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Indonesia ID 5005
Award
No awards were made, as Indonesia chose not to purchase any peas.
Tender
INVITATION FOR BIDS (PEAS IN BAGS)
Indonesia P.L. 480 TITLE I - FY 2002
Purchase Authorization No. ID-5005
Date: Sept. 20, 2002
IFB No. MR/ID5005/2002
The Embassy of Indonesia, Washington DC on behalf of Badan Urusan Logistik, (BULOG) of Indonesia , requests bids for the supply of U.S. whole peas in bags, subject to the terms and conditions of P.L. 480, Title I regulations and P.A.: ID-5005. Total value of purchase not to exceed U.S $ 1,000,000.00
Suppliers intending to make offers under this IFB should obtain a copy of the "Public Law 480 Regulations Governing the Financing of Commercial Sales of Agricultural Commodities"" from the Operations Division, USDA/FAS, Washington, DC (telephone (202) 720-2289/9292). Compliance with the provision of the Regulations, which apply to contracts made and documentation submitted for sales under this IFB, is required to obtain CCC financing for a sale. Suppliers desiring to sell commodities must be approved by USDA/FAS and meet the eligibility requirements of Section 17.5(a) of the Regulations. Potential suppliers should contact the Operations Division, if they have a question about whether or not they are an approved supplier.
Bidders must comply with all the terms and conditions of this IFB.
1. Source: United States of America
2. Commodity Specifications:
Grade U.S. No. 2 or better, whole Yellow peas or whole Green peas in 50 kg net bags with 2% empty bags, needle and twine. Bidder must state type of peas being offered in their bid
3. Quantity in Net Metric Tons Delivery Period
Approx.4,000 MT November 5-30, 2002
NB: Maximum value of awards shall not exceed $1.0 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 by type of peas offered, for 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 by the type of peas (Yellow or Green), 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 the peas, 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 quality 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/warehouse, 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 peas, 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/warehouse, 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 peas 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. 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 peas in bags are loaded from the mill/warehouse 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/warehouse, costs of stuffing containers, including costs of inspections and loading observations as required by the purchase authorization, and returning full containers with the bagged peas to the carrier's container yard at port of embarkation for loading on ocean going vessel.
B. Delivery Terms:
I.) For peas 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 peas (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 peas in sufficient quantity to allow vessel owner to maintain normal loading rates. However, in no event shall Seller's delivery rate of the bagged peas 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 peas 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/warehouse, stuffing the peas 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/warehouse 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/warehouse (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 peas 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/warehouse), 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 peas shall be packed in new woven polypropylene bags, each containing 50 kilos net. Bag specifications to be in accordance with Purchase Authorization ID-5005. 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 peas. If destination is shown on bags, only acceptable destination is Indonesia.
9. 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 peas 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-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. Inspection shall also include check weighing and check counting .
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) Radiation Certificate.
ix) 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-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. Inspection shall also include check weighing and check counting.
d. Certificate of Origin specifying crop year- original and 5 copies.
e. Original Phytosanitary Certificate from USDA/APHIS.
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 Indonesia, 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 Indonesia 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 Indonesia, 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. ID-5005 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 Indonesia
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 3:30 pm hours Washington, DC time on September 26, 2002 and are to remain valid until 1000 hours Washington, DC time on September 27, 2002. Late offers will not be considered. However, if a fax starts printing before 3:30 pm 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 Indonesia
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