTH MUST PROVIDE A POINT OF REST UNDER COVER TO PROTECT THE BNT FROM WEATHER. OWNERS WILL BE RESPONSIBLE FOR ANY AND ALL COSTS ASSOCIATED WITH RECEIVING AND PLACING THE BNT ABOARD THE VESSEL FROM THEIR F.A.S. POINT OF REST (UNDER COVER). 

BNT TO BE CARRIED FREIGHT FREE. 

OWNERS TO PROVIDE 14 DAYS’ PRE-ADVICE OF VESSEL'S ETA AT LOAD PORT. PRE-ADVICE MUST BE RECEIVED BY AMEX ON OR BEFORE 1100 HOURS, WASHINGTON, D.C. TIME DURING REGULAR BUSINESS DAYS TO BE CONSIDERED RECEIVED ON THAT DAY. NOTICE RECEIVED AFTER 1100 HOURS, OR DURING WEEKENDS/HOLIDAYS, WILL BE CONSIDERED AS RECEIVED ON THE FOLLOWING BUSINESS DAY. 

4. (A) LOAD BERTH(S)/PORT(S): ONE (1) OR TWO (2) SAFE BERTHS EACH, ONE (1) TO TWO (2) U.S. SAFE PORT(S). THE GREATER NEW ORLEANS, MISSISSIPPI RIVER AREA, INCLUDING, BUT NOT NORTH OF BATON ROUGE TO COUNT AS ONE PORT. THE COLUMBIA RIVER DISTRICT INCLUDING PORTLAND, OREGON TO COUNT AS ONE PORT. THE SAN FRANCISCO BAY AREA, INCLUDING SACRAMENTO, STOCKTON AND OAKLAND TO BE CONSIDERED AS ONE PORT. 

(B) DISCHARGE PORT: DJIBOUTI FOR DELIVERY ON THE THROUGH BILL OF LADING TO THE INITIAL POINT(S) OF DISCHARGE IN ETHIOPIA. 

5. LOAD TERMS: THE CARGO IS TO BE LOADED ACCORDING TO BERTH TERMS WITH CUSTOMARY DESPATCH AT THE AVERAGE RATE AS STATED BELOW BASED ON THE VESSELS’ CONTRACTED QUANTITY. THE RATES ARE BASIS TONS OF 2,204.6 POUNDS PER WEATHER WORKING DAYS OF 24 CONSECUTIVE HOURS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED. SATURDAY PER B.F.C. CLAUSE. 

BULKCARRIERS 
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE 
0-9,999.99 M/T 4,000 M/T PER DAY 
10,000-19,999.99 M/T 5,000 M/T PER DAY 
20,000-29,999.99 M/T 6,000 M/T PER DAY 

TANKERS 
VESSEL CONTRACTED QUANTITY LOADING GUARANTEE 
0-9,999.99 M/T 4,000 M/T PER DAY 
10,000-19,999.99 M/T 5,000 M/T PER DAY 
20,000-29,999.99 M/T 6,000 M/T PER DAY 

TWEENDECKERS: 3,000 M/T PER DAY. 

FOR LASH/SEABEE BARGES, NO LOAD RATE GUARANTEE, NO DEMURRAGE, NO DESPATCH, NO DETENTION CHARGES TO BE APPLIED AND THE SAME TO BE LOADED IN REGULAR TURN AND WITHOUT UNDUE DELAY. 

CARGO TO BE LOADED, STOWED AND TRIMMED AT OWNERS’ EXPENSE. 

SERVICE AND FACILITY CHARGES AT LOADING, IF ANY, WILL BE FOR OWNERS’ ACCOUNT. 

DEMURRAGE/DESPATCH IS APPLICABLE AT LOAD PORT ONLY. OWNERS MUST SPECIFY DEMURRAGE/DESPATCH RATE IN THEIR OFFER. DESPATCH RATE MUST BE ONE-HALF OF DEMURRAGE RATE QUOTED. 

6. LAYTIME ACCOUNTS ARE TO BE SETTLED DIRECTLY BETWEEN VESSEL OWNERS AND COMMODITY SUPPLIERS AT LOAD PORT(S). LAYTIME CALCULATIONS, OVERTIME, AND TRIMMING TO BE IN ACCORDANCE WITH ADDENDUM NO.1 OF THE NORTH AMERICAN EXPORT GRAIN ASSOCIATION, INC. FOB CONTRACT NO.2 (REVISED AS OF AUG. 1, 1988), CLAUSE NUMBERS 1 THROUGH 10 INCLUSIVE, HEREINAFTER CALLED NAEGA. FURTHER, THE FOLLOWING MODIFICATIONS TO NAEGA WILL APPLY: ANYWHERE THE WORD “BUYERS” APPEARS, THE WORD “VESSEL OWNERS” SHOULD BE SUBSTITUTED IN ITS PLACE. 

UNDER NO CIRCUMSTANCES SHALL CCC OR CHARTERERS BE RESPONSIBLE FOR RESOLVING DISPUTES INVOLVING THE CALCULATIONS OF LAYTIME OR THE PAYMENT OF DEMURRAGE OR DESPATCH BETWEEN VESSEL OWNERS AND THE COMMODITY SUPPLIER. ANY/ALL DISPUTES BETWEEN OWNERS AND COMMODITY SUPPLIERS ARISING OUT OF THIS CONTRACT RELATING TO SETTLEMENT OF LAYTIME ISSUES SHALL BE ARBITRATED IN NEW YORK SUBJECT TO THE RULES OF THE SOCIETY OF MARITIME ARBITRATORS, INC. 

7. DISCHARGE TERMS: BERTH TERMS DISCHARGE ALL INCLUSIVE, WITH NO DEMURRAGE, NO DESPATCH, NO DETENTION. OWNERS TO DELIVER THE CARGO UNDER THROUGH BILL OF LADING TO THE DPPC REGIONAL WAREHOUSES IN ETHIOPIA (INTENTION: NAZARETH - 10,000 M/T AND KOMBOLCHA - 6,500 M/T) 
AS INITIAL POINT OF DISCHARGE (FREE ON RAIL/TRUCK), AT OWNERS’ RISK, TIME AND EXPENSE. 

THE RECEIVER WILL RECEIVE AND DISCHARGE THE RAILCARS/TRUCKS AT THE POINT OF INITIAL DISCHARGE IN ETHIOPIA AT RECEIVERS’ TIME, RISK AND EXPENSE. 

OWNERS’ TO BAG THE CARGO AT DJIBOUTI PORT AT THEIR OWN RISK, TIME AND EXPENSE. OWNERS SHALL BE RESPONSIBLE FOR ENSURING THAT SUFFICIENT LABOR, WEIGHING EQUIPMENT AND OTHER SERVICES AND MATERIALS ARE AVAILABLE AT THE DISCHARGE PORT. 

OWNERS SHALL TURNOVER/DELIVER TO DPPC THE EXCESS EMPTY BAGS, NEEDLES AND TWINE, IF ANY, NOT UTILIZED IN BAGGING AT THE DISCHARGE PORT. 

OWNERS SHALL PERMIT AND COOPERATE FULLY IN THE PERFORMANCE OF A DISCHARGE SURVEY BY AN INDEPENDENT SURVEYOR APPOINTED BY USDA/KCCO. 

OWNERS TO BE FULLY RESPONSIBLE FOR VESSEL’S ACCEPTANCE INTO DISCHARGE PORT. OWNERS SHOULD INDEPENDENTLY OBTAIN PORT RESTRICTIONS AND ANY SPECIAL REQUIREMENTS OF THE PORT AUTHORITIES AND COMPLY WITH THE RESTRICTIONS AND REQUIREMENTS, AT OWNERS’ EXPENSE. 

8. OWNERS ARE TO GUARANTEE THAT VESSELS OFFERED ARE IN FULL COMPLIANCE WITH THE DISCHARGE PORTS'/BERTHS' LIMITATIONS AND ARE TO BEAR FULL RESPONSIBILITY FOR SUCH GUARANTEE. FULL OR PARTIAL LIGHTENING AT DISCHARGE PORT IF REQUIRED, IS TO BE AT OWNERS’ RISK TIME AND EXPENSE. COST OF LIGHTENING, FULL OR PARTIAL IS TO BE QUOTED IN THE OFFER. 

IF LIGHTENING IS NOT PERFORMED AND VESSEL DIRECTLY DISCHARGE AT BERTH, USDA WILL DEDUCT THE LIGHTENING COST FROM THE FREIGHT. 

FULL OR PARTIAL LIGHTENING IF REQUIRED, TO BE PERFORMED WITHIN THE DISCHARGE PORT TERRITORIAL WATER. 

OWNERS’ TO REMAIN FULLY RESPONSIBLE FOR CARGO DURING LIGHTENING OPERATIONS. 

9. OWNERS ARE ENCOURAGED TO UTILIZE THE SERVICES OF THE LOCAL ETHIOPIAN TRUCKING COMPANY FOR INLAND TRANSPORTATION (DJIBOUTI TO ETHIOPIA ) TO ACHIEVE FULLEST COORDINATION OF THE OPERATIONS WITH DPPC IN DELIVERING AND RECEIVING THE CARGO AT THE DESIGNATED INITIAL POINT(S) OF DISCHARGE IN ETHIOPIA. 

OWNERS ARE REQUIRED TO PROVIDE THE DPPC OFFICE, ETHIOPIA (CC: AMEX INTERNATIONAL, INC., WASHINGTON, DC) WITH A DAILY STATUS REPORT ON LOADING, DISCHARGING, BAGGING/INLAND TRANSPORTATION OPERATIONS AND QUANTITY OF CARGO IN TRANSIT TO THE INITIAL POINT(S) OF DISCHARGE IN ETHIOPIA. 

SUCCESSFUL OFFERORS TO PROVIDE NAME OF INLAND TRANSPORT (FOREIGN) AND BAGGING CONTRACTORS PRIOR TO USDA’S APPROVAL OF FIXTURE. ONLY NAMED INLAND TRANSPORT/BAGGING CONTRACTORS WILL BE ACCEPTED. 

10. 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 LOADING PORT, COMMODITY SUPPLIER WILL ARRANGE AND PAY FOR IN-TRANSIT FUMIGATION PERFORMED BY A CERTIFIED APPLICATOR IN ACCORDANCE WITH 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 TWEEN-DECKERS AND BULK CARRIERS (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. 

TWEEN-DECK VESSELS WILL BE CONSIDERED PROVIDED THEY ARE ACCEPTABLE FOR IN-TRANSIT FUMIGATION IN ACCORDANCE WITH FGIS FUMIGATION HANDBOOK. OFFERS OF SUCH TWEEN-DECK VESSELS MUST BE ACCOMPANIED BY A COPY OF A LETTER FROM FGIS, USDA STATING THAT THE VESSEL CAN BE FUMIGATED UNDER FGIS IN-TRANSIT FUMIGATION PROCEDURES. 

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. 

AT THE DISCHARGE PORT AND/OR AT THE INITIAL DISCHARGE POINT(S) IN ETHIOPIA, AND UPON INSPECTION BY THE GOVERNMENT/DPPC OR AUTHORIZED INSPECTORS, IF CARGO IS FOUND TO BE INFESTED AND PROVIDED CLEAN BILL(S) OF LADING WAS ISSUED, OWNERS TO ARRANGE FOR FUMIGATION AND PAY FOR THE COST. 

11. VESSEL TYPE RESTRICTIONS: TOWED BARGES ARE EXCLUDED. INTEGRATED TUG/BARGE (ITB) UNITS WILL BE CONSIDERED. 

OFFERORS ARE ENCOURAGED TO INCLUDE IN THE OFFERS THE FOLLOWING INFORMATION: 

A) VESSEL’S NAME, FLAG, YEAR BUILT, DWT, DRAFT, LOA, BEAM, NO. OF HOLD/HATCHES, SERVICE SPEED 
B) VESSEL’S POSITION 
C) VESSEL’S ITINERARY 
D) VESSEL’S ETA LOAD AND DISCHARGE PORTS 
E) TRANSIT TIME (INLAND) FROM DJIBOUTI PORT TO INITIAL POINT(S) OF DISCHARGE IN ETHIOPIA. 

ANY EXTRA INSURANCE ON CARGO AND/OR FREIGHT ON ACCOUNT OF VESSEL’S AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION, CLASSIFICATION WILL BE FOR OWNER’S ACCOUNT, BUT NOT EXCEEDING NEW YORK’S MARKET RATES (U.S. FLAG). 

FOREIGN FLAG VESSELS SHOULD NOT BE OLDER THAN 10 YEARS AND MUST BE CLASSED HIGHEST IN LLOYD'S REGISTER OR ITS EQUIVALENT. THE DATE OF ORIGINAL CONSTRUCTION, NOT REBUILT DATE, TO GOVERN. HOWEVER, CHARTERERS MAY ACCEPT OLDER VESSEL UP TO 20 YEARS OLD PROVIDED THAT ANY EXTRA INSURANCE PREMIUM DUE TO VESSEL AGE, FLAG, OWNERSHIP, TYPE, CONFIGURATION, CLASSIFICATION, TO BE FOR OWNERS’ ACCOUNT. ANY EXTRA INSURANCE PREMIUM ON CARGO AND/OR FREIGHT DUE TO VESSEL’S BEING OVER 10 YEARS OLD TO BE FOR OWNERS’ ACCOUNT BASIS LLOYD’S OF LONDON RATES. 

12. VESSELS FIFTEEN (15) YEARS OR OLDER AND PUSH-MODE ITB’S MUST HAVE ALL OPENINGS TO CARGO SPACES AND HATCH COVERS SUITABLY SEALED WITH TAPE OR BY OTHER MEANS TO ASSURE WATER TIGHT INTEGRITY. THE SEALING SHALL BE DONE TO THE SATISFACTION OF NCB SURVEYOR AS ATTESTED BY CERTIFICATION OF SPECIAL SURVEY. ALL OF THE ABOVE TO BE PERFORMED AT VESSEL’S TIME, RISK, AND EXPENSE. SPECIAL SURVEY CERTIFICATE WILL BE REQUIRED AS A CONDITION OF FREIGHT PAYMENT. SEALING OF HATCHES/OPENINGS AND SPECIAL NCB CERTIFICATE IN NO WAY DIMINISHES 

13. OWNERS RESPONSIBILITY AND LIABILITY TOWARD THE CARGO. 
FREIGHT RATE TO BE QUOTED IN U.S. DOLLARS PER METRIC TON BASIS ONE LOADING PORT AND ONE DISCHARGE PORT. 

ADDITIONAL FREIGHT, IF ANY, TO BE STATED FOR ADDITIONAL LOAD PORT(S). 

FREIGHT RATE OFFERS MUST BE BROKEN DOWN AS FOLLOWS: 

A) OCEAN TRANSPORTATION (PORT TO PORT) 
B) BULK DISCHARGE 
C) BAGGING COST 
D) INLAND TRANSPORTATION COST FROM DJIBOUTI TO INITIAL POINT OF DISCHARGE IN ETHIOPIA. 
E) LIGHTENING COST, IF APPLICABLE 

14. ANY ADDITIONAL COMPLETION CARGO(ES) MUST BE PROPERLY SEPARATED BY VESSEL’S NATURAL COMPARTMENTS AND MUST BE COMPATIBLE AND NON-INJURIOUS TO ETHIOPIA’S WHEAT, AND MUST BE STATED IN THE OFFER OR APPROVED BY CHARTERERS/USDA IF CONTRACTED AFTER FIXING ETHIOPIA’S CARGO(ES). THE VESSEL’S ITINERARY AND GEOGRAPHICAL PROXIMITY OF THE COMPLETION CARGO(ES) WILL BE TAKEN INTO CONSIDERATION BY USDA/CHARTERERS IN CONSIDERING APPROVAL OF SUCH PART CARGO(ES) IN ORDER NOT TO UNDULY IMPEDE DELIVERY OF CARGO TO ETHIOPIA. 

15. IF VESSEL PRESENTS AFTER LAYDAYS CANCELING TIME AND DATE, OWNERS SHALL BE FULLY RESPONSIBLE FOR ANY AND ALL CHARGES INCLUDING CARRYING CHARGES (STORAGE, INTEREST, INSURANCE, AND FUMIGATION CHARGE(S) THAT MAY BE ASSESSED BY THE SUPPLIERS OF THE COMMODITY AGAINST THE CHARTERERS. 

ONE-WAY RATES MUST BE QUOTED IN ADDITION TO ROUND-TRIP RATES FOR U.S. NON-LINER VESSELS WHOSE ORIGINAL CONSTRUCTION EXCEEDS 15 YEARS FROM DATE OF FIXTURES. 

16. OFFERS OF U.S. FLAG VESSELS WILL NOT BE CONSIDERED IF THE VESSEL OPERATOR HAS NOT PROVIDED THE MARITIME ADMINISTRATION (MARAD) WITH THE VESSEL COSTS PRIOR TO SUBMISSION OF THE OFFER. 

U.S. FLAG VESSELS WHICH REQUIRE PRIOR APPROVAL FROM MARAD TO PARTICIPATE IN PREFERENCE CARGOES BECAUSE OF OPERATIONAL DIFFERENTIAL SUBSIDY (ODS) CONTRACTUAL CONSTRAINTS, OR BECAUSE OF REFLAGGING/ FOREIGN CONSTRUCTION ELIGIBILITY ISSUES, MUST OBTAIN SUCH MARAD APPROVAL PRIOR TO SUBMISSION OF BIDS. U.S. FLAG VESSELS OFFERED SUBJECT TO MARAD APPROVAL, WILL NOT BE CONSIDERED. 

17. U.S. FLAG VESSELS (INCLUDING TUG AND/OR BARGE), APPROVED FREIGHT RATE(S) WILL BE REDUCED TO A LEVEL NOT HIGHER THAN THE MARAD FAIR AND REASONABLE RATE IN THE EVENT THAT ORIGINALLY APPROVED VESSEL (INCLUDING TUG AND BARGE) IS SUBSTITUTED BY A LOWER COST VESSEL. 

18. OFFERS RECEIVED SHALL BE CONSIDERED TO WARRANT THAT THE OFFERED VESSEL IS FREE FROM ANY LIEN AND IS FULLY INSURED AND ENTERED INTO A P AND I CLUB. 

19. SHOULD GENERAL AVERAGE CONDITIONS ARISE, CHARTERER SHALL ASSIGN ITS RIGHTS TO THE USDA/DEBT MANAGEMENT SECTION, WHO IN TURN SHALL CONTRIBUTE WITH THE OWNER IN GENERAL AVERAGE TO THE PAYMENT OF ANY SACRIFICES, LOSSES OR EXPENSES OF A GENERAL AVERAGE NATURE THAT MAY BE INCURRED INCLUDING SALVAGE AND SPECIAL CHARGES INCURRED IN RESPECT TO THE GOODS. IF A SALVING SHIP IS OWNED OR OPERATED BY THE OWNER, SALVAGE SHALL BE PAID FOR AS FULLY AS IF THE SAID SALVING SHIP OR SHIPS BELONGED TO STRANGERS. GENERAL AVERAGE SHALL BE PAYABLE ACCORDING TO YORK/ANTWERP RULES, 1974. CARGO TO BE RELEASED WITHOUT GENERAL AVERAGE SECURITY. 

20. SUCCESSFUL BIDDERS MUST POST A PERFORMANCE BOND EQUIVALENT TO 5 PERCENT OF OCEAN FREIGHT WITHIN FIVE (5) WORKING DAYS FROM DATE OF FREIGHT CONTRACT AWARD. PERFORMANCE BOND TO BE IN THE FORM OF CASHIER’S CHECK, OR CERTIFIED CHECK OR A CONFIRMED IRREVOCABLE LETTER OF CREDIT ISSUED BY A PRIME U.S. BANK IN FAVOR OF THE EMBASSY OF ETHIOPIA C/O AMEX INTERNATIONAL, INC., AS AGENTS FOR DPPC. PERFORMANCE BOND IS COLLECTIBLE AGAINST A STATEMENT FROM THE CHARTERERS THAT THE VESSEL OWNERS FAILED TO PERFORM IN ACCORDANCE WITH THE PROVISION OF THE GOVERNING CHARTER PARTY. THE ABOVE PERFORMANCE BOND SHALL REMAIN VALID THROUGH COMPLETION OF LOADING AND VESSEL SAILING. HOWEVER, CHARTERERS WILL RELEASE SAID BOND AND LETTER OF CREDIT SHALL BE CANCELLED UPON VESSEL'S PRESENTATION FOR LOADING WITHIN THE CONTRACTED LAYDAYS. UNDER NO CIRCUMSTANCES IS THE PERFORMANCE BOND TO BE CONSTRUED AS THE LIQUIDATION OF DAMAGES INCURRED DUE TO NONPERFORMANCE OF VESSEL OWNER. 

21. PAYMENT OF 60 PERCENT OF FREIGHT WILL BE MADE IN ACCORDANCE WITH C/P TERMS UPON VESSEL’S ARRIVAL AT THE DISCHARGE PORT. 

THE 40 PERCENT BALANCE OF FREIGHT WILL BE PAID FOLLOWING CONFIRMATION FROM RECEIVERS THAT OWNERS HAVE COMPLETED DELIVERY OF CARGO AT THE INITIAL POINT(S) OF DISCHARGE IN ETHIOPIA (DPPC WAREHOUSES) AND HAVE FULFILLED ALL THEIR OBLIGATIONS UNDER THE CONTRACT. 

PLEASE NOTE PROVISION OF CHARTER PARTY RIDER CLAUSE 73.(F.) REGARDING DIRECT PAYMENT BY ELECTRONIC TRANSFER. 

22. OFFERS MUST BE SUBMITTED BASIS CURRENT GOVERNMENT OF ETHIOPIA PROFORMA C/P (NORGRAIN-ADAPTED BY ETHIOPIA SEPTEMBER, 2004 AND THIS IFB WHICH IS AVAILABLE FROM AMEX INTERNATIONAL, INC. 

23. 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) UP TO ONE YEAR AFTER SUCH SUBSTANDARD DETERMINATION HAS BEEN PUBLISHED ELECTRONICALLY. AS THE CARGO ADVERTIZED IN THIS RFP IS PREFERENCE CARGO, OFFERORS MUST WARRANT THAT VESSEL(S) AND OWNER/OPERATORS ARE NOT DISQUALIFIED TO CARRY SUCH CARGO(ES). 

24. 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 MATTERS ARISING IN CONNECTION WITH THIS VESSEL AND THE ISM CODE. 

25. ISPS CLAUSE: 
A. 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). 

EXCEPT AS OTHERWISE PROVIDED IN THE 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 OWNER’S 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 THE 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. ALL OFFERS AND SUBSEQUENT CONTRACTS TO BE SUBJECT TO THE FOOD FOR PROGRESS PROGRAM/USDA REGULATIONS AND THE TERMS AND CONDITION OF THIS IFB. 

27. COMMISSION TO BE PAID BY VESSEL OWNERS: 2.5 PCT TO AMEX INTERNATIONAL IF VESSEL IS OFFERED DIRECT, AND 2/3 OF 2.5 PCT TO AMEX INTERNATIONAL AND 1/3 OF 2.5 PCT TO OWNERS’ BROKER IF VESSEL IS OFFERED THROUGH OWNERS’ BROKER. 

29. ALL FIXTURES ARE SUBJECT TO USDA’S APPROVAL. 

AMEX INTERNATIONAL, INC. 
1615 L STREET, NW, SUITE 340 
WASHINGTON, D.C. 20036 
TELEPHONE: (202) 429-0222 
TELEFAX: (202) 429-1867 OR 202-429-0486 

UNQUOTE

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