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Philippines
P.L. 480 TITLE I - FY 2002
Purchase Authorization No. RP-5022
Date: August 8, 2002
IFB No. MR/RP5022/2002
Award
USDA
Reference Number: RP-5022
SUPPLIER: The Rice Company
COMMODITY: Bagged Rice USD No. 2 long Grain Max 4% Broken Hard Milled
QUANTITY: 5,250 NMT Min/Max
LOAD PORT: FAS Lake Charles LA.
DELIVERY DATES: Dec 1-25, 2002
PRICE US $ 205.91 per NMT basis FAS Break Bulk
USDA Reference Number: RP-5022
SUPPLIER: ADM RICE
COMMODITY: Bagged Rice US No. 2 Long Grain Max 4% Broken Hard Milled
QUANTITY: 21,000 NMT Min/Max.
LOAD PORT: FAS Jacinto Port
DELIVERTY DATES: Dec 1-25, 2002
PRICE: US $ 209.14 per NMT basis FAS Break Bulk.
USDA Reference Number: RP-5022
SUPPLIER: ADM RICE
COMMODITY: Bagged Rice US No. 2 Long Grain Max 4% Broken Hard Milled
QUANTITY: 4,973.5 NMT Min/Max.
LOAD PORT: FAS Lake Charles LA or Jacinto Tx.
DELIVERY DATES: Dec 1-25, 2002
PRICE: US $ 209.17 per NMT basis FAS Break Bulk.
USDA Reference Number: RP-5022
SUPPLIER: ADM RICE
COMMODITY: Bagged Rice US No. 2 Long Grain Max 4% Broken Hard Milled
QUANTITY: 5,850 NMT Min/Max.
LOAD PORT: FAS in Containers San Pedro
DELIVERY DATES: Dec 1-25, 2002
PRICE: US $ 254.14 per NMT basis FAS stuffed in container.
Tender
The
Embassy of the Philippines on behalf of National Food Authority, Government of
The Philippines, requests bids for the supply of U.S. Rice in bags, subject to
the terms and conditions of P.L. 480, Title I regulations and P.A.:
RP-5022. Total value of purchase not to exceed U.S $ $8,000,000.00
Bidders must comply with all the terms and conditions of this IFB.
1. Source: United States of America
2. Commodity Specifications:
Crop Year: 2001/2002
White Long Grain, Hard Milled , Grade US No. 2 or better containing not more
than 4 percent broken kernels, in new polypropylene bags of 50 net kilos each.
Moisture Content: Maximum 14 percent. Aflotoxin Max. 20ppb
NB: USDA/FGIS Forms 956 or 993 stating “Well Milled” with added statement
that “ Applicant States: This is rice typically considered Hard Milled Rice
“ or other suitable statement to be advised by USDA will be acceptable.
3. Quantity in Net Metric Tons
Delivery Period
Approx. 45,000 NMT
December 1-25, 2002
NB: Maximum
value of awards shall not exceed $8 million.
Offers must be for the entire delivery period offered at buyer’s call with a
10 day preadvice of vessel(s) ETA load port.
Offers must provide for a five percent (5%) more or less loading tolerance at
Buyer's option. Offerors may also offer for minimum/maximum quantities provided
they specify a separate price for quantity with 5% more or less loading
tolerance. Buyers option to accept part of any offer and to lift each contract
quantity on one or more vessels.
Buyer retains the option to accept or reject any or all bids received.
4.Price: To be stated in US
Dollars per Net Metric Ton ,basis
a)
FAS vessel at safe US port(s) or coastal range which must be named in the
bid on the basis of
break bulk delivery.
b)
FAS vessel at safe US Port(s) or coastal range which must be named in the
bid on the basis of
delivery in slings.
FAS vessel price to buyer shall include charges for rice, packaging including
extra empty bags equivalent to 2 % of the total quantity purchased,
transportation including unloading and wharfage, to a point of rest under cover
in a ship side warehouse designated and arranged for by Seller within the port
declared by Seller. Price must also include the required inspections and
issuance of rice inspection certificates and required weight certificates in
accordance with Purchase Authorization.
c) FAS at safe US Port(s), named in the bid, in ocean containers.
For FAS in containers -seller to arrange pick up of empty containers from
carrier’s container yard, drayage to the mill, load the container and return
stuffed container back to carrier’s terminal/yard at named safe load port(s)
in the bid(s). The price shall include charges for the rice, packaging, empty
bags equivalent to 2% of the total quantity purchased, all terminal handling
charges for picking up empty containers, drayage (trucking) charges from
container yard, to the mill, return stuffed container to carrier’s terminal
and all terminal handling charges for receiving stuffed container at the load
port(s). Price also to include all required inspections at source loading and as
well as loading observations at the load port in accordance with the Purchase
Authorization.
5. DELIVERY :
A. Port of Delivery/Loading:
I.) For bagged rice delivered to port of loading, whether break bulk or in
slings, under supervision of the port authority, or carrier’s load port
agents/ stevedores before loading to ocean vessel, LASH barges or ocean
containers (defined as Not Source Loading):
a) Seller is requested to provide in its offer a complete listing of prospective
loading berths from which the Seller will supply the commodity and include full
information on the physical limitations of each of their prospective loading
berths, approaches, channels and/or bridges leading to such berths and or other
factors which will limit the size and loading of vessels or effect the safety of
the loading vessel. This information must include the vessel's length overall,
beam, draft, air draft etc., which will be acceptable to the Sellers at their
berths.
b) Seller shall declare definite loading berth(s)/port(s) as well as quantity to
be delivered at each port within seven (7) calendar days after U.S. Department
of Agriculture's (USDA) approval of sale.
Seller shall declare no more than one(1) loading port in case of award for a
quantity up to 10,000 MT (5% more or less) in the delivery period and one (1) or
two (2) loading port(s)
in case of award for more than 10,000 MT (5% more or less) in the
delivery period, from same coastal range, regardless of the number of sales
contracts. Delivery of the cargo for loading on
the same vessel (same voyage) in the same port shall be made at one (1)
or two (2) safe berth(s).
II.) If rice in bags are loaded from the mill to an ocean container (defined as
Source Loading):
a) Seller to state in their offer the quantity offered by
the intended port(s) of embarkation where stuffed containers will be
delivered and their price to include all costs related to picking up empty
containers from container yard, drayage of empty containers to their mill, costs
of stuffing containers, including costs of inspections and loading observations
as required by the purchase authorization, and returning full containers with
the bagged rice to the carrier’s container yard at port of embarkation for
loading on ocean going vessel.
B. Delivery Terms:
I.) For rice in bags delivered to the port ( Not Source Loading)
a) Delivery shall be made FAS vessel at safe US port(s).
b) Bids must provide for delivery at Buyer's call during the entirety of the
delivery period.
c) Loading vessel will be nominated by Panalpina Inc., Project Div. Washington
DC on behalf of the buyer. Seller shall confirm by FAX to Panalpina Inc. Project
Div. Washington DC No: 202 659 2830 its acceptance of the nominated vessel
within eight (8) business hours after receiving the vessel nomination. Seller's
acceptance of the nominated vessel shall constitute Seller's guarantee that the
vessel can safely proceed to and out of the Seller's loading berth(s) / port(s)
with the vessel's full cargo on board. In case of refusal of the nominated
vessel by Seller, said refusal must be advised to Panalpina Inc., Project Div.
Washington DC by FAX within the eight (8) business hours of receiving the
nomination. Seller shall not refuse a nominated vessel if vessel size is within
the limitations of loading berth/port declared by Seller. Seller's failure to
advise Panalpina Inc. Project Division of its refusal of the nominated vessel in
the above manner shall constitute Seller's acceptance of the nominated vessel.
d) Buyer will provide sellers with a 10 day notice of vessel's estimated time of
arrival at load port with the name of the intended vessel and the approximate
quantity to be loaded. All notices provided to seller(s) by 5:30 PM (local time
at place of receipt) on a business day shall be considered to have been received
by sellers on the same day as the notice was provided. If more than one seller
is loading buyer's vessel in the same port, the tender of the vessel to one
supplier shall constitute tendering to all suppliers.
e) Each lot/contract shall be loaded in one or more vessels at buyer's option.
f) Vessels in readiness will load in accordance with the custom of the port
g) Vessel's load port rotation shall be at buyer's option
h) Substitution
of performing vessel, if required by buyer, to be accepted by seller without any
requirement for a new pre-advice on the basis that the substitute vessel's ETA
at the loading port is the same or later than that of the original vessel and
that the substitute vessel's dimensions are within the required limitations of
the loading berth.
i) Load rate guarantee: Not Source Loading: Seller to guarantee, notwithstanding
any custom of the port, to deliver and make available at the load berth, for
loading the bagged rice (whether break bulk or pre-slung) at the average rate of
1,500 net Metric Tons per Weather Working day of 24 consecutive hours,
Saturdays, Sundays and holidays excluded, even if used. Should Lash or seabee
barges (or containers) be utilized, Seller shall guarantee delivery of the
bagged rice in sufficient quantity to allow vessel owner to maintain normal
loading rates. However, in no event shall Seller's delivery rate of the bagged
rice be less than vessel's call. Seller's guarantee of delivery rates, as stated
above, shall not be waived under any circumstances except for reasons described
in the clause below on Strikes or Other Causes of Delay in Delivery. The
delivery rate guarantee shall apply even if vessel's arrival date at load port
is delayed beyond the date originally provided to Seller as vessel's ETA at load
port and or beyond original delivery period.
j) Laytime will commence at 0800 hours next working day after vessel tenders its
notice of readiness.(NOR). Said NOR will be submitted by buyer's agent or vessel
owner's agent by letter, telex, or fax to FAS supplier during regular working
hours (0900-1700 hours) Monday through Friday inclusive (or before 1200 noon if
on Saturday), vessel having been cleared at the custom house and all necessary
compartments of the vessel having been passed by both the National Cargo Bureau
Surveyor and FGIS/USDA licensed grain inspector. Any prior time used not to
count as laytime. Shifting time between load berths not to count as laytime.
k) In the event seller does not deliver the cargo in accordance to the above
terms to buyer's vessel, seller is to be responsible for the demurrage and
detention charges that buyer may be liable for due to said failure of the
seller. Demurrage and detention will be in accordance to the governing charter
party.
l) All laytime accounts at load port(s) are to be settled directly between the
Seller(s) and the vessel owner(s). Demurrage/Despatch shall be settled according
to the rate of the governing Charter party. Under no circumstances shall the
buyer or USDA/CCC be responsible for resolving disputes involving the
calculation of laytime or the payment of demurrage or despatch between vessel
owners and the Sellers. Any and all disputes between vessel owners and the
Sellers arising out of the contract under this IFB relating to settlement of
laytime issues shall be arbitrated in New York subject to the rules of the
Society of Maritime Arbitrators, Inc.
II) Delivery Terms for source loading (at mill) in containers:
a)
Delivery shall be made by seller of the bagged rice in containers to the
port of embarkation.
b)
Buyer agent, Panalpina Inc. Project Division, Washington DC will provide
seller(s) with a ten days notice of availability of ocean containers, stating
name of carrier, location and point of contact for picking up empty containers
and delivery of stuffed containers.
c)
Seller to be responsible to arrange and pay for the drayage of empty
containers from carrier’s container yard, including costs for loading empty
container onto truck chassis, cost of trucking to the mill, stuffing the rice in
the containers and the return of stuffed containers back to the carrier’s
receiving terminal including costs for unloading the stuffed containers from the
truck at the said terminal.
d)
Seller to provide buyer’s agent Panalpina Inc. Project Division, a
daily report of containers stuffed, including the container number, the seal
number, number of bags loaded in said container, net weight and gross weight
loaded, date loaded at mill and date delivered to carrier (with copy of
carrier’s terminal receipt).This report can be sent via FAX to (202) 659 2830.
e)
In the event carrier releases containers that are rejected at the mill
(source load site) due to being unseaworthy, damaged, dirty or any way found to
be unsuitable to receive the cargo, then said rejected container must be
returned back to carrier’s terminal and carrier shall be responsible for all
costs incurred by seller for having provided an unsuitable container and will be
required to immediately release to seller a substitute container which will
acceptable for loading the cargo.
f)
The seller is responsible for delivery of the contracted bagged rice in
container(s) to the port of embarkation terminal in sufficient time so that
carrier is able to load the stuffed container(s) on-board the ocean going vessel
within the contracted delivery period. The ocean bill of lading marked and dated
on-board must be dated within the delivery period contracted.
g)
Delivery of cargo to buyer will only be considered fulfilled when the
ocean bill of lading is issued, stating the number of containers and the packing
list, giving container numbers, seal numbers, number of bags per container, net
and gross weight per container.
h)
There will be no guarantee load rate applied on containers being stuffed
at source (mill), however same to be done in regular turn coordinated between
carrier and seller.
i)
Neither buyer nor USDA/CCC shall be responsible for any claims and or
disputes that may arise between the seller(s) and the container carrier(s). Any
and all such disputes are to be resolved directly between sellers and carrier
and in the event of impasse, such disputes to be arbitrated under the rules of
the Society of American Arbitrators Inc.
j)
In event carrier does not provide sufficient containers on a timely basis
within the contracted delivery period, then the carrier shall be liable for the
carrying/interest charges levied by seller for delays caused by carrier for not
making containers available as called upon by seller(s). However said
carrying/interest charges will commence to accrue the day after the last
delivery date and shall to cease to accrue when carrier has released the
container(s) to seller for pick up at the carrier’s container yard.
6. SPECIAL PROVISIONS:
A) In the event seller(s) nominate a port of loading which master(s) of vessel(s)
engaged to lift the contacted quantity, when no more than 72 hours off the port,
deems unsafe for entry, seller(s) are obligated to promptly provide contracted
quantity at another port in the same range at no additional cost. Sellers are
further obligated to pay vessel's deviation and incidental costs and resulting
demurrage occasioned by second port nomination and to waive carrying charges
resulting from delay in loading attributed to nomination of original port.
B) In the event of delivery of any quantity not meeting contracted commodity
specifications, sellers shall be responsible for all costs and damages sustained
by vessel owners and/or buyers, including but not limited to time lost and
fumigation costs, due to delivery of off-grade commodity. Sellers must
compensate vessel owners and/or buyers for all such costs and damages prior to
owner's release of bills of lading covering the shipment concerned except for
the time lost, which will be counted in accordance with the terms of delivery
rate guarantee. See clause 5) above
C) In the event of seller's failure to deliver the total quantity required by
buyer/nominated vessel, seller shall be responsible for any deadfreight
provided, however, that such required quantity is within the quantity limits of
the commodity contract. Further, if Buyer decides to lift the remaining quantity
on a second vessel, Seller shall be responsible for payment of any increase in
freight rate between original vessel and the second vessel.
7. Packing: The rice shall be packed in new woven polypropylene bags, each
containing 50 kilos net. Bag specifications to be in accordance with Purchase
Authorization RP-5022. Seller shall include in the delivery of the commodity a
sufficient quantity of empty bags to cover for breakage in transit of up to 2
percent of the total quantity shipped. The empty bags must be of the same size,
kind and quality as those used for the commodity shipment. Costs for empty bags
shall be included in the price quoted for the commodity. Empty bags shall be
delivered FAS vessel at the same berth and at same time where the commodity will
be delivered.
8. Markings on Bags: All bags , including the empty bags , shall be marked with
Seller's standard or commercial markings for rice. If destination is shown on
bags, only acceptable destination is Philippines.
9. FUMIGATION and INSPECTION:
A) Seller to fumigate commodity at their expense a maximum of fifteen (15) days
prior to loading. In event the bagged rice is found to be infested at time of
final inspection prior to loading at the load port, any additional fumigation
will be done by the Seller at their expense. Seller shall be held responsible
for any demurrage and or detention charges that may be levied by the ship owner
due to delay in delivery of the cargo for loading on to the vessel.
B) Inspection: weight and quality certificates to be in accordance with
governing Purchase Authorization and P.L. 480, Title I regulations for loading
at port and loading at source/mill site as appropriate. A certificate of origin
certified by local chamber of commerce at load port and a Phytosanitary
certificate issued by APHIS/USDA and Fumigation certificate are to be provided
to buyer. Costs of inspection, certificates/ documents are for account of
seller.
10. PAYMENT:
A) Payment will be made directly by CCC after submission of following documents:
i) One (1) original Form CCC-329 " Suppliers Certificate signed by the
supplier covering net invoice price of the commodity.
ii) One (1) copy of the supplier's detailed invoice showing quantity,
description, contracted price, net total price expressed in dollars, the amount
for which financing is requested from CCC, and basis delivery (e.g. FAS vessel),
and the kind and size of bags and whether they are new or used.iii) One copy of
a non-negotiable ocean bill of lading, showing number of bags of rice loaded on
board, net weight and gross weight in pounds and Metric Tons.
iv) One (1) Original Form CCC-359 " Declaration of Sale" signed on
behalf of the General Sales Manager, USDA/CCC.
v) One (1) copy of Form FGIS-956, "Rice Inspection Service
Certificate" or Form FGIS-993 " Commodity Inspection Certificate
" issued by a federal or federal cooperator inspector. The Certification
shall cover lot inspection at point of loading to vessel , LASH barge or ocean
container and shall show the grade and other quality determinations required by
the purchase authorization. For Milled Rice the certificate stating “Applicant
States: This is rice typically considered Hard Milled.”, will be acceptable.
Inspection shall also include check weighing and check counting and Aflatoxin.
vi) One (1) copy of the Certificate of Origin specifying crop year.
vii) One (1) copy of Official Phytosanitary Certificate issued by
APHIS/USDA.
viii) One (1) copy of the Fumigation certificate covering fumigation performed a
maximum of 15 days prior to loading.
ix) Radiation Certificate.
x) Packing List showing number of bags loaded on board vessel , gross weight and
net weight in kilograms and pounds
B) CCC
pays by electronic transfer. When submitting documents to CCC for payment the
following information is required: (1) name of company, (2) the collecting
bank's ABA number, (3) payee's account number, (4) payee's taxpayer I.D. number,
and (5) type of bank account used. Documents may be couriered or hand carried
to:
U.S. Department of Agriculture
Commodity Credit Corporation
Financial Management Division
3101 Park Center Drive, Suite 1132
Alexandria, VA 22302
Or
mailed to:
U.S. Department of Agriculture
Commodity Credit Corporation - STOP 0581
Attention: Foreign Exports Accounting Section
1400 Independence Avenue, SW
Washington, DC 20250-0581
11.
DOCUMENTS REQUIRED BY BUYER
Documents required by buyer are to be couriered to Panalpina, Inc., Project
Division, 1100 Connecticut Avenue, NW, Suite 520, Washington, DC 20036-4101:
a.
Three (3) original negotiable plus six (6) non-negotiable copies of clean on
board bill(s) of lading as per charter party. The bill(s) of lading must state
on-board date and state that freight is payable as per charter party.
b.
Commercial invoice - six (6) copies signed by seller
c.
One original and five (5) copies of Form FGIS-956, "Rice Inspection Service
Certificate" or Form FGIS-993 " Commodity Inspection Certificate
" issued by a federal or federal cooperator inspector. The Certification
shall cover lot inspection at point of loading to vessel , LASH barge or ocean
container and shall show the grade and other quality determinations required by
the purchase authorization. For Milled Rice the certificate stating “Applicant
States: This is rice typically considered Hard Milled.”, will be acceptable.
Inspection shall also include check weighing and check counting and Aflatoxin.
d.
Certificate of Origin specifying crop year- original and 5 copies.
e.
Original Phytosanitary Certificate from USDA/APHIS.
f.
Fumigation Certificate covering fumigation performed a maximum of 15 days prior
to loading vessel(s) or containers.
g.
Radiation Certificate.
h.
Packing List showing number of bags loaded on board vessel , gross weight and
net weight in kilograms and pounds.
12.
CARRYING/INTEREST CHARGES:
Except for force majeure, if vessel is delayed beyond dates of delivery, or
vessel cannot perform, all interest and carrying charges claimed by seller shall
be collected from ship owner. Carrying charges and interest charges will be
levied in accordance to NAEGA No. 2 (revised as of May 1, 2000) clause 19 and
will be at the following rates: $0.25 per MT per day and interest charges at
1.5% over Citibank (New York) prime rate in effect on date of purchase.
Carrying/interest and all other charges will cease to accrue once the nominated
vessel or its substitute has tendered notice readiness to loading elevator.
Carrying charge computation:
(A)
if contract is completed, carrying charges are to be computed based upon actual
quantity delivered or
(B)
if the contract is not completed or only partially executed (total quantity
delivered being less that the minimum (95% of the mean contract quantity),
carrying charges are to be computed on the minimum quantity of the contract or
on the difference between the contract minimum quantity and the quantity
delivered.
13.
STRIKES OR OTHER CAUSES of DELAY DELIVERY
Should delivery by seller of the commodity or any part thereof, or acceptance of
the commodity or any part thereof by buyer's F.O.B. vessel be prevented or
delayed by reason of riots, strike, lockout, embargo(es), interruptions or
stoppages of the normal course of labor or transportation at the port(s) of
delivery or elsewhere preventing the forwarding of goods to such port(s),
shipment of such goods from such port(s), or by reason of action by the federal,
state, or local government or authority, the seller shall be entitled upon
termination of the cause(s) of prevention and/or delay, and on the resumption of
work after the termination of the riot, strike, or lockout, whichever occurs
later, to as much time as would have remained for delivery at the commencement
of such cause(s), but not less than 14 days, and buyer's time to call for
delivery shall be similarly extended; provided, however, that either party shall
have notified the other within two (2) business days of the commencement of the
cause(s) of prevention or delay, if such commencement occurs within the contract
period, or if the causes existed prior to the contract period, within two (2)
business days from the first day of contract delivery period, that the causes(s)
then existed, buyer shall not be responsible for carrying charges of any kind or
character whatsoever in the event delivery is prevented as herein above set
forth, and buyer agrees to act promptly to accept the commodity as soon as it
can reasonably do so upon termination of the cause which prevented delivery and
seller agrees to make such delivery when called upon to do so by buyer.
In the event of buyer's failure to take delivery (partial or total) within the
original delivery period, seller(s) shall take the following measure(s):
A.
If loading vessel is nominated within the original delivery period, however, the
vessel tenders notice of readiness to sellers or the loading elevator after the
last day of the original delivery period, the delivery period to be extended for
a sufficient period for vessel to load.
B.
If buyer fails to nominate loading vessel within the original delivery period,
sellers shall carry the commodity for buyer's account beyond the original
delivery period until buyer nominates vessel and takes delivery.
C.
If buyer is unable to take delivery within the original or extended delivery
period due to cause(s) listed under "strikes or other causes of delay in
delivery" clause 20 (B) of NAEGA No. 2 (revised as of May 1, 2000), sellers
shall continue to carry the commodity until buyer takes delivery after such
cause(s) are removed or, at buyer's option, sellers shall agree to cancel the
contract without penalty to buyers in the event such cause(s) last more than 30
days.
14.
BID BOND
All offers must be supported by an unconditional bid bond in the form of a
cashier's check or an irrevocable letter of credit issued by a first-class U.S.
bank in favor of the Embassy of The Philippines, C/O Panalpina Inc. Project
Division, 1100 Connecticut
Avenue, NW, Suite 520, Washington, DC 20036 equivalent to 2% of the FAS
value of the commodity offered to be collectible by draft at sight accompanied
by a statement from the Embassy of Philippines to the effect that the bidder did
not make written confirmation consistent with the terms and conditions set forth
in the award within one working day after USDA's approval of sale. Such bid bond
shall be submitted with the further understanding that it shall guarantee that
the bidder will not withdraw his bid within the period specified therein after
the opening of the bids The bid bond shall be valid for ten days after the bid
opening date, and will be automatically cancelled in the case of unsuccessful
bidders within ten days after the closing of the tender. For successful bidders,
the bid bond shall be automatically cancelled after presentation and acceptance
by the buyer of the performance bond.
15.
PERFORMANCE BOND
Within two (2) working days of receipt of USDA's approval of sale seller shall
make available to the buyer a guarantee of performance in the form of an
irrevocable letter of credit (L/C) issued by first-class U.S. bank equivalent to
5% of the value of awarded contract(s). The letter of credit to be in favor of
The Embassy of The Philippines, C/O Panalpina Inc. Project Division, 1100
Connecticut Ave. NW Suite 520, Washington DC 20036.
The performance L/C shall guarantee full and complete performance by the
seller or the terms and conditions of the IFB. It shall be collectible at the
discretion of the beneficiary by draft at sight accompanied by (1) a statement
from the beneficiary detailing the nature and extent of the seller's failure to
comply, and (2) a report from an independent surveyor, laboratory, or other
competent authority corroborating such detailed statement. This detailed
statement will include an explanation of seller's breach of contract,
obligations, and the dollar value of the loss incurred. The amount to be
collected will be limited to this dollar value and any cost incurred by the
buyer in collecting the dollar value of the bid bond shall be for the account of
the seller. The guarantee shall not be collectible where seller's failure to
perform has been caused by an act of force majeure. The guarantee shall be valid
for a minimum of 30 days after completion of loading. Performance bond will be
released immediately after CCC has paid the seller.
16.
Terms and conditions of this IFB, P.L.480, Title I regulations and Purchase
Authorization No. RP-5022 will be fully incorporated by reference in the sales
contract which must be signed by seller within two (2) days of the official
award. The contract form will be seller's sales form on seller's letterhead.
17.
Bids must be submitted in writing, sealed letter, or fax to:
Embassy of Philippines, C/O Panalpina
Inc. Project Division
1100 Connecticut
Ave. NW, Suite 520 ,Washington, DC 20036
Fax: (202) 659 2830
18.
Offers are to be submitted not later than 1400 hours Washington, DC time on
August 14, 2002 and are to remain valid until 1700 hours Washington, DC time on
August 15, 2002. Late offers will not be considered. However, if a fax starts
printing before 1400 hours Washington, DC time and continues printing past that
time, buyer will consider the offer to be a valid on-time offer. Fax offers
which begin printing after the stipulated time will not be considered.
Panalpina,
Inc., Project Division
As Agents for the Embassy of Philippines
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