Freight Tender: AID, PL480 Title II, Ethiopia parcels 12/2/01



TENDER NO. 14.003/UNICEF PAKISTAN EX-JACINTO PREPO

Freight Tender: AID, PL480 Title II, RUTF to Pakistan 12/26/13.

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BKA LOGISTICS LLC, ON BEHALF OF THE U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID), REQUESTS FIRM PROPOSALS FROM U.S. AND NON U.S. FLAG VESSELS FOR CARRIAGE OF THE FOLLOWING PL480 TITLE II EMERGENCY READY TO USE THERAPEUTIC FOOD (RUTF), EX JACI PREPO:

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RFP: USAID-RUTF-JACI/PAKI-01

SO NO.: 5000178583 (UNICEF)

FREIGHT PO: 4210001141

CARGO: UP TO 320 NMT

COMMODITY: RUTF – 150/92G POUCH

LOADPORT: JACINTO PREPOSITION – SEE NOTE 1

DESTINATION: KARACHI, PAKISTAN VIA THRU B/L – SEE NOTE 2

AVAIL: PROMPT

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ON THE ABOVE:

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TERMS: FULL BERTH TERMS, ALL INCLUSIVE. NO DEMURRAGE / NO

DESPATCH/ NO DETENTION ON VESSELS/CONTAINERS/TRAILERS BENDS.

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SPECIAL NOTE "A":

SUBMISSION OF FREIGHT OFFERS:

OFFERS WILL NOT BE SUBMITTED THRU WBSCM. ONLY FAX, E-MAIL, OR SEALED HAND DELIVERED, OFFERS RECEIVED PRIOR TO TENDER CLOSING TIME WILL BE ACCEPTED OR CONSIDERED. NO PHONE OFFERS WILL BE ACCEPTED.

OFFERS TO BE SUBMITTED TO BKA LOGISTICS LLC, 1629 K STREET, NW,

SUITE 500, WASHINGTON, DC 20006, BY 1100 HRS ET JANUARY 02, 2014.

FAX: 202-331-7735, EMAIL: MARK.MILLARD@

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SPECIAL NOTE "B":

IN AWARDING CARGO UNDER THIS FREIGHT TENDER, USAID WILL CONSIDER FACTORS INCLUDING THE LOWEST LANDED COST, AND THE IMPACT OF ANY POTENTIAL AWARD ON THE AGENCY’S ABILITY TO SATISFY THE REQUIREMENTS OF STATUTES AND REGULATIONS INCLUDING THE CARGO PREFERENCE ACT. 

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SPECIAL REQUIREMENTS:

DISPUTE RESOLUTION – FEDERAL ACQUISITION REGULATIONS

LDA – NO.

DDA – NO.

FUMIGATION – NO.

EQUIPMENT AVAILABILITY – CARRIERS MUST CONFIRM IN THEIR OFFER THAT THEY HAVE SUFFICIENT FGIS INSPECTION GRADE CONTAINERS AVAILABLE IN THE HOUSTON AREA.

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ADDITIONAL CLAUSES:

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NOTE 1: PREPOSITION CARGO CLAUSE:

UPON NOTIFICATION TO USDA/KCCO OF VESSEL CONTRACT AWARD, VESSEL WILL BE NOTIFIED WITHIN 2 WORKING DAYS AS TO THE EXACT LOCATION OF ALL CARGO TO BE CARRIED. VESSEL WILL HAVE 96 HOURS TO ACCEPT OR REJECT COMMODITY NOMINATED GIVING REASON(S) FOR ANY REJECTION WITHIN THE GIVEN 96 HOUR PERIOD. THE REJECTED COMMODITY SHALL BE IDENTIFIED TO THE PORT AND TO CCC. VESSEL SHALL SIGN NON-NEGOTIABLE DOCK RECEIPTS REPORTS, INDICATING ACCEPTANCE OF THE COMMODITY IN GOOD ORDER. UPON ACCEPTANCE, CARGO IS DEEMED TO BE IN A F.A.S. POSITION AND BECOMES THE RESPONSIBLITY OF THE CARRIER TO MOVE FROM THE RESTING POSITION WITHIN THE WAREHOUSE TO THE VESSEL. REJECTED CARGO MAY BE REPLACED AND VESSEL HAS 24 HOURS TO INSPECT ANY REPLACEMENT COMMODITY WITH ACCEPTANCE SHIFTING TO THE VESSEL UPON SIGNING DOCK RECEIPTS. COMMODITY REJECTED BY THE OCEAN CARRIER WILL BE SUBJECT TO INSPECTION BY F.G.I.S. TO DETERMINE ITS DISPOSITION. CARGOES MOVING FROM RAILCARS DIRECTLY TO THE VESSEL ARE THE RESPONSIBILITY OF THE VESSEL. SUCH CARGOES MUST BE INSPECTED AS RAILCARS ARE UNLOADED AND VESSEL TO REPORT ANY COMMODITY FOUND DAMAGED TO CCC, KCCO, EOD.

RUTF IS PALLETIZED & SHRINK WRAPPED AT JACI PREPO AND MUST REMAIN PALLETIZED/SHRINK WRAPPED THROUGHOUT CARRIAGE TO THE FINAL DESTINATION. TO ACHIEVE LOADING THE FULL QUANTITY RELEASED AND TO MINIMIZE CONTAINERS, USAID WILL ALLOW A MINIMAL NUMBER OF PALLETS TO BE BROKEN DOWN AND LOOSE CASES PROPERLY STOWED AT CARRIER’S TIME/RISK/EXPENSE. THE CARRIER MUST GET USAID APPROVAL TO BREAKDOWN PALLETS. PALLETS ARE STACKABLE. CONTAINER STOW PLAN, WITHOUT GUARANTEE, IS AS FOLLOWS:

1 CASE = 30.4 NET LBS AND 34.44 GROSS LBS.

1 PALLET = 40-50 CASES.

ABT 20 PALLETS = PER TEU.

ABT 40 PALLETS = PER FEU.

IN ADDITION, COSTS FOR PERMITS OR FINES TO MOVE CONTAINERS THAT EXCEED OVER-THE-ROAD WEIGHT LIMITS ARE FOR THE CARRIER’S ACCOUNT.

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NOTE 2: DISCHARGE/DELIVERY TERMS: CARRIERS TO BID BASED ON THE U.S. FOOD AID BOOKING NOTE DISCHARGE/DELIVERY TERMS 2(C)(i) - CARRIER TO DELIVER CARGOES TO RECEIVER’S WAREHOUSE DOOR, VIA THROUGH BILL OF LADING, AT CARRIER’S TIME, RISK, AND EXPENSE. WAREHOUSE LOCATION: AGILITY WAREHOUSE, PLOT NO. A6-A7, NORTH WESTERN INDUSTRIAL ZONE, PORT BIN QASIM, KARACHI, PAKISTAN. POC: MR. SALEEM, TEL +92.321.8901582 OR MR. DANISH TEL +92.333.3404380. CONSIGNEE/RECEIVER REQUIRES THIRTY (30) DAYS OF TOTAL FREE TIME PER CONTAINER TO COMPLETE CUSTOMS FORMALITIES, DE-STUFF AT THEIR WAREHOUSE UPON CARRIER THRU B/L DELIVERIES, AND MAKE THE EMPTY CONTAINERS AVAILABLE AT THEIR WAREHOUSE FOR CARRIER REMOVAL. THE START OF THE FREE TIME PERIOD TO COMMENCE UPON COMPLETION OF CARRIER DISCHARGING ALL USAID (UNICEF) RUTF CONTAINERS ON BOARD THE VESSEL. NO CONTAINER DEMURRAGE, DETENTION, AND STORAGE CHARGES ARE APPLICABLE DURING THE FREE TIME PERIOD. THE CARRIER MUST COORDINATE THE THRU B/L DELIVERIES WITH THE CONSIGNEE/RECEIVER.

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NOTE 3: EVALUATION & AWARD WILL BE BASED ON BEST VALUE TO THE U.S. GOVERNMENT AND TO THE EMERGENCY PROGRAM, INCLUDING SERVICE, PAST PERFORMANCE & PRICE. RATES MUST BE SUBMITTED IN U.S. DOLLARS (USD) PER TEU A/O FEU ALL-INCLUSIVE. REPEAT, RATES MUST BE ALL-INCLUSIVE AND COVER ALL COSTS AS OUTLINED IN THE FREIGHT REQUIREMENTS IN THIS TENDER.

USAID ENCOURAGES OFFERORS TO PROVIDE RATES FOR BOTH CONTAINER SIZES. USAID WILL DECLARE THE CONTAINER SIZE AT THE TIME OF BOOKING.

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NOTE 4: CONTAINERIZATION IS REQUIRED. 20’ A/O 40’ CONTAINERS ACCEPTABLE. CARRIER MUST CERTIFY THAT EACH CONTAINER UTILIZED TO LOAD USAID CARGO IS: (A) IN WIND AND WATER TIGHT CONDITION; (B) NOT MORE THAN TEN (10) YEARS OLD; AND, (C) NOT A SALVAGED CONTAINER OR MUSTERED OUT FROM REGULAR SERVICE. AS A CONDITION OF PAYMENT, CARRIER MUST PROVIDE BKA A FGIS SURVEY REPORT ATTESTING TO THE SATISFACTORY CONDITION OF CONTAINERS. SURVEY IS TO BE PERFORMED PRIOR TO LOADING USAID CARGOES.

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NOTE 5: CONTAINERS TO BE LOADED BY CARRIER AT CARRIER’S TIME, RISK, AND EXPENSE. NO MINIMUM CONTAINER LOAD REQUIREMENTS WILL BE ACCEPTED.

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NOTE 6: 100% FREIGHT DUE UPON COMPLETION OF DELIVERY AT THE FINAL DESTINATION POINT(S).

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NOTE 7: OFFERS MUST BE FOR NAMED VESSEL(S) AND INCLUDE REASONABLE AND ACCEPTABLE LOADING SCHEDULES AND TRANSIT TIMES IN ORDER TO BE CONSIDERED RESPONSIVE. OFFERS FOR CARRIAGE VIA VESSELS NOT IN A REGULARLY SCHEDULED LINER SERVICE MUST PROVIDE VESSEL'S ITINERARY AND CURRENT POSITION. ADDITIONALLY, SUCH OFFERS SHOULD INCLUDE FULL PARTICULARS ON VESSEL OWNER'S COMPANY INCLUDING OFFICERS, ADDRESS AND BANK REFERENCE.

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NOTE 8: OFFERORS MUST CERTIFY IN THEIR OFFER THAT THEY ARE NOT

CURRENTLY SUSPENDED OR DEBARRED FROM DOING BUSINESS WITH THE U.S.

GOVERNMENT/USAID.

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NOTE 9: TRANSATLANTIC BARGE CLAUSE:

TOWED BARGES WILL BE CONSIDERED IN THE TRANSATLANTIC TRADE PROVIDED ALL CARGO IS CONTAINERIZED AND STOWED UNDER DECK. NO OTHER STOWAGE ARRANGEMENT WILL BE CONSIDERED UNLESS THE CARRIER HAS RECEIVED WRITTEN NOTIFICATION FROM THE SHIPPER(S) AND USAID PROVIDING APPROVAL FOR A SPECIFIC VESSEL PRIOR TO THAT VESSEL PARTICIPATING IN ANY TITLE II TRANSATLANTIC FOOD AID SHIPMENTS. 

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NOTE 10: NOTICE TO THE TRADE DATED JULY 22, 2009, “THE FREEDOM OF

INFORMATION ACT (FOIA) AND SUBMISSIONS OF FREIGHT PROPOSALS IN RESPONSE TO P.L. 480 TITLE II REQUESTS FOR PROPOSALS”, IS INCORPORATED INTO THIS RFP AS FOLLOWS:

PLEASE BE ADVISED THAT EFFECTIVE IMMEDIATELY, ALL OCEAN CARRIERS

SUBMITTING FREIGHT PROPOSALS IN RESPONSE TO P.L. 480 TITLE II

FREIGHT RFPS FOR MARK AND COUNT CARGOES AND/OR BULK CARGOES

AND/OR OVERSEAS AND/OR DOMESTIC PREPOSITION CARGOES MUST INCLUDE

ONE OF THE STATEMENTS BELOW IN EACH FREIGHT OFFER SUBMITTED.

PLEASE NOTE THAT THIS STATEMENT IS REQUIRED FOR EACH OFFER

SUBMITTED. FOR OFFERS SUBMITTED THROUGH THE WEB BASED SUPPLY CHAIN MANAGEMENT (WBSCM) SYSTEM, ONE OF THE STATEMENTS BELOW MUST

APPEAR IN THE FREE FORM REMARKS SECTION FOR EACH OFFER

SUBMITTED. EACH PAGE OF EACH OFFER SUBMITTED OUTSIDE OF WBSCM

MUST INCLUDE ONE OF THE FOLLOWING STATEMENTS:

1. THIS FREIGHT PROPOSAL, WHETHER SUCCESSFUL OR UNSUCCESSFUL,

CONTAINS TRADE SECRETS OR COMMERCIAL FINANCIAL INFORMATION

WHICH ARE PRIVILEGED AND CONFIDENTIAL AND EXEMPT FROM

DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, 5 U.S.C.

SECTION 552. FURTHERMORE, THIS INFORMATION IS PROHIBITED FROM

DISCLOSURE UNDER THE TRADE SECRETS ACT, 18 U.S.C. SECTION 1905.

-- OR --

2. THIS FREIGHT PROPOSAL, WHETHER SUCCESSFUL OR UNSUCCESSFUL,

MAY, IN THE FUTURE, BE MADE PUBLIC OR RELEASED UNDER A FOIA

REQUEST.

IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT MS. CHRISTINE KARPINSKI AT 202-567-4642.

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NOTE 11: ALL VESSEL SUBSTITUTION REQUESTS MUST BE REVIEWED BY USAID. THE

PROPOSED SUBSTITUTE VESSEL SHOULD BE OF THE SAME TYPE AS THE

ORIGINALLY AWARDED VESSEL. THIS APPLIES TO BOTH U.S. AND FOREIGN

FLAG VESSEL SUBSTITUTIONS. THE PROPOSED SUBSTITUTE VESSEL MUST

ALSO APPEAR ON THE APPLICABLE MARITIME ADMINISTRATION U.S. OR

FOREIGN FLAG VESSEL LIST WHICH CAN BE ACCESSED USING THE FOLLOWING URL:



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- CARRIERS SHALL INCLUDE ALL ACTUAL AND ANTICIPATED WAR RISK INSURANCE

PREMIUMS IN THEIR OFFERED RATES. USAID WILL ONLY REIMBURSE OR PAY

ACTUAL CONTRACTED RATES. OWNER BEARS THE RISK OF ANY INCREASE IN

WAR RISK INSURANCE PREMIUMS.

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- AS APPLICABLE, THE ALL INCLUSIVE RATE SUBMITTED MUST BREAKOUT

THE FOLLOWING COMPONENTS: OCEAN FREIGHT, INLAND TRANSPORTATION

(DOMESTIC AND FOREIGN), FUMIGATION, AND, STRIPPING/STACKING CHARGES

AT FINAL DESTINATION (IF APPLICABLE). CARRIERS WHO DO NOT SUBMIT

ALL INCLUSIVE RATES AS OUTLINED ABOVE WILL BE CONSIDERED NON

RESPONSIVE.

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-RFP'S AND CONTRACTS EXCEEDING USD $100,000 ARE SUBJECT TO THE FOLLOWING (WHICH ARE HEREBY INCORPORATED BY REFERENCE):

THE BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. 1352, (IMPLEMENTED IN FAR SUBPART 3.8 AND THE CLAUSES AT FAR 52.203-11 AND 52.203-12.) EACH OFFEROR BY SUBMITTING ITS OFFER CERTIFIES IT IS IN COMPLIANCE WITH FAR 52.203-11. A DISCLOSURE FORM, IF REQUIRED, MUST ACCOMPANY THE OFFER. COPIES OF THE BYRD CERTIFICATES MAY BE OBTAINED AT THE WASHINGTON, D.C. OFFICES OF BKA LOGISTICS LLC FOR U.S.-FLAG FIXTURES, THE SIGNATURE OF THE ACTUAL VESSEL OWNERS IS REQUIRED; FOR FOREIGN-FLAG FIXTURES, AN AUTHORIZED AGENT MAY SIGN ON OWNER'S BEHALF, PROVIDED THAT A COPY OF THE OWNERS AUTHORIZATION TO SIGN IS SUPPLIED AND THE SIGNATURE INDICATES WHETHER THE SIGNING IS IN THE CAPACITY AS AGENT, BROKER OR

REPRESENTATIVE.

THE FOLLOWING FEDERAL ACQUISITION REGULATION TERMS AND CONDITIONS ARE HEREBY MADE AN INTEGRAL PART OF ANY CONTRACT RESULTING FROM THIS RFP:

- FAR CLAUSE 52.203-3 GRATUITIES

- FAR CLAUSE 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

- FAR CLAUSE 52.204-7 CENTRAL CONTRACTOR REGISTRATION. OFFERORS NOT ALREADY REGISTERED IN CCR MAY REGISTER AT THE NEW U.S. GOVERNMENT REGISTRATION SITE AT WWW.. OFFERORS ALREADY IN CCR MUST MAKE SURE THE REGRISTRATION TRANSFERRED TO SAM.

- FAR CLAUSE 52.204-8 ANNUAL REPRESENTATIONS & CERTIFICATIONS

- FAR CLAUSES 52.209-5 (CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989)) AND 52.209-6 (PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (MAY 1989)) ARE HEREBY INCORPORATED IN THIS PROCUREMENT.

- FAR CLAUSE 52.219-8 (UTILIZATION OF SMALL BUSINESS CONCERNS, SMALL DISADVANTAGED BUSINESS CONCERNS AND WOMEN OWNED SMALL BUSINESS CONCERNS) IS HEREBY INCORPORATED IN THIS PROCUREMENT.

- IN ORDER TO COMPLY WITH FAR CLAUSE 52.219-8 (UTILIZATION OF SMALL BUSINESS CONCERNS, SMALL DISADVANTAGED BUSINESS CONCERNS AND WOMEN OWNED SMALL BUSINESS CONCERNS), AND FAR CLAUSES 52.209-5 AND 52.209-6 REFERENCED ABOVE, ON AN ANNUAL BASIS, OFFERORS ARE REQUIRED TO (1) SUBMIT SELF CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS, AND (2) SELF-CERTIFY THEIR COMPANY AS EITHER LARGE, SMALL, OR SMALL DISADVANTAGED. QUESTIONS REGARDING SIZE DETERMINATION TO BE DIRECTED TO A.I.D. OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION, CONTACT: MS DAISY MATTHEWS, TELEPHONE: (202) 712-0512.

- FAR CLAUSE 52.222-3 CONVICT LABOR

- FAR CLAUSE 52.222-26 EQUAL OPPORTUNITY

- FAR CLAUSE 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA. AND OTHER ELIGIBLE VETERANS

- FAR CLAUSE 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

- FAR CLAUSE 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA. AND OTHER ELIGIBLE VETERANS.

- FAR CLAUSE 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (THIS CLAUSE ALSO APPLIES TO ANY/ALL SUB-CONTRACTORS)

- FAR CLAUSE 52.232-22, LIMITATION OF FUNDS, IS FULLY INCORPORATED INTO THIS FREIGHT SOLICITATION AND ANY SUBSEQUENT FIXTURES.

- FAR CLAUSE 52.232-33 PAYMENTS BY ELECTRONIC FUNDS TRANSFER--CENTRAL

CONTRACTOR REGISTRATION

- FAR CLAUSE 52.247-5 FAMILIARIZATION WITH CONDITIONS.

- FAR CLAUSE 52.247-8 ESTIMATED WEIGHTS OR QUANTITIES NOT GUARANTEED.

- FAR CLAUSE 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE.

- FAR CLAUSE 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE).

- FAR CLAUSE 52.249-8 DEFAULT (FIXED PRICE SUPPLY AND SERVICE) PLUS ALTERNATE I. AMENDMENT: IN THE DEFAULT CLAUSE AND IN ALTERNATE I - PARAGRAPH (A)(2) - DELETE THE PHRASE, "IF THE CONTRACTOR DOES NOT CURE SUCH FAILURE WITHIN 10 DAYS" AND IN LIEU THEREOF INCLUDE THE LANGUAGE, "IF THE CONTRACTOR DOES NOT CURE SUCH FAILURE WITHIN 72 HOURS."

- NOTE: THE ABOVE FAR CLAUSES ARE AVAILABLE ON THE INTERNET AT WWW. AND COPIES OF THESE CLAUSES ARE ALSO AVAILABLE AT THE OFFICES OF BKA LOGISTICS LLC.

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- CONTRACT AND PAYMENT TERMS: EXCEPT TO THE EXTENT PROVIDED ABOVE,

THIS RFP IS SUBJECT TO THE STANDARD USAID TITLE II COOPERATING

SPONSOR BOOKING GUIDELINES, WHICH ARE FULL INCORPORATED HEREIN.

COPIES OF THESE GUIDELINES MAY BE OBTAINED FROM USAID WEBSITE,

WWW.BUSINESS/OCEAN/NOTICES.

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- OFFERS MUST BE IDENTIFIED BY TENDER/RFP NUMBER AND ANY FUTURE

COMMUNICATION SHOULD ALSO IDENTIFY SAME BY TENDER OR CONTRACT

NUMBER.

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- OFFERS FROM NVOCC'S WILL BE CONSIDERED AS NON-RESPONSIVE.

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- A.I.D. RESERVES THE RIGHT TO ACCEPT WITHOUT DISCUSSION, REJECT,

OR NEGOTIATE PROPOSALS, INCLUDING AWARDING INDIVIDUAL LOTS

WHENEVER RFP CONTAINS MORE THAN ONE LOT OF CARGO.

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- IN ADDITION TO PARAGRAPH 29 OF THE U.S. FOOD AID BOOKING NOTE DATED

NOVEMBER 1, 2004, ALL VESSELS CARRYING TITLE II FOOD AID CARGO MUST

FLY THE USAID BANNER WITH THE UPDATED LOGO AND BRANDMARK. DETAILS

ABOUT THE UPDATED LOGO AND BRANDMARK CAN BE OBTAINED FROM THE

USAID WEBSITE AT WWW.BRANDING/

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- TOTAL COMMISSIONS 2.5%. IF OFFERED DIRECT, 2.5% TO BKA LOGISTICS. IF

OFFERED THROUGH A BROKER, 2/3 OF 2.5% TO BKA LOGISTICS, AND 1/3 OF

2.5% TO OWNERS’ BROKER.

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FOR FURTHER INFORMATION REGARDING THIS SPECIFIC TENDER CONTACT:

BKA LOGISTICS LLC WASHINGTON D.C. AT PHONE 202-331-7395,

TELEFAX 202-331-7735, E-MAIL: MARK.MILLARD@ OR

MANISHA@

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