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Tender Sept 1, 2004
JO-5030
MIT-HKJ/PL480/COM/2004
PL480 TITLE I COMMODITY TENDER FOR BULK WHEAT (JORDAN)
FETTIG & DONALTY, INC. ISSUE COMMODITY TENDER (PL480 TITLE I) FOR BULK WHEAT
ON BEHALF OF THE HASHEMITE KINGDOM OF JORDAN
IFB NUMBER : MIT-HKJ/PL480/COM/2004
THIS CONSTITUTES A FORMALLY ADVERTISED PROCUREMENT BY THE HASHEMITE KINGDOM
OF JORDAN FOR THE COMMODITY DESCRIBED BELOW WHICH IS TO BE FINANCED UNDER
P.L. 480, TITLE I PROGRAM BETWEEN THE GOVERNMENT OF THE HASHEMITE KINGDOM OF
JORDAN AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, AND IN ACCORDANCE
WITH ALL PROVISIONS OF P.L. 480, TITLE I PROGRAM FROM THE U.S.A. AND
PURCHASE AUTHORIZATION NO. JO-5030
AUTHORITY: U.S. DEPARTMENT OF AGRICULTURE,
OPERATIONS DIVISION
PURCHASER: MINISTRY OF INDUSTRY AND TRADE, AMMAN, JORDAN FAX 9625684979
PROCUREMENT: WILL BE IN ACCORDANCE WITH ALL PROVISIONS OF P.L. 480, TITLE I
PROGRAM.
COMMODITY: U.S. NO. 2 OR BETTER HARD RED WINTER WHEAT OR U.S. NO. 2 OR
BETTER HARD RED SPRING WHEAT
SPECIFICATIONS OF U.S. HARD RED WINTER WHEAT NO. 2 OR BETTER OR U.S.
HARD RED SPRING WHEAT NO. 2 OR BETTER
SEPARATE OFFERS ARE REQUIRED FOR EACH TYPE OF WHEAT.
CROP: 2003/2004
MOISTURE: 13% MAXIMUM
PROTEIN: 11.0% (NX5.7) MIN AS IS BASIS
TEST WEIGHT: 58 LBS./BUSHEL MINIMUMS
FOREIGN MATERIAL: 0.7% MAXIMUM
DOCKAGE: 1% MAXIMUM (ALL DOCKAGE TO BE DEDUCTED FROM SUPPLIER’S INVOICE).
BROKEN AND SHRUNKEN: 5% MAXIMUM
HEAT DAMAGED KERNELS: 0.2% MAXIMUM
TOTAL DAMAGED KERNELS: 4% MAXIMUM (INCLUDE HEAT DAMAGED)
DEFECTS: DEFECT 5% MAXIMUM (TOTAL) INCLUDE DAMAGED KERNELS, FOREIGN
MATERIAL, AND SHRUNKEN AND BROKEN KERNELS. THE SUM OF THESE THREE FACTORS
MAY NOT EXCEED THE LIMIT FOR THE FACTOR DEFECTS OF EACH NUMERICAL GRADE.
FREE FROM LIVE WEEVILS AND WEEVILED KERNELS.
NEGATIVE AFLATOXINE CONTENT.
NET PRICE OF WHEAT MUST BE QUOTED PER METRIC TON FOB, UN-STOWED AND
UNTRIMMED, U.S. PORT OR RANGE OF PORTS, OR CANADIAN TRANSSHIPMENT POINTS,
SEPARATELY FOR (A) BULK CARRIER, (B) MULTI DECKER (INCLUDING LINER), (C)
TANKER, AND (D) 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.
QUANTITY: APPROXIMATELY (130,000) MT IN BULK, 5% MORE OR LESS AT BUYER’S
OPTION IN THREE DELIVERY PERIODS (BUT TOTAL VALUE OF ALL WHEAT IN THE P.A.
NOT TO EXCEED U.S. $20,000,000.00). SUPPLIER MAY BID FOR ALL OR ANY PART
THEREOF. EXACT AMOUNT AT BUYER’S OPTION. EACH CONTRACT QUANTITY TO BE 5%
MORE OR LESS BUYER’S OPTION.
DELIVERY PERIODS:
DELIVERY PERIOD APPROXIMATE QUANTITIES
OCTOBER 1-15, 2004 UPTO APPROX. 50,000 MT
OCTOBER 17-NOVEMBER 1, 2004 UPTO APPROX. 50,000 MT
NOVEMBER 5-20, 2004 UPTO APPROX. 50,000 MT
DELIVERY TERMS:
A) DELIVERY TO BE EFFECTED AT BUYER’S CALL DURING THE DELIVERY PERIOD, EACH
CONTRACT TO BE LOADED IN ONE OR MORE VESSELS, AT BUYER’S OPTION. FOB VESSEL
FROM ONE (1) OR TWO (2) SAFE BERTHS, ONE (1) OR TWO (2) SAFE U.S. PORTS OR
CANADIAN TRANSSHIPMENT POINTS FOR EACH LOT OFFERED. OFFERS MUST SPECIFY
PORT(S) OR COASTAL RANGE.
B) SELLER IS TO DECLARE LOADING PORT TEN (10) CALENDAR DAYS PRIOR TO
COMMENCEMENT OF THE CONTRACTED DELIVERY PERIOD. SAID LOAD PORT MUST BE
WITHIN THE LOAD RANGE NOMINATED IN THE OFFER. SELLER TO NOMINATE LOADING
ELEVATOR MINIMUM FIVE (5) CALENDAR DAYS PRIOR TO NOMINATED VESSEL’S ETA AT
LOAD PORT. NOMINATION OF SHIPPING PORT OR RANGE OF PORTS AND QUANTITY TO BE
DELIVERED TO BE INCLUDED IN BIDS. SELLERS TO SPECIFY IN THEIR BID
RESTRICTIONS ON VESSELS FOR PROSPECTIVE LOADING BERTHS.
C) IN THE EVENT SELLERS NOMINATE AS THE PORT OF LOADING A PORT WHICH MASTER
OR MASTERS OF VESSEL OR VESSELS ENGAGED TO LIFT THE CONTRACTED QUANTITY,
WHEN NOT MORE THAN 72 HOURS OFF THE PORT, DEEMS UNSAFE FOR ENTRY, SELLERS
ARE OBLIGED TO PROMPTLY PROVIDE CONTRACTED QUANTITY AT ANOTHER PORT ON 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.
D) BUYER WILL PROVIDE SELLERS WITH MINIMUM 10 DAYS PRE-ADVICE OF VESSEL’S
ETA AT LOADING PORT. ALL PRE-ADVICE 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 ADVICE IS PROVIDED. IF MORE THAN ONE SUPPLIER
IS LOADING A VESSEL IN THE SAME PORT, THE TENDER
OF VESSEL TO ONE SUPPLIER SHALL CONSTITUTE TENDERING TO ALL SUPPLIERS.
E) SUBSTITUTION OF PERFORMING VESSEL, IF REQUIRED BY BUYER, TO BE ACCEPTED
BY SELLERS WITHOUT ANY REQUIREMENT FOR A NEW PRE-ADVICE ON THE BASIS THAT
THE SUBSTITUTE VESSEL’S ETA AT THE LOAD 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 LOADING BERTH(S).
F) 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 OWNER AND/OR BUYERS, INCLUDING BUT NOT LIMITED TO TIME
LOST AND FUMIGATION COSTS DUE TO DELIVERY OF SUCH OFF-GRADE COMMODITY.
SELLER MUST COMPENSATE OWNERS AND/OR BUYERS FOR ALL SUCH COSTS AND DAMAGES
PRIOR TO THE OWNER’S RELEASE OF BILLS OF LADING COVERING THE SHIPMENT
CONCERNED EXCEPT FOR TIME LOST, WHICH WILL BE COUNTED IN ACCORDANCE WITH
TERMS OF LOADING RATE GUARANTEE.
G) IN THE EVENT OF SELLER’S FAILURE TO DELIVER THE TOTAL QUANTITY REQUIRED
BY BUYER/NOMINATED VESSEL, SELLERS SHALL BE RESPONSIBLE FOR ANY DEAD-FREIGHT
PROVIDED HOWEVER, THAT SUCH REQUIRED QUANTITY IS WITHIN THE QUANTITY LIMITS
OF THE COMMODITY CONTRACT.
LOADING TOLERANCE
THE 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.
DELIVERY RATE GUARANTEE
SELLERS TO GUARANTEE, NOTWITHSTANDING ANY CUSTOM OF THE PORT
AND/OR ELEVATOR TARIFFS, DELIVERY OF COMMODITY AT AN AVERAGE RATE
OF 5000 MT OR MORE FOR BULK CARRIERS AND 2500 MT OR MORE FOR
MULTI-DECKERS INCLUDING LINERS AND TANKERS PER WEATHER WORKING
DAY, SATURDAYS, SUNDAYS AND HOLIDAYS EXCEPTED, EVEN IF USED,
PROVIDED VESSEL CAN RECEIVE AT SUCH RATE. OFFERS MUST NOT MAKE
EXCEPTION TO LOAD RATE GUARANTEE SPECIFIED IN INVITATION FOR BIDS,
HOWEVER, SUPPLIER MAY OFFER SEPARATE PRICE FOR AWARDS OF LESS
THAN 15,000 MT WITH LOAD RATE GUARANTEE. NOTIFICATION OF VESSEL’S
READINESS TO LOAD TO BE GIVEN TO SELLERS OR THEIR ELEVATOR(S) BY
BUYER’S OUT PORT AGENT OR VESSEL OWNER’S AGENT BY LETTER OR TELEX
AT OR BETWEEN 0900 TO 1700 HOURS MONDAY THROUGH FRIDAY INCLUSIVE
(OR BEFORE 12 NOON IF ON SATURDAY), VESSEL HAVING BEEN ENTERED AT
THE CUSTOMS HOUSE AND ALL NECESSARY COMPARTMENTS OF THE VESSEL
HAVING BEEN PASSED BY NATIONAL CARGO BUREAU AND USDA LICENSED
GRAIN INSPECTOR. THE LAYTIME WILL COMMENCE AT 0800 HOURS ON THE
NEXT BUSINESS DAY WHETHER THE VESSEL IS IN BERTH OR NOT. ANY PRIOR
TIME, IF USED, NOT TO COUNT AS LAYTIME. INSPECTION PASSES TO BE
SUBMITTED TO SELLERS OR THEIR ELEVATOR(S) AFTER VESSEL’S NOTICE OF
READINESS IS TENDERED AND WITH LAYTIME COMMENCING AS ABOVE.
DEMURRAGE FOR NON-U.S. FLAG VESSELS, IF INCURRED, TO BE PAID BY
SELLERS TO THE BUYER AT THE RATE OF THE GOVERNING CHARTER PARTY
OR BOOKING NOTE. DEMURRAGE, FOR U.S. FLAG VESSELS, IF INCURRED, TO
BE SETTLED BETWEEN OWNER AND COMMODITY SUPPLIER. DESPATCH, FOR
U.S. FLAG VESSEL ONLY, TO BE SETTLED DIRECTLY BETWEEN OWNER AND
COMMODITY SUPPLIER.
IN-TRANSIT FUMIGATION
VESSELS MUST BE ABLE TO BE FUMIGATED WITH AN ALUMINUM PHOSPHIDE PREPARATION
IN-TRANSIT IN ACCORDANCE WITH THE USDA, FGIS FUMIGATION HANDBOOK. AT THE
FINAL LOAD PORT, COMMODITY SUPPLIER WILL ARRANGE AND PAY FOR IN-TRANSIT
FUMIGATION PERFORMED BY A CERTIFIED APPLICATOR IN ACCORDANCE WITH THE USDA,
FGIS FUMIGATION HANDBOOK. FUMIGATION MUST BE WITNESSED BY FGIS, USDA AND
THE ALUMINUM PHOSPHIDE PREPARATION MUST BE CONTAINED IN PACKAGING AS
DESCRIBED IN THE FUMIGATION HANDBOOK. DUST RETAINERS MUST BE USED. FOR
BULK CARRIERS (INCLUDING PUSH MODE ITB’S), THE RECIRCULATION METHOD OF
FUMIGATING WILL BE USED. TWEEN-DECK RESTRICTION: TWEEN-DECK VESSELS WILL
BE CONSIDERED PROVIDED THEY ARE ACCEPTABLE FOR IN-TRANSIT FUMIGATION IN
ACCORDANCE WITH USDA, FGIS FUMIGATION HANDBOOK.
PAYMENT
PAYMENT WILL BE MADE DIRECTLY BY CCC.
PAYMENT DOCUMENTS TO BE SUBMITTED TO CCC:
1. SIGNED ORIGINAL OF FORM CCC-329 “SUPPLIER’S CERTIFICATE” FROM THE
COMMODITY SUPPLIER COVERING THE NET INVOICE PRICE (AFTER DEDUCTING DOCKAGE)
FOR THE COMMODITY.
2. 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, THE AMOUNT NOT ELIGIBLE
FOR FINANCING BY CCC, AND BASIS OF DELIVERY (E.G., F.O.B. VESSEL).
3. ONE COPY OF WEIGHT CERTIFICATE ISSUED AT LOAD POINT BY FGIS OR AN
INDEPENDENT SURVEYOR OR MUTUALLY ACCEPTABLE TO BOTH BUYER AND SUPPLIER.
4. SIGNED ORIGINAL OF FORM FAS-359, “DECLARATION OF SALE”.
5. ONE COPY OF “OFFICIAL EXPORT GRAIN INSPECTION CERTIFICATE” (FORM
FGIS-909) ISSUED ON THE BASIS OF THE SAMPLE TAKEN AT POINT OF LOADING TO
VESSEL WHICH MUST SHOW THE AVERAGE PROTEIN CONTENT OF THE WHEAT TO BE
MINIMUM OF 11.0% AS IS BASIS AND SHOWING NEGATIVE AFLAXTOXIN.
(CERTIFICATION BY A PRIVATE LABORATORY IS NOT ACCEPTABLE.)
6. ONE COPY EACH OF THE CERTIFICATES ISSUED BY BOTH THE NATIONAL CARGO
BUREAU (NCB) AND BY A USDA LICENSED GRAIN INSPECTOR STATING THE VESSEL HAD
BEEN ACCEPTED AND WAS FOUND SUITABLE TO LOAD THE WHEAT CARGO.
7. ONE COPY OF CERTIFICATE OF ORIGIN.
8. ONE COPY OF A STATEMENT OR CERTIFICATE STATING THE CROP YEAR.
9. ONE COPY OF A “STATEMENT OF FUMIGANT APPLICATION COMPLIANCE” SIGNED BY A
CERTIFIED APPLICATOR INCLUDING A CERTIFICATION THAT CARGO WAS FUMIGATED IN
ACCORDANCE WITH FGIS REGULATIONS AND INSTRUCTIONS. ADDITIONALLY ONE COPY OF
A STATEMENT ON OFFICIAL LETTERHEAD ISSUED BY FGIS STATING THAT THE
FUMIGATION WAS WITNESSED BY OFFICIAL PERSONNEL OF FGIS OR THE LICENSED STATE
AGENCY.
10. ONE COPY OF OFFICIAL PHYTOSANITARY CERTIFICATE.
11. ONE COPY OF CERTIFICATE STATING THAT SHIPPED GOODS ARE FIT FOR HUMAN
CONSUMPTION ISSUED BY AN INDEPENDENT LABORATORY AT SELLER’S OPTION ON THE
BASIS OF A SAMPLE TAKEN AT POINT OF LOADING TO VESSEL.
12. ONE (1) COPY OF THE CLEAN ON-BOARD BILL OF LADING.
CCC PAYS BY ELECTRONIC TRANSFER. WHEN SUBMITTING DOCUMENTS TO
CCC FOR PAYMENT THE FOLLOWING INFORMATION IS REQUIRED:
(1) THE NAME OF THE 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, S.W.
WASHINGTON, D.C. 20250-0581
DOCUMENTS REQUIRED BY BUYER
A. THREE (3) ORIGINAL NEGOTIABLE PLUS SIX (6) NON-NEGOTIABLE COPIES OF CLEAN
ON BOARD BILL(S) OF LADING AS PER CHARTER PARTY OR BOOKING NOTE. THE
BILL(S) OF LADING MUST STATE ON-BOARD DATE AND STATE THAT FREIGHT IS PAYABLE
AS PER CHARTER PARTY.
B. COMMERCIAL INVOICE - SEVEN (7) COPIES SIGNED BY SELLERS.
C. OFFICIAL EXPORT GRAIN WEIGHT CERTIFICATE IN TRIPLICATE.
D. OFFICIAL PHYTOSANITARY CERTIFICATE IN TRIPLICATE.
E. CERTIFICATE OF ORIGIN (1 ORIGINAL AND 5 COPIES)
F. FGIS “OFFICIAL EXPORT GRAIN INSPECTION CERTIFICATE” (FGIS-909) ISSUED ON
THE BASIS OF THE SAMPLE TAKEN AT POINT OF LOADING TO VESSEL, WHICH SHOWS THE
AVERAGE PROTEIN CONTENT OF THE WHEAT TO BE MINIMUM 11.0% AS IS BASIS AND
SHOWING NEGATIVE AFLATOXIN. (CERTIFICATION BY A PRIVATE LABORATORY IS NOT
ACCEPTABLE).
G. ONE (1) COPY EACH OF THE VESSEL INSPECTION CERTIFICATES ISSUED BY BOTH
THE NATIONAL CARGO BUREAU (NCB) AND BY A USDA LICENSED GRAIN INSPECTOR
STATING THAT THE VESSEL WAS IN AL RESPECTS READY TO LOAD THE WHEAT CARGO.
H. CERTIFICATE STATING THAT SHIPPED GOODS ARE FIT FOR HUMAN CONSUMPTION
ISSUED BY AN INDEPENDENT LABORATORY AT SELLER’S OPTION ON THE BASIS OF A
SAMPLE TAKEN AT POINT OF LOADING TO THE VESSEL.
I. ONE (1) COPY OF A “STATEMENT OF FUMIGANT APPLICATION COMPLIANCE” SIGNED
BY A CERTIFIED APPLICATOR INCLUDING A CERTIFICATION THAT CARGO WAS FUMIGATED
IN ACCORDANCE WITH FGIS REGULATIONS AND INSTRUCTIONS. ADDITIONALLY, ONE (1)
COPY OF A STATEMENT ON OFFICIAL LETTERHEAD ISSUED BY FGIS STATING THAT THE
FUMIGATION WAS WITNESSED BY OFFICIAL PERSONNEL OF FGIS OR THE LICENSED STATE
AGENCY.
DOCUMENTS A THROUGH I ABOVE ARE TO BE SENT BY COURIER TO BUYER’S
AGENT:
FETTIG & DONALTY, INC.
1225 EYE STREET, N.W. STE 1200
WASHINGTON, D.C. 20005
AND A COPY OF THE AIR WAY BILL TO BE FAXED TO FETTIG & DONALTY INC.
AT (202) 639-8276.
PREPARATION OF BIDS
A) BIDDERS ARE EXPECTED TO EXAMINE THE SPECIFICATIONS AND ALL INSTRUCTIONS
CONTAINED HEREIN. FAILURE TO DO SO WILL BE AT THE BIDDER’S RISK.
B) EACH BIDDER IS REQUESTED TO SUBMIT ITS COMPLETE NAME AND ADDRESS.
C) NAME OF SHIPPING PORT OR RANGE OF PORTS AND QUANTITY TO BE DELIVERED
SHALL BE INCLUDED IN THE BID.
D) FOB BIDS ARE TO BE SUBMITTED IN ACCORDANCE WITH TERMS AND CONDITIONS
MENTIONED IN THIS IFB.
GUARANTEE
A. BID BOND:
ALL OFFERS MUST BE SUPPORTED BY A 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 MINISTRY OF INDUSTRY AND
AND TRADE AMMAN, JORDAN C/O FETTIG & DONALTY, INC., 1225 EYE
STREET, N.W., WASHINGTON, D.C. 20005, EQUIVALENT TO TWO PERCENT (2%)
OF THE VALUE OF THE COMMODITY OFFERED, TO BE COLLECTIBLE BY DRAFT
AT SIGHT ACCOMPANIED BY A STATEMENT FROM THE MINISTRY OF INDUSTRY
& TRADE, AMMAN, JORDAN, TO THE EFFECT THAT THE BIDDERS DID NOT MAKE
WRITTEN CONFIRMATION CONSISTENT WITH THE TERMS AND CONDITION SET
FORTH IN THE AWARD WITHIN ONE (1) WORKING DAY AFTER AWARD HAS BEEN
ISSUED. SUCH BID BOND SHALL BE SUBMITTED WITH THE FURTHER UNDER-
STANDING THAT IT SHALL GUARANTEE THAT THE BIDDER WILL NOT WITH-
DRAW HIS BID WITHIN THE PERIOD HEREINAFTER SET FOR THE ACCEPTANCE
OF BIDS. THE BID BOND SHALL BE VALID FOR TEN (10) DAYS AFTER THE BID
OPENING AND WILL BE AUTOMATICALLY CANCELLED IN THE CASE OF
UNSUCCESSFUL BIDDERS WITHIN TEN (10) DAYS AFTER CLOSING OF THE
TENDER. FOR SUCCESSFUL BIDDERS, THE BID BOND SHALL BE
AUTOMATICALLY CANCELLED AFTER PRESENTATION OF AN ACCEPTANCE BY
BUYER OF THE PERFORMANCE BOND.
B. 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
ISSUED BY A FIRST-CLASS U.S. BANK IN FAVOR OF THE MINISTRY OF
INDUSTRY AND TRADE AMMAN, JORDAN C/O FETTIG & DONALTY, INC.,
(ADDRESS AS ABOVE) EQUIVALENT TO FIVE PERCENT (5%) OF THE VALUE
OF THE AWARDED CONTRACT(S). THE PERFORMANCE LETTER OF CREDIT
SHALL GUARANTEE FULL TERMS AND COMPLETE PERFORMANCE BY THE
SELLER OF THE TERMS AND CONDITIONS OF THIS IFB AND SHALL BE
COLLECTIBLE AT THE DISCRETION OF THE BENEFICIARY BY DRAFT AT SIGHT
ACCOMPANIED BY: 1. STATEMENT FROM THE BENEFICIARY DETAILING THE
NATURE AND EXTENT OF THE SELLERS FAILURE TO COMPLY AND 2. REPORT
FROM AN INDEPENDENT SURVEYOR, LABORATORY, OR OTHER COMPETENT
AUTHORITY CORROBORATING SUCH DETAILED STATEMENT. THIS DETAILED
STATEMENT WILL INCLUDE AN EXPLANATION OF THE 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.
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 THIRTY (30) DAYS AFTER
COMPLETION OF LOADING. PERFORMANCE BOND SHALL BE RELEASED
IMMEDIATELY AFTER FETTIG & DONALTY INC., HAS RECEIVED ALL THE
DOCUMENTS REQUIRED UNDER “DOCUMENTS REQUIRED BY BUYER”
ABOVE.
FAILURE TO TAKE DELIVERY
IN THE EVENT OF BUYER’S FAILURE TO TAKE DELIVERY (PARTIAL OR TOTAL)
WITHIN ORIGINAL DELIVERY PERIOD, SELLERS SHALL TAKE THE FOLLOWING
MEASURES:
A) IF LOADING VESSEL IS NOMINATED WITHIN ORIGINAL DELIVERY PERIOD BUT THE
VESSEL TENDERS NOTICE OF READINESS TO SELLERS OR THE LOADING ELEVATOR AFTER
THE LAST DAY OF THE ORIGINAL DELIVERY PERIOD, THE DELIVERY PERIOD WILL BE
EXTENDED FOR A SUFFICIENT PERIOD FOR THE VESSEL.
B) IF BUYER FAILS TO NOMINATE LOADING VESSEL WITHIN ORIGINAL DELIVERY
PERIOD, SELLERS SHALL CARRY THE GRAIN 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 ORIGINAL OR EXTENDED DELIVERY
PERIOD DUE TO CAUSE(S) LISTED UNDER “STRIKES OR OTHER CAUSE OF DELAY IN
DELIVERY”, CLAUSE 20(B) OF NAEGA FORM NO. 2 (AUGUST 1, 1988), SELLERS SHALL
CONTINUE TO CARRY THE GRAIN 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 BUYER IN THE EVENT SUCH CAUSE(S) LAST MORE THAN THIRTY
(30) DAYS.
CARRYING CHARGES ON FOB BASIS
A) PURCHASER WILL BE RESPONSIBLE FOR ANY STORAGE, INTEREST OR CARRYING
CHARGES IF THE VESSEL OR VESSELS HAVE NOT TENDERED WITHIN THE SHIPMENT
PERIOD OF THE CONTRACT. FURTHERMORE, CARRYING, STORAGE AND INTEREST CHARGES
TO CEASE ACCRUING
ON THE DATE THE VESSEL OR VESSELS TENDER IN ALL RESPECTS READY TO LOAD THE
QUANTITY COVERED BY THE SALES CONTRACT.
B) PURCHASER WILL NOT BE RESPONSIBLE FOR ANY STORAGE, INTEREST OR CARRYING
CHARGES INCURRED BY AND/OR DURING AND/OR AS A RESULT OF STRIKES OR OTHER
CAUSE(S) OF DELAY IN THE DELIVERY.
C) CARRYING CHARGES, IF ANY, TO BE COMPUTED AS FOLLOWS:
1) WHEN CONTRACT IS NOT COMPLETED, CARRYING CHARGES ARE TO BE COMPUTED
AFTER COMPLETION OF SHIPMENT BASED UPON ACTUAL QUANTITY DELIVERED.
2) WHEN CONTRACT IS NOT COMPLETED OR ONLY PARTIALLY EXECUTED (TOTAL
QUANTITY DELIVERED BEING LESS THAN THE MINIMUM 95% OF THE MAIN CONTRACT),
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.
3) RATE OF CARRYING CHARGES TO BE U.S. (20) CENTS PER MT PER DAY INCLUDING
INTEREST.
BREACH AND DELAY
THE MINISTRY OF INDUSTRY AND TRADE, AMMAN, JORDAN HAS THE RIGHT
IN THE EVENT OF ANY DELAY ON THE PART OF THE CONTRACTOR TO DELIVER
THE CONTRACTED QUANTITIES OR ANY PART THEREOF ACCORDING TO THE
SCHEDULE TO ADOPT ANY ONE OF THE FOLLOWING PROCEDURES:
A) TO GIVE FURTHER TIME AND IMPOSE A FINE.
B) PURCHASE ON BEHALF OF THE CONTRACTOR
C) REPEAL OF THE AGREEMENT AND CONFISCATION OF THE PERFORMANCE GUARANTEE BY
NOTIFYING THE CONTRACTOR WITH A REGISTERED LETTER TO THIS EFFECT.
D) IF THE PROCUREMENT BASIS IS FOB, ANY DISPUTES ARISING IN CONNECTION WITH
THIS CONTRACT SHALL BE FINALLY DECIDED UNDER THE RULES OF CONCILIATION AND
ARBITRATION IN NEW YORK.
GENERAL CONDITIONS
A) TENDER BOARD SHALL NOT BE LIABLE FOR ERRORS OR MISTAKES MADE BY THE
PARTICIPANTS THROUGH THE OFFERS WHATEVER MAY BE ALSO CONSIDERED TO BE FINAL
UPON FIRST PRESENTATION.
B) OFFERS THAT ARE NOT IN ACCORDANCE WITH TERMS AND CONDITIONS
OF THIS IFB WILL NOT BE CONSIDERED.
C) CONTRACT: TERMS AND CONDITIONS OF THIS IFB, P.L. 480, TITLE I
REGULATIONS AND PURCHASE AUTHORIZATION (JO-5030) WILL BE FULLY INCORPORATED
BY REFERENCING THE CONTRACT. THE
CONTRACT FORM WILL BE SELLER’S SALES CONTRACT FORM ON SELLER’S LETTERHEAD.
D) WEIGHT AND SPECIFICATIONS FINAL AT LOADING PORT AS PER USDA/FGIS
INSPECTION CERTIFICATE.
E) THE MINISTRY OF INDUSTRY AND TRADE IS CONSIDERED TO BE AUTHORIZED IN
ADVANCE AND WITHOUT NOTIFICATION TO COLLECT
THE VALUE OF THE PERFORMANCE BOND IN CASE CONTRACTOR FAILS TO FULFILL ANY OF
THE TERMS AND CONDITIONS OF THIS IFB.
F) ALL CERTIFICATES REQUIRED AND MENTIONED IN THIS IFB WILL BE FOR THE
ACCOUNT OF THE SELLER.
SUBMISSION OF BIDS
A) BIDS MAILED AND HAND-CARRIED SHALL BE ENCLOSED IN SEALED ENVELOPES
ADDRESSED TO:
EMBASSY OF THE HASHEMITE KINGDOM OF JORDAN
3405 INTERNATIONAL DRIVE, N.W.
WASHINGTON, D.C. 20008
TELEPHONE (202) 966-2664
TELEFAX (202) 244-0239
B) BIDS MUST BE SUBMITTED IN WRITING OR SEALED LETTER IN ONE ORIGINAL AND
TWO COPIES OR BY TELEX OR TELEFAX TO REACH ABOVE ADDRESS NOT LATER THAN
(15:30) HOURS WASHINGTON, D.C. TIME (SEPTEMBER 8, 2004). THE BIDS WILL BE
OPENED AND READ IN PUBLIC AT THAT PLACE AND TIME. BIDS RECEIVED THEREAFTER
WILL NOT BE CONSIDERED RESPONSIVE TO THIS TENDER.
C) IF A TELEX OFFER IS CONNECTED TO OUR MACHINE BEFORE (15:30) HOURS
WASHINGTON, D.C. TIME, ACCORDING TO (ITT NETWORK CLOCK) TIME AS PRINTED ON
OFFER (BASED ON EASTERN STANDARD/EASTERN DAYLIGHT SAVINGS TIME AS
APPROPRIATE), AND CONTINUES TRANSMITTING PAST (15:30) HOURS UNTIL
COMPLETION, BUYER WILL CONSIDER THE OFFER AS IF IT HAD COMPLETED
TRANSMITTING BEFORE (15:30) HOURS WASHINGTON, D.C. TIME. HOWEVER, BUYER
WILL NOT CONSIDER ANY TELEX OR FACSIMILE, WHICH CONNECTS TO OUR MACHINE
AFTER (15:30) HOURS WASHINGTON, D.C. TIME.
D) ALL BIDS MUST REMAIN FIRM UNTIL (10:00) HOURS, WASHINGTON, D.C. TIME
(SEPTEMBER 9, 2004), AND BIDS ACCEPTED MUST REMAIN FIRM UNTIL SALES ARE
CONCLUDED WITH USDA APPROVAL. ACCEPTANCE OF BIDS (AWARDS) WILL BE MADE BY
TELEPHONE BY (10:00) HOURS WASHINGTON, D.C. TIME (SEPTEMBER 9, 2004) AND
CONFIRMED BY TELEX, TELEFAX OR TELEGRAM WITHIN ONE (1) WORKING DAY FOLLOWING
AWARD AFTER USDA APPROVAL OF SAME.
E) BIDDERS WILL NOT BE PERMITTED TO WITHDRAW THEIR BIDS DURING THE PERIOD
HEREIN SET FORTH FOR ACCEPTANCE OF BIDS. ANY BIDS RECEIVED NOT IN
ACCORDANCE WITH THIS ITB WILL NOT BE CONSIDERED. BIDS MADE ORALLY OR BY
TELEPHONE OR OPEN LETTER WILL NOT BE CONSIDERED.
F) BUYER RESERVES THE RIGHT TO ACCEPT ALL OR PART OF THE BID QUANTITY AND
THE RIGHT TO REJECT ANY OR ALL BIDS.
FOR FURTHER INFORMATION CONTACT:
FETTIG & DONALTY, INC.
1225 EYE STREET, N.W.
WASHINGTON, D.C. 20005
TELEPHONE (202) 628-5700
END OF IFB
ISSUED AUGUST 31 , 2004
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