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INVITATION FOR BIDS (SOYBEAN
MEAL IN BULK)
PHILIPPINES – P.L. 480 TITLE I – FY 2002
USDA Reference Number: RP-5023
SUPPLIER: ADM Co., Decatur Illinois
COMMODITY: Soybean Meal in Bulk
QUANTITY: 15,000 MT 5 % more or less buyers option
LOAD PORT: 1 Safe berth , Mississippi River Not North of Baton Rouge
DELIVERY DATES: Sept 15-30, 2002
PRICE: US $ 209.44 per MT basis on bulk carrier, FOB unstowed, untrimmed
USDA Reference Number: RP-5023
SUPPLIER: ADM Co., Decatur Illinois
COMMODITY: Soybean Meal in Bulk
QUANTITY: 15,000 MT 5 % more or less buyers option.
LOAD PORT: 1 Safe berth , Mississippi River Not North of Baton Rouge
DELIVERY DATES: Sept 15-30, 2002
PRICE: US $ 208.33 per MT basis on bulk carrier, FOB unstowed, untrimmed.
USDA Reference Number: RP-5023
SUPPLIER: Bunge North America
COMMODITY: Soybean Meal in Bulk
QUANTITY: 5,000 MT 5 percent more or less buyers option
LOAD PORT: 1 Safe berth , Mississippi River Not North of Baton Rouge.
DELIVERY DATES: Sept 15-30, 2002
PRICE: US $ 209.39 per MT basis on bulk carrier, FOB unstowed, untrimmed
USDA Reference Number: RP-5023
SUPPLIER: ZEN-NOH Grain
COMMODITY: Soybean in Bulk
QUANTITY: 15,000 MT 5 % more or less buyers option.
LOAD PORT: 1 Safe berth , Mississippi River Not North of Baton Rouge.
DELIVERY DATES: Sept 15-30, 2002
PRICE: US $ 208.28 per MT basis on bulk carrier, FOB unstowed, untrimmed.
USDA Reference Number: RP-5023
SUPPLIER: ZEN-NOH Grain
COMMODITY: Soybean Meal in Bulk
QUANTITY: 4,707 MT 5 % more or less buyers option.
LOAD PORT: 1 Safe berth , Mississippi River Not North of Baton Rouge.
DELIVERY DATES: Sept 15-30, 2002
PRICE: US $ 210.50 per MT basis on bulk carrier, FOB unstowed, untrimmed.
Best regards.
Elizabeth J. Hasiak
Marketing Manager
Panalpina, Inc., Project Division
1100 Connecticut Avenue, NW - Suite 520
Washington, DC 20036
Tel.: (202) 659-2825 Fax: (202) 659-2830
E-mail: elizabeth.hasiak@pawas.panmail.com
Internet: www.panalpina.com
The Embassy of the Philippines
on behalf of the Department of
Agriculture, National Agricultural and Fishery Council of The Government of The
Philippines, requests bids for the supply of U.S. soybean meal in bulk, subject
to the terms and conditions of P.L. 480, Title I regulations and P.A. RP-5023.
Total value of purchase not to exceed U.S $ 12,000,000.00
Bidders must comply will all
the terms and conditions of this IFB.
2.
Commodity Specifications:
U.S. soybean meal in bulk. Protein content 48.0% minimum; fat 0.5% minimum;
crude fiber 3.5% maximum; moisture 12% maximum
In case of failure to meet the above specifications, following discount schedule
applies:
A)
For protein contracted basis 48.0%:
1.
from 47.99%-47.50% - acceptable without penalty
2.
from 47.49%-47.25% - penalty of 0.25% of invoice price
3.
from 47.24%-47.00% - penalty of 0.50% of invoice price
4.
from 46.99%-46.70% - penalty of 3.00% of invoice price
5.
from 46.69%-46.50% - penalty of 4.00% of invoice price
6.
below 46.50%, buyer’s option to reject the commodity
or buyer and seller to negotiate terms of acceptance
B)
For moisture contracted basis maximum 12.0%:
1.
from 12.01%-12.50% - acceptable without penalty
2.
above 12.50% - buyer’s option to reject or accept with a discount of
3.00% of invoice price
C) For crude fiber contracted basis maximum 3.5%:
1.
from 3.51%-3.80% - acceptable without penalty
2.
above 3.80% - buyer’s option to reject or accept with a discount of
1.00%
of invoice price for each 0.1% above 3.5%
If
buyer elects the option to reject the shipment(s) due to seller’s failure to
meet the above quality specifications, the seller will be responsible for any
and all costs resulting therefrom included but not limited to vessel demurrage,
vessel detention, or any other additional vessel expenses.
Otherwise,
specifications in accordance with P.A. RP-5023
Receivers:
to be designated by buyer.
Discharge port: port(s) to be designated by buyer.
3. Quantity Delivery
Period
Approx. 55,000 MT- 60,000 MT
September 15-30, 2002
Each
contract quantity to 5% more or less at buyer’s option and shall
apply on the mean contract, whether contract is executed by one or more
than one vessel.
Offers must be for the entirety of the delivery period.
Buyer retains the option to accept or reject any or all bids received.
4.
Price: net price must be quoted per MT of 2,204.6 lbs. F.O.B. vessel,
unstowed, untrimmed from U.S.A. port or range of ports, or Canadian
transshipment points separately for (A) bulk carrier, (B) multi-deck (including
Liner), (C) lash/seabee barges. Offers stating a price for a quantity to be
loaded in one vessel must also state a price for loading more than one vessel.
Offers must not make any exceptions to the delivery terms and, specifically the
load rate guarantee of this IFB. However, lots offered of 15,000 MT or more may
state a separate price for awards of less than 15,000 MT. Supplier must state
port(s) or coastal range of loading in the offer.
5.
(A) Delivery to be at buyer’s call during delivery period. Each
contract to be loaded in one or more vessels at buyer’s option, FOB vessel,
end of spout, unstowed, untrimmed from 1 safe berth, 1 safe U.S. port or
Canadian transshipment point for each lot offered.
(B)
Seller to declare loading port ten (10) calendar days prior to commencement of
the contracted delivery period. Load port must be within the load range in the
offer. Seller to nominate loading elevator minimum 5 calendar days prior to
vessel’s ETA at load port.
(C)
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.
(D) 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. (E) Load rate guarantee: seller to guarantee delivery of the bulk SBM F.O.B. end of spout, unstowed, untrimmed at the average rate of 5,000M/T for bulk carriers and 2,500 MT for multi-deck vessels (including liners) basis weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excluded, even if used. No load rate guarantee for lash barges, but same to be loaded in regular turn without undue delay. Ocean-going bulk carrier barges will be considered as bulk carriers. Bids must be in accordance with the load rate guarantee specified above. 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 loading elevator 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.
(F)
In the event seller does not deliver the soybean meal 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. Demurrage/Despatch to be settled directly between ship owner and
commodity supplier. Neither buyer nor USDA/CCC will be held liable or be
responsible for any demurrage/despatch at the load port(s). Any disputes in
calculation of laytime at load port(s) to be settled directly between seller and
ship owner. If required, arbitration will be accordance with the prevailing
charter party i.e. at New York and to be settled in New York in accordance with
Society of Maritime Arbitrators (SMA) rules.
(G)
Seller will be responsible for any and all costs, including detention charges,
due to seller’s delivery of infested soybean meal on board buyer’s vessel,
which has been inspected and passed by USDA/FGIS licensed inspector (or
equivalent if Canada) prior to commencement of loading.
(H)
Nomination of shipping port or range of ports and quantity to be delivered to be
included in bids. Seller to specify in the bid any draft restrictions on LOA,
beam, maximum draft, maximum airdraft or any other factors which limit the size
of loading vessels at prospective loading berths.
(I)
In the event seller(s) nominate a port of loading which master(s) of vessel(s)
engaged to lift the contracted 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.
(J) 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 cost 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 above.
(K)
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.
6.
Except for force majeure, if vessel is delayed beyond dates of delivery,
or vessel cannot perform, all interest and interest and carrying charges claimed
by seller shall be collected from shipowner. Carrying charges and interest
charges will be levied in accordance to NAEGA No. 2 (revised 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.
7.
Inspection: weight and quality certificates to be in accordance with
governing Purchase Authorization/P.L. 480, Title I regulations. A certificate of
origin certified by local chamber of commerce at load port and a phytosanitary
certificate issued by APHIS/USDA are to be provided to buyer. Costs of
inspection, certificates/documents are for account of seller.
8.
Payment will be made directly by CCC after submission of following
documents:
a.
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, amount not eligible for financing by
CCC, and basis of delivery (e.g. F.O.B. vessel).
b.
One copy of the ocean bill of lading.
c.
One (1) copy of Form FGIS-993, “Commodity Inspection Certificate”
issued in accordance with Agricultural Marketing Act of 1946, as amended or an
independent laboratory report, covering inspection at point of loading to vessel
and shall show the protein, fat, fiber, and moisture content.
d.
One (1) copy of Form FGIS-993, “Commodity Inspection Certificate”, or
Form FGIS-915 “Official Stowage Examination Certificate” showing that the
ocean vessel, LASH barge, or ocean container is clean, dry, free of insect
infestation, and in such condition as not to contaminate the soybean meal
loaded, and shall contain the name of the ocean vessel or the identification of
the LASH barge or ocean container to which the soybean meal was loaded.
e.
One (1) copy of Official Phytosanitary Certificate issued by
APHIS/USDA.
f.
One (1) copy of the certificate of origin
g.
One (1) copy of Export Weight Certificate issued by FGIS or an
independent laboratory
h.
Signed original of Form CCC-329 “Suppliers Certificate” from the
commodity supplier covering the net invoice price for the commodity.
i.
One (1) signed approval of Form FAS-359, “Declaration of Sale”.
j.
One (1) copy each of the vessel inspection certificates issued by both
the National Cargo Bureau (NCB and by a USDA/FGIS licensed grain inspector
stating that the vessel was in all respects ready to load the soybean meal cargo
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
10.
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-bard date and state that freight is payable as per charter party
b.
Commercial invoice – six (6) copies signed by seller
c.
Official Export Grain Weight Certificate in triplicate
d.
Certificate of Origin – original and 5 copies
e.
Commodity Inspection Certificate – Form FGIS-993 – or an independent
laboratory report - original and 5 copies
f.
One (1) copy each of the vessel inspection certificates issued by both
the National Cargo Bureau (NCB and by a USDA/FGIS licensed grain inspector
stating that the vessel was in all respects ready to load the soybean meal cargo
g.
Original Phytosanitary Certificate
11.
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, Washington, DC equivalent
to 2% of the FOB value of the commodity offered to be collectible by draft at
sight accompanied by a statement from the Embassy of the 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.
12.
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 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.
13.
Should delivery by seller of the soybean meal or any part thereof, or
acceptance of the soybean meal 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 soybean meal 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 the vessel.
B.
If buyer fails to nominate loading vessel within the original delivery
period, sellers shall carry the soybean meal 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 form, sellers shall continue to carry the soybean
meal 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.
Terms and conditions of this IFB, P.L.480, Title I regulations and P.A.
RP-5023 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.
15. Bids must be submitted in
writing, sealed letter or fax to: