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Ecuador PL 480 EC 5022
Amendment
Universal Shipping Co. for and on behalf of The Government of Ecuador amends
the Commodity IFB dated September 6, 2002 (PA No. EC-5022) as follows:
1. Clause 2. Commodity Specifications:
Delete Item A. Dark Northern Spring will not be purchased.
2. Clause 3. Delete reference to Dark Northern Spring. Quantities should
read as follows:
A. Hard Red Winter Wheat
Approximately 24-30,000 MT
B. Soft Red Winter Wheat
8,000 MT
(Total Value $5 million)
3. Page 4 of IFB, 3rd paragraph should now read:
Supplier must state the loadport and the load berth(s) in their offer.
Suppliers are requested to provide buyers with an option of loading both
types of wheat at one safe load port as well as an option to load both types
of wheat at one safe load berth (which are to be named in the offer).
All other terms and conditions remain unchanged.
Tender
GOVERNMENT OF ECUADOR
C/O UNIVERSAL SHIPPING CO., INC.
2300 CLARENDON BLVD., SUITE 1004
ARLINGTON, VIRGINIA 22201
INVITATION FOR BIDS
(Wheat in Bulk)
Ecuador -- P.L. 480, Title I - 2002
Date of Issuance: SEPTEMBER 6, 2002
Purchase Authorization: EC-5022
The Government of Ecuador invites bids for the supply of U.S. Wheat in bulk subject to the terms and conditions set forth below and subject to the provisions of the P.L. 480, Title I regulations and P.A. No. EC-5022.
Bidders must fully comply with all of the terms and conditions of this Invitation For Bids.
1. Source: United States of America
2. Commodity Specifications
A. Grade U.S. No. 2 or better Dark Northern Spring Wheat in bulk with following specifications:
Protein: Minimum 13.5%
Moisture: Maximum 13%
Falling Number: Minimum 300
Hectoliter Weight: 78 kg/hl
DHV: No less than 75%
Total Defects: 3.5%
Dockage: Up to 0.7 deductible
Vomitoxin: 2 PPM Maximum
Fusarium: Maximum 1%
Other specifications according to the official U.S. Grain Standards.
And
B. Grade U.S. No. 2 or better Hard Red Winter Wheat in bulk with following specifications:
Protein: Minimum 12%
Moisture: Maximum 13%
Falling Number: Minimum 300
Hectoliter Weight: 77 kg/hl
Total Defects: 3.5%
Dockage: Up to 0.7 deductible
Vomitoxin: 2 PPM Maximum
Fusarium: Maximum 1%
Other specifications according to the official U.S. Grain Standards.
And
C. Grade U.S. No. 2 or better Soft Red Winter Wheat in bulk with following specifications:
Protein: Minimum 9.5%
Moisture: Maximum 13%
Falling Number: Minimum 300
Hectoliter Weight: 77 kg/hl
Total Defects: 3.5%
Dockage: Up to 0.7 deductible
Other specifications according to the official U.S. Grain Standards.
If buyer elects the option to reject the shipment(s) due to seller's failure to meet the quality specifications as stated hereinabove, then seller will be responsible for any and all costs resulting therefrom, including but not limited to vessel demurrage, vessel detention and any other additional vessel expenses.
3. Quantities
A. Dark Northern Spring Wheat
16,000 MT
B. Hard Red Winter Wheat
7,200 MT
C. Soft Red Winter Wheat
Approximately 9-14,000 MT
(Total Value $5 million)
Delivery Period
October 1-30, 2002 (both days inclusive)
Offers must provide for delivery during the entirety of the delivery period. Supplier may bid for all or any part thereof, exact amount at buyers' option.
Each contract quantity to be 5% more or less at buyers' option.
This loading tolerance of 5 percent more or less at buyer's option shall apply on the mean contract quantity, whether the contract is executed by one vessel or by more than one vessel.
The bids must be made based on the terms and conditions of N.A.E.G.A. Contract No. 2 for F.O.B. sales (clauses 5,6,7,8,13,15,17,20(Modified),21 and 27 only), revised as of
August 1, 1988, with the exceptions and additions enumerated in this invitation for bids which must be complied with by the bidders.
In-transit fumigation with aluminum phosphide by a certified applicator in accordance with the USDA/FGIS fumigation handbook is required on all cargoes. Fumigation must be witnessed by USDA/FGIS and the aluminum phosphide preparation must be contained in packaging as described in the fumigation handbook. Dust retainers must be used. For bulkcarriers and tweendeckers (including push mode ITBs), the recirculation method of fumigation will be used.
For tankers, surface application will be used.
Cargo to be fumigated by the seller at the completion of loading at seller's expense. Certificate(s) are to be issued stipulating the amount of dosage administered and minimum time hatches should remain sealed after application.
If at the time of delivery, Wheat moisture exceeds the contract percentage, sellers are responsible for any and all expenses of drying grain and any cost incurred by buyers for delays or expenses in loading.
4. Price
Offers for the Wheat must be quoted per metric ton F.O.B. vessel, end of spout, unstowed, untrimmed at one safe berth one safe U.S. port separately for: A) bulkcarrier, B) multidecker (including liners), C) lash/ seabee barges, D) Tankers. Bidders must stipulate any vessel restriction at intended loading berths if they apply. Offers stating a price for quantity to be loaded in one vessel will be considered only if a price is separately stated for loading more than one vessel.
Each bid must contain the price per metric ton for the grain basis FOB bulk. Each bid will be evaluated on the combined price per metric ton of grain in that bid. Offers must not take exception to delivery rate guarantee specified in this IFB.
Supplier must state the loadport and the load berth(s) in their offer. Suppliers are requested to provide buyers with an option of loading all 3 types of wheat at one safe load port as well as an option to load all 3 types of wheat at one safe load berth (which are to be named in the offer).
5. Delivery Terms
A. Delivery to be effected at buyer's call during the contract delivery period. Each contract to be loaded in one or more vessels, at buyer's option, F.O.B. vessel, end of spout, unstowed, untrimmed at one safe berth one safe U.S. port or range of ports and/or Canadian transhipment points.
B. Buyer will provide sellers with a ten (10) days notice of vessel's estimated time of arrival at load port with the name of the intended vessel, also giving the approximate quantity to be loaded. All notices provided to sellers by 5:30 PM (local time at place of receipt) on a business day shall be deemed to have been received by sellers on the same day the notice was provided. If more than one supplier is loading buyer's vessel in the same port, the tender of the vessel to one supplier shall constitute tendering to all suppliers.
C. Substitutions of performing vessel(s), if required by buyer, to be accepted by sellers without any requirement for a new preadvice 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.
D. Seller to guarantee delivery of the bulk Wheat F.O.B. end of loading spout, unstowed, untrimmed, at the average rate of 5,000 Metric Tons for Bulkcarriers and 3,000 Metric Tons for Multideckers (including liners) and Tankers. Said load rate will be basis weather working days of 24 consecutive hours,
Saturdays, Sundays, and Holidays excluded, even if used provided vessel can receive at such rate.
If Lash/Seabee Barges are loaded, load rate guarantee will not apply, but barges are to be loaded in regular turn without undue delay. Ocean going Bulkcarrier barges will be considered as Bulkcarriers. Bids must be in accordance with the load rate guarantee specified hereinabove.
Laytime will commence at 0800 hours next working day after vessel tenders its notice of readiness. The said notice of readiness will be submitted by buyer's agent or by vessel owner's agent by letter, telex or fax to the loading elevator during regular working hours 0900-1700 hours on all days except Sundays and Holidays and between 0900 and 1200 hours on Saturdays whether in berth or not, vessel having been cleared at the custom house and all necessary compartments of the
vessel having been passed by National Cargo Bureau Surveyor and FGIS/USDA Licensed Grain Inspector. Any prior time used not to count.
E. In the event seller does not deliver the Wheat 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 by seller. Said demurrage and detention charges will be in accordance to the governing Charter Party. Buyer will not pay any despatch to seller.
For U.S. Flag Vessels: Demurrage/Despatch at the loadport will be settled directly between vessel owner and commodity supplier. Demurrage, if incurred, to be paid to the vessel owner by the sellers at the rate of the governing charter party or booking note. Despatch, if earned, to be paid by the vessel owner to the sellers at the rate of the governing charter party. Load port laytime accounts to be settled directly between commodity supplier and vessel owner. Under no circumstances shall CCC or buyers be responsible for resolving disputes involving the calculation of laytime or the payment of demurrage or despatch between vessel owner and the commodity supplier. Addendum No. 1 of the North American Export Grain Association FOB Contract No. 2 (revised as of August 1, 1988) Clauses 1-10 to be modified so that anywhere the word “buyer” appears, the words “vessel owner” should be substituted.
F. Seller will be responsible for any and all costs, including detention charges by buyer's vessel incurred, due to seller's delivery of infested Wheat on board buyer's vessel, which has been inspected and passed by an F.G.I.S. licensed inspector (or equivalent licensed inspector in Canada) prior to commencement of loading.
G. Nomination of loadport and load berth and quantity to be delivered to be included in bids. Sellers to specify in their bid restrictions on length overall, beam, maximum, draft, maximum airdraft or any other factors which would limit the size of loading vessels for prospective loading berths.
H. In event sellers nominate as port of loading a port which master or masters of vessels engaged to lift the contracted quantity, when no more than 72 hours off the port, deems unsafe for entry, sellers are obliged to promptly provide contracted quantity at other port on same range at no additional cost. Sellers are further obligated to pay vessels deviation and incidental costs and resulting demurrage occasioned by second port nominations and to waive carrying charges resulting from delay in loading attributed to nomination of original port.
I. 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 such off-grade commodity. Sellers must compensate to owners and/or buyers for all such costs and damages prior to owners' 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", clause above.
J. In the event of sellers' failure to deliver the total quantity required by buyers/nominated vessel, sellers shall be responsible for any deadfreight provided, however, that such required quantity is within the quantity limits of the commodity contract.
K. Insurance on the commodity may be provided by Buyer/Receivers after vessel completes loading as evidenced by the Bill(s) of Lading. Loss or damage to the commodity prior to this time shall be for seller's account notwithstanding any other terms and conditions of this IFB.
6. Carrying/Interest Charges
Force majeure always excepted, if the vessel is delayed beyond dates of delivery, or vessel cannot perform, all interest and carrying charges claimed by Seller shall be collected from Shipowners. However, this does not in any way reduce liability of Buyer. Buyers not to be responsible for any storage, interest, carrying charges if vessel or vessels have tendered within shipment period of contract. Furthermore, carrying, storage, and interest charges to cease accruing on the date vessel or vessels tender in all respects ready to load the quantity covered by the sales contract.
Carrying Charges, if any, to be computed as follows:
A) If the contract is completed, carrying charges are to be computed after completion of shipment based upon actual quantity delivered.
B) If the contract is not completed or only partially executed (total quantity delivered being less than the Minimum 95% of the mean contract quantity), carrying charges are to be computed on the minimum quantity of the contract or the difference between the minimum quantity of the contract and the actual quantity delivered.
C) The rate for carrying charges is to be ½ of 1 cent per bushel per day, plus interest rate at 1.5% over Citibank, New York prime rate in effect on day of purchase.
7. Inspection
All costs of inspections are to be paid by the Seller.
8. Destination
Manta and/or Guayaquil, Ecuador
9. Payment
Payment for the Wheat will be effected in accordance with P.L. 480 Title I regulations and the Purchase Authorization No. EC-5022.
10. Documentation
A. Payment Documents required for direct payment from CCC:
1) Signed original of Form CCC-329 “Supplier’s Certificate” from the commodity supplier covering the net invoice price for the commodity.
2) One copy of Supplier’s detailed invoice showing quantity, description, contracted price, net total invoice price expressed in dollars, the amount for which financing is requested from CCC, the amount not eligible for financing by CCC, and basis of delivery of the commodity (e.g. F.O.B. vessel).
3) One copy of official Weight Certificate issued by FGIS or by an independent surveyor mutually acceptable to the buyer and the supplier at the point of loading of the vessel.
4) Signed Original of Form FAS-359, “Declaration of Sale”.
5) One copy of the ocean Bill of Lading marked “on-board”.
6) One copy of Form FGIS-909 “Official Export Grain Inspection Certificate”, issued in accordance with the grain standards act, as amended, covering inspection for grade at the point of loading to vessel.
7) One copy of a protein certificate issued by a private laboratory on the basis of the sample taken at point of loading to vessel, if protein is not shown on the official Export Grain Inspection Certificate.
8) One copy of the Phytosanitary Certificate issued by APHIS.
9) One copy of vessel “Certificate of Readiness”.
10) One copy of Certificate of Origin.
11) One copy of Certificate specifying Crop Year
12) One copy of the “Statement of Fumigant Application Compliance” signed by the certified applicator including certification that the cargo was fumigated in accordance with FGIS regulations and instructions. Additionally, one copy of the statement on official letterhead issued by the FGIS field office or the state agency designated/delegated by FGIS to perform the inspection services, stating that the fumigation was witnessed by official personnel of FGIS or the state agency.
13) One copy of Sellers' fax or telegram sent to buyers indicating quantity and specification of Wheat shipped, name of the vessel, bill of lading date, and the date of ship's departure.
14) One copy of fax sent to Buyer’s Agent, Universal Shipping Co., Inc. confirming that documents 1 through 12, listed
in 10.B., have been sent to Consignee via Courier (providing copy of Air Way Bill) within five (5) business days from the Bill of Lading date.
CCC is required to issue all payments by electronic transfer. Each supplier submitting documents to CCC for payment must provide the name of the company, the bank ABA number to which payment is to be made, the account number for the company at the bank, the company’s taxpayer identification number and the type of account being used. Documents may be hand carried (or
express mailed) 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, Attn: Foreign Exports Accounting Section, 1400 Independence Ave., S.W., Washington, D.C. 20250-0581.
B. Documents required by buyers:
1) Full set of three originals and 4 non-negotiable copies of clean on-board Bill(s) of Lading issued as per Charter
Party. The Bills of Lading must state that the cargo is loaded on board vessel and that freight is payable as per Charter Party.
2) Original Supplier's Invoice showing quantity shipped, specifications, price and total value.
3) Original official Weight Certificate issued by FGIS or by an independent surveyor mutually acceptable to the buyer and the supplier at the point of loading of the vessel.
4) Original "Official Export Grain Inspection Certificate" (FGIS-909) issued in accordance with the Grain Standards Act and Purchase Authorization No. EC-5022.
5) Original Protein Certificate issued by a private laboratory on the basis of the sample taken at point of loading to vessel, if protein is not shown on the official Export Grain Inspection Certificate.
6) Original and three copies of Phytosanitary Certificates issued by APHIS.
7) Original vessel “Certificate of Readiness”.
8) Original Certificate of Origin.
9) Original Certificate specifying Crop Year.
10) Original of the “Statement of Fumigant Application Compliance” signed by the certified applicator including certification that the cargo was fumigated in accordance with FGIS regulations and instructions.
11) Original statement on official letterhead issued by the
FGIS field office or the state agency designated/
delegated by FGIS to perform the inspection services,
stating that the fumigation was witnessed by official
personnel of FGIS or the state agency.
12) Copy of Sellers' fax or telegram sent to buyers indicating quantity and specification of Wheat shipped, name of the vessel, bill of lading date, and the date of ship's departure.
13) Copy of fax sent to Buyer’s Agent, Universal Shipping Co., Inc. confirming that documents 1 through 12 have been sent to Consignee via Courier (providing copy of Air Way Bill) within five (5) business days from the Bill of Lading date.
Sellers to send at their expense documentation as listed above directly to Consignee, Ministeriode Agricultura y Ganaderia del Ecuador, Avenidas Amazonas y Eloy Alfaro, Quito, Ecuador, Tele: 593-2-563622, via courier within five (5) business days after completion of loading (with copies of all documents to buyer’s agent, Universal Shipping Co.). Should Seller fail to courier documents to consignee during the time prescribed, then the Seller shall be liable for any expenses incurred by Buyer including but not limited to vessel demurrage and detention at discharge port due to delayed transmittal of documents.
11. Arbitration
Arbitration Clause No. 27 (Arbitration of N.A.E.G.A. No. 2 revised as of August 1, 1988) shall apply.
12. Bid Bond
Bidder's offer must be supported by a Bid Bond in the form of a certified check or an irrevocable Letter of Credit issued by a first class U.S. Bank in favor of Embassy of Ecuador c/o Universal Shipping Co., equivalent to two (2%) percent of the F.O.B. value of the grain offered, to be collectible by draft at sight accompanied by a statement from the Buyer to the effect that Bidder did not make written confirmation consistent with the terms and conditions set forth in the award, one working day after U.S.D.A.'s approval of sale. The Bid Bond shall guarantee that the Bidder will not withdraw his Bid Bond within the period specified therein after the opening. The Bid Bond must be valid for at least ten (10) days from the Bid's opening date. For the unsuccessful Bidders the above mentioned Bid Bond will be automatically canceled within five (5) days after the award. Bid Bonds of successful Bidders will be automatically canceled after submission of the required Performance Bond. Failure to post performance Bonds in time may cause forfeiture of the Bid Bonds.
13. Performance Bond
Within two (2) days of receipt of U.S.D.A.'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 a First Class U.S. National Bank in favor of Embassy of
Ecuador, c/o Universal Shipping Co., equivalent to (5%) percent of the value of awarded contract(s). The Performance Letter of Credit shall guarantee full and complete performance by the Seller of the terms and conditions of the IFB. It shall be collectible at the discretion of the beneficiary (buyer) by draft at sight, accompanied by (1) a statement from the beneficiary (buyer) detailing the nature and extent of the Seller's failure to so 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. 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.
14. Special Provisions Concerning Delay in Delivery
Should delivery by Seller of the Wheat or any part thereof, or acceptance of the Wheat or any part thereof, by Buyer 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 load port of delivery or elsewhere, preventing the forwarding of goods to such port, the shipment of such goods from such port or by reason of action by the Federal, State or Local Government or authority, the Seller shall be entitled upon termination of the cause or causes of prevention and/or delay, and on the resumption of work after the termination of the strike, riot, or lockout, whichever occurs later, to as much time as would have remained for delivery at the commencement of such cause or causes, 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 or causes of prevention or delay, and if such commencement occurs within the contract delivery period, or, if the cause or causes existed prior to the contract delivery period, within two (2) business days from the first day of contract delivery period, that the cause or causes then existed. Buyer shall not be responsible for carrying charges of any kind or character whatsoever in the event delivery is prevented as hereinabove set forth, and Buyer agrees to act promptly to accept the Wheat 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.
15. Failure to Take Delivery
In the event of buyer's failure to take delivery (partial or total) within the original delivery period, sellers 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 buyers fail to nominate loading vessel within the original delivery period, sellers shall carry the Wheat for buyers'
account beyond the original delivery period until buyers nominate vessel and take delivery.
C) If Buyers are unable to take delivery within the original or extended delivery period due to clause(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 Wheat until buyers take 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 thirty (30) days.
16. Contract
Terms and conditions of this IFB, the PL-480 Regulations and Purchase Authorization No. EC-5022 will be fully incorporated by reference in the contract. Said contract must be signed by Seller within two (2) working days of the official award. The contract form will be Seller's Sales Contract form on Sellers letterhead.
17. Submission of Bids
Bids will be opened in public at the offices of Universal Shipping Co., Inc. at 1530 hours Washington, D.C. time, Thursday, September 12, 2002. Bidders wishing to attend are welcome to do so. Any bids received after stipulated time will not be considered.
All bids shall be submitted in writing, in a sealed letter or by fax and addressed to:
Government of Ecuador
c/o Universal Shipping Co.
2300 Clarendon Blvd., Suite 1004
Arlington, VA 22201
Fax: 703-522-9417
Telephone: 202-298-6100.
Offers to be submitted not later than 1530 hours Washington, D.C. time, Thursday, September 12, 2002 and to be valid until 1000 hours Washington, D.C. time, Friday, September 13, 2002.
All bidders using the fax assume full responsibility. Late receipt of the fax offers after the closing time for any reason including fax system delay in printing, shall be responsibility of the bidders and such bids shall not be considered. Bids that commence printing prior to 1530 hours will be accepted.
Successful bidders are required to give confirmation by telegram of their acceptance of the award within one working day after the issuance of the award. Bidders will not be permitted to withdraw their bids within the period herein set forth for acceptance of bids. Any offers received not in accordance with this invitation will not be considered.
18. Award
The Government of Ecuador reserves the right to accept or reject any or all Bids or to accept less than the quantity offered at the price offered.
The Government of Ecuador
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