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Pakistan PK 5008
Award
USDA Reference No: PK 5008
Cargill, Inc.
Quantity: 1,131 MT +/- 5%
Grade: As per tender
Loadport: 1sb 1sp Mississippi River
Delivery Period: October 10-25, 2002
Price: $223.45 pmt FOB unstowed, untrimmed basis bulk carrier
USDA Reference No: - PK-5008
ADM Company
Quantity: 21,000 MT +/- 5%
Commodity: US No. 2 or better 14.0 % maximum moisture and oil content on real moisture on as is basis 18% min in bulk
Loadport: 1sb 1sp AMA, LA
Delivery Period: October 10-25, 2002
Price: $220.74 pmt FOB unstowed, untrimmed basis bulk carrier
USDA Reference No: PK 5008
ADM Company
Quantity: 21,000 MT +/- 5%
Grade: US No. 2 or better 14.0 % maximum moisture and oil content on real moisture on as is basis 18% min in bulk
Loadport: 1sb 1sp Reserve, LA
Delivery Period: October 10-25, 2002
Price: $220.74 pmt FOB unstowed, untrimmed basis bulk carrier
COMMODITY TENDER
INVITATION FOR BIDS SOYBEANS IN BULK
PAKISTAN P.L. 480 TITLE 1 PROGRAM FY 2002
Purchase Authorization No: PA: No. PK 5008
Date: September 18, 2002
IFB No: PK5008/2002/01
The Embassy of Pakistan on behalf of The Trading Corporation of Pakistan, buyer, hereby requests bids for the supply of U.S. Soybeans in bulk, subject to the terms and conditions of P.L. 480 Title I regulations and the PA No. PK5008. The total value of purchase not to exceed US $10 Million.
Bidders must comply with all the terms and conditions of this IFB.
Source: USA
Crop Year 2002.
Commodity Specifications:
a. Yellow Soybeans in Bulk
b. Grade: US No. 2 or better
c. Moisture: Maximum 14.0 %
d. Test Weight: Minimum 54.0 lbs/bu Minimum
e. Damaged Kernels: Maximum 2.0 % including: Heat Damaged: max. 0.2%
f. Foreign Material: Maximum 2.0%.
g. Split Kernels: Maximum 20.0%
h. Soybeans of other color: Maximum 2.0%
i. Oil Content on real moisture on "as is" basis: Minimum 18%
Otherwise specifications in accordance with P.A. PK5008 and the Official United States Standards for Grain. Quality Inspection to be done by sublot.
Discharge Port: Port Bin Qasim, Pakistan
Quantity: Approximately 42,000 Metric Tons. Each contract quantity to be 5 percent more or less at buyer's option and shall apply on the mean contract, whether contract executed by one or more than one vessel.
Quantity Delivery Period:
Approximately 42, 000 MT October 10-25, 2002
Offers must be for the entire delivery period. Delivery to be at buyer's call during the delivery period.
Price: Net price must be quoted per Metric Ton of 2204.6 lbs., F.O.B. vessel, unstowed, untrimmed from USA port or range of ports, or Canadian transshipment points separately for A) Bulk Carrier, B) Tanker, C) Multi-deck including liner, D) Lash barges. Offers stating a price for a quantity to be loaded on one vessel must also state a price for loading more than on vessel. Offers must not make any exception to the delivery terms and, specifically the load rate guarantee stated in this IFB. However, lots offered of 15,000 MT or more may state a separate price for awards of less than 15,000 MT.
Offers for a quantity of 15,000 MT or less shall be basis one safe berth, one safe port. For quantities offered more than 15,000 MT they shall be basis one or two safe berths, one safe port. Delivery of cargo to same vessel, same voyage will be as stated here above, regardless of the number of sales contracts.
Offers are requested to provide a complete list of prospective loading berths/elevators from where they will supply the commodity and include all restrictions that may apply to vessel to safely enter, berth, load and sail from said loading berths/elevators. This information must include restrictions on vessel's length overall, beam, draft, airdraft etc.
Buyer's agent, Panalpina Inc. Washington DC will provide seller(s) with intended vessel nomination giving vessel's name. Seller(s) shall confirm to buyer's agent the acceptance or refusal of the vessel by FAX within eight (8) hours of receiving the vessel nomination. Sellers acceptance of nominated vessel shall constitute Seller's guarantee that vessel can safely proceed to and out of Seller's loading berth(s)/port(s) with vessel's full cargo on board. Seller shall not refuse the nominated vessel provided the vessel meets with the limitations of the loading berth(s)/ port(s) declared by seller in the offer. Seller(s) failure to respond within the eight (8) hours of vessel nomination shall constitute seller's acceptance of the vessel.
Seller to declare load port within 48 hours of receiving from buyer's agent the 10 days notice of vessel estimated time of arrival at the load range. The load port must be within the coastal range stated in the offer. Seller must nominate the loading berth/elevator, in the declared load port, seven (7) calendar days prior to nominated vessel estimated date of arrival at the named port.
Buyer's agent, Panalpina Inc. Washington DC will provide sellers with a 10 days Notice of vessel's estimated time of arrival at the load range. The notice will include the intended vessel nomination giving vessel's name and 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 seller(s) 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.
Substitution of the performing vessel, if required by buyer, to be accepted by seller(s) without any requirement of a new pre-advice. This is on the basis that the substitute vessel ETA at 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.
Vessel's rotation of loading ports shall be at Buyer's option.
Load Rate Guarantee: Seller shall guarantee, notwithstanding any custom of the port and/or elevator tariffs, delivery of the commodity at an average rate of 5,000 Metric Tons or more for bulk carriers, including ITBs and 3,000 Metric Tons or more for Tankers, Tweendeckers and Multideckers (including Liners) per weather working day of 24 consecutive hours, Saturdays, Sundays and holidays excepted, even if used. No load rate guarantee is required for Lash barges, but they are 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 load rate guarantee specified above. The load rate guarantee shall apply even if vessel's arrival at load port is delayed beyond the date originally provided to Seller as vessel's ETA at load port and/or beyond the original delivery period.
In the event seller does not deliver the cargo in accordance with above load rate guarantee, seller is to be responsible for demurrage and detention charges that buyer may be liable for due to said failure of the seller. The Demurrage will be in accordance with the governing Charter Party. All laytime accounts at the load port(s) are to be settled directly between the commodity supplier(s) and the vessel owner(s). Laytime calculation, overtime and trimming to be according to Addendum No. 1- "Loading Rate Guarantee" of the North American Export Grain Association Inc. F.O.B. Contract No. 2 (revised as of May 1, 2000), clauses number 1 to 9 inclusive, hereinafter called NAEGA, regardless of the type of vessel. Further following modification to NAEGA will apply: wherever the word "Buyer" appears, the words "vessel owner" should be substituted in its place and Clause 10 of NAEGA Addendum No. 1 - Arbitration to be in New York, subject to the rules of the Society of Maritime Arbitrators, Inc. Under no circumstances shall the Buyer or USDA/CCC be responsible for resolving disputes involving calculation of laytime or payment of demurrage or despatch between the vessel owner(s) and the commodity supplier(s). Any and all disputes between the vessel owner(s) and the commodity supplier(s) arising out of the contract under this IFB relating to settlement of laytime issues shall be arbitrated in New York, subject the rules of the Society of Maritime Arbitrators, Inc. Demmurage/Despatch rate to be in accordance with the applicable Charter party between the Shipowner and Buyer.
Laytime at load port to commence at 0800 hours next working day after vessel and or vessel's agent files the Notice of Readiness to the named supplier's elevator/ berth and charterer's agents, the vessel having passed the FGIS and NCB inspections for cleanliness and readiness to load the cargo. Notice of Readiness to be filed at the loading elevator between the hours of 0900 to 1700 hrs local time Monday through Friday (holidays excepted) and between 0900 to 1200 hrs. local time on Saturday (provided it is not a holiday).
Seller will be responsible for any and all costs, including detention charges, due to seller's delivery of infested commodity on board buyer's vessel, which has been inspected and passed by USDA/FGIS licensed inspector (or equivalent in Canada) prior to commencement of loading.
In the event of delivery of any quantity not meeting the contracted commodity specifications, seller shall be responsible for payment of all costs and damages sustained by vessel owner and or buyer, including but not limited to time lost and fumigation costs, due to delivery of such commodity. Seller must compensate vessel owners and or buyer for all such costs and damages prior to ship owner's release of Bill of Lading covering the shipment concerned, except time lost, which shall be counted in accordance with the terms of the Load rate Guarantee stated in above relevant clause.
If seller changes the original loading port nomination, seller shall be responsible for payment of vessel deviation and incidental costs and resulting demurrage or detention claims, if any, occasioned by the change of the load port nomination. Further seller shall waive carrying charges, if any, resulting from the delay in loading attributed to the change of the loading port nomination.
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 of the port, deems unsafe for entry, the seller(s) are obligated to promptly provide the contracted quantity of cargo at another port in the same range at no additional cost. Seller(s) 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.
If seller(s) fail to deliver the total quantity required by buyer/nominated vessel, seller shall be responsible for any deadfreight, provided, that such required quantity is within the quantity limits of the commodity contract. Further if buyer decided to lift the remaining quantity on a second vessel, Seller shall be responsible for payment of additional freight, if any. Any shipment exceeding the total quantity purchased shall be for Seller's account.
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 the ship owner. Carrying charges (storage and insurance) 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: Carrying Charges: $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 nominated vessel or its substitute has tendered a notice of readiness to the loading elevator. However carrier shall not be responsible for carrying /interest charges if vessel tenders to load within the original delivery period. In the event delivery and/or acceptance of the commodity is prevented or delayed or the contract is cancelled by reason of causes listed below under "Strikes or Other Causes of Delay in Delivery", buyer shall not be responsible for carrying/interest charges of any kind whatsoever incurred by and/or during and/or as a result of such causes. Carrying charges will be computed as follows:
If contract is completed, carrying charges are computed based upon actual quantity delivered or
If contract is not completed or partially executed (total quantity delivered being less than the minimum, 95% of the mean quantity 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 quantity delivered.
The carrying/interest charges shall be payable immediately upon completion of loading or cancellation of contact against Seller's invoice.
In event of buyer's failure to take delivery (partial or total) within the original delivery period, seller(s) shall take the following measure(s):
If the loading vessel is nominated within original delivery period, however vessel tenders the notice of readiness to sellers or the loading elevator, after the last day of the original delivery period, the delivery period is to be extended for sufficient period for vessel to load.
If buyer fails to nominate loading vessel within original delivery period, sellers shall carry the soybeans in bulk for buyer's account beyond the original delivery period until buyer nominates a vessel and takes delivery.
If buyer is unable to take delivery within original or extended delivery period due to causes listed under "Strikes or Other Causes of delay in Delivery: Clause 20(B) of NAEGA No. 2 form, sellers shall continue to carry the soybeans until buyer takes delivery after such cause(s) are removed or , at buyer's option, sellers agree to cancel the contract without penalty to buyer in the event such cause(s) last more than 30 days.
Strikes or Other Causes of Delay in Delivery: Should delivery by seller of the soybeans or any part thereof by buyer's FOB 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 the goods to such port(s), shipment of such goods from such port(s), or by reason of action of the federal, state or local government or authority, the seller shall be entitled upon termination of such cause(s) of prevention and/or delay, and on resumption of work after termination of 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 with two (2) business days of the commencement of such 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 cause(s) then existed, buyer shall not be responsible for carrying/interest charges of any kind or character whatsoever in the event delivery is prevented as herein above set forth, and buyer agrees to promptly to accept the commodity as soon as it can reasonably do so upon termination of the cause(s) which prevented delivery and seller agrees to make such delivery when called upon to do so by the buyer.
Inspection: Weight and Quality certificates to be in accordance with governing Purchase Authorization and PL 480 Title I regulations. In addition seller to provide documents as listed under the Payment Clause. All costs for inspections and required certificates (with exception of vessel inspection certificates) are for seller's account. The buyer may appoint an independent surveyor, at buyer's expense, to also provide quality certificates independent to the FGIS inspection. Seller to permit and provide the buyer's independent surveyor access to the loading facility and take samples of the commodity at the point of loading.
In Transit Fumigation: At the final loading port, commodity supplier will arrange and pay for in-transit fumigation performed by a certified applicator in accordance with 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 ITBs) the recirculation method of fumigation 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: CCC pays by electronic transfer. When submitting documents to CCC for payment the following information is required: a) Name of Company, b) the collecting bank's ABA number' c) payee's account number, d) payee's taxpayer I.D. number and e) type of bank account used. Documents may be couriered or had delivered 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
Following documents are required by USDA/CCC for payment:
(All documents must be marked with the Purchase Authorization Number)
One Original Form CCC 329 " Supplier's Certificate " signed by the supplier covering net invoice price of the commodity.
One copy of Supplier's Invoice, detailing the quantity, description of commodity, the contract price, net total invoice price expressed in US dollars, the amount due and payable by CCC.
One copy of the Weight Certificate issued by FGIS.
One copy of Official Export Inspection certificate issued by FGIS, covering the inspection for quality at point of loading.
One original Form CCC 359 " Declaration of Sale" signed for the GSM.
One non negotiable copy of the Ocean Bill of Lading, signed and dated of cargo on-board.
One copy of Crop year certificate issued by supplier.
One copy of Phytosanitary Certificate issued by APHIS/USDA.
One copy of Certificate of Origin
One copy of "Statement of Fumigant Application Compliance" signed by the certified applicator, including certification that cargo was fumigated in accordance with FGIS regulations and instructions.
One copy of statement on official letterhead issued by the FGIS field office or state agency designated/delegated by FGIS to perform inspection services, stating that the fumigation was witnessed by official personnel of FGIS or the state agency.
One copy each of the vessel inspection certificates from NCB and FGIS showing vessel passed the said inspections.
One copy of Seller's FAX sent to Buyers indicating quantity and specification of commodity loaded on board, the vessel's name, the bill of lading date and date of vessel sailing.
Following Documents are to be couriered by seller to buyer's agent, Panalpina Inc. Project Division 1100 Connecticut Ave NW Suite 520, Washington DC 20036, within 4 days of issuance of the Bill of Lading:
One copy Form CCC 329 " Supplier's Certificate " signed by the supplier covering net invoice price of the commodity.
One Original and 3 copies of Supplier's Invoice, detailing the quantity, description of commodity, the contract price, net total invoice price expressed in US dollars, the amount due and payable by CCC.
One original 2 copies of the Weight Certificate issued by FGIS.
One original and 2 copies of Official Export Inspection certificate issued by FGIS, covering the inspection for quality at point of loading.
One copy Form CCC 359 " Declaration of Sale" signed for the GSM.
Two Originals and Six non-negotiable copies of clean Ocean Bill of Lading, signed and with on-board date marked "Freight payable as Per Charter Party".
One original and 2 copies of Crop year certificate issued by supplier.
One original and 2 copies of Phytosanitary Certificate issued by APHIS/USDA.
One original and 2 copies of Certificate of Origin
One Original and 2 copies of "Statement of Fumigant Application Compliance" signed by the certified applicator, including certification that cargo was fumigated in accordance with FGIS regulations and instructions.
One Original and 2 copies of statement on official letterhead issued by the FGIS field office or state agency designated/delegated by FGIS to perform inspection services, stating that the fumigation was witnessed by official personnel of FGIS or the state agency.
One copy each of the vessel inspection certificates from NCB and FGIS showing vessel passed the said inspections.
One copy of Seller's FAX sent to Buyers indicating quantity and specification of commodity loaded on board, the vessel's name, the bill of lading date and date of vessel sailing.
All bids 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 Pakistan, 2201 R Street NW. Washington, DC 20008, equivalent to two per cent (2%) of the F.O.B. value of the commodity offered, collectible by draft at sight accompanied by a statement from the Buyer to the effect that the bidder did not make written confirmation consistent with the term and conditions set forth in the award within one (1) working day after USDA approval of sale, or to the effect that the bidder has modified or withdrawn his bid prior to the validity time stated below. Such cashier's check or letter of credit shall be submitted with the further understanding that it shall guarantee that the bidder will not withdraw his bid within the period hereinafter set forth for the acceptance of bids. The bid bond shall be valid for ten (10) days after the bid opening date. Aforementioned bid bond will be automatically canceled in case of unsuccessful bidders within ten (10) days after the closing of the tender. For successful bidders, the bid bond shall be automatically canceled after presentation and acceptance by Buyer of the performance bond.
Performance Bond
Within two (2) working days of receipt of USDA approval of sale, Seller shall make available to the Embassy of Pakistan, 2201 R Street NW Washington, DC 20008, a guarantee of performance, in the form of an irrevocable letter of credit (L/C) issued by a first class U.S. bank in favor of the Buyer equivalent to five per cent (5%) of the value of the awarded contract. The performance L/C shall guarantee full and complete performance by the Seller of the terms and conditions of the contract. The L/C 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 so comply and (2) a report from an independent surveyor, laboratory or other competent authority corroborating such detailed statements.
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 that dollar value. The guarantee shall not be collectible where Seller's value to perform has been caused by Force Majeure. The guarantee shall be valid for a minimum of thirty (30) days after completion of the delivery period. The performance bond will be released immediately after the CCC has paid the Seller. It is expressly understood and agreed that any sums collected by Buyer under the bid bond and/or performance bond shall not preclude Buyer from pursuing such other remedies as it may have at law in equity.
Insurance
Marine Insurance on the commodity will be provided by Buyer after vessel's completion of loading as evidence by the Bill of Lading. All risks of loss and/or damage to the commodity prior to this time shall be for Seller's account notwithstanding any other terms and conditions of this IFB.
Warranty
Seller shall warrant that it is the sole and absolute owner of the commodity sold and that it has the right to convey good title there of, free and clear of all liens and encumbrances.
Assignment
Seller shall not assign the whole or any part of its contract.
Termination For Insolvency
Either party shall, at any time after sending notice, have the right to terminate the contract and to recover the loss, if any, in the event that:
a) The other party suspends payment or commits an act of bankruptcy; or
b) Reasonable grounds for insecurity having arisen with respect to the financial capacity of the other party to perform under the contract, and a written demand for adequate assurance of due performance having been made, such assurance is not received within a period of time not exceeding five (5) days.
Arbitration
Buyer and Seller shall expressly agree that any controversy or claim arising out of, in connection with or relating to the contract made pursuant to this IFB, or the interpretation performance or breach thereof, shall be settled by arbitration in the City of New York before the American Arbitration Association, or its successors, pursuant to the Grain Arbitration Rules of the American Arbitration Association, as those Rules may be in effect at the time of such arbitration proceeding, which Rules are hereby deemed incorporated herein and made a part hereof, and under the laws of the State of New York. The arbitration award shall be final and binding on both parties and judgment upon such arbitration award may be entered in the Supreme Court of the State of New York or any other court having jurisdiction thereof. Buyer and Seller shall recognize and expressly consent to the jurisdiction over each of them of the American Arbitration Association or its successors, and of all the court in the State of New York. Buyer and Seller shall agree that the contract made pursuant to this IFB shall be deemed to have been made in New York State and be deemed to be performed there, any reference herein or elsewhere to the contrary notwithstanding.
Submission of Bids and Awards:
All bids must be addressed and submitted to:
The Embassy Pakistan
C/O Panalpina, Inc., Projects Division
1100 Connecticut Ave., NW
Washington, D.C. 20036
Telefax: (202) 659-2830
All bids must be submitted by letter or fax to reach the above address not later than 15:30 Hours, Washington, D.C. time, September 24, 2002, and the bids will be opened in public at that place and time. Buyer will not consider fax offers which have not started printing by 15:30 Hours, Washington, D.C. time. Bids received after the time set forth above and bids made orally or by telephone will not be considered.All bids must remain firm until 10:00 Hours, Washington, D.C. time, September 25, 2002, and the bids accepted must remain firm until sales are concluded with USDA approval.
All bids submitted shall be deemed to contain bidders' confirmation of acceptance of all term and conditions of this IFB. Any exception to the terms and conditions of this IFB will not be acceptable.
Successful bidders will be notified by telephone not later than 10:00 Hours, Washington, D.C. time, September 25, 2002, and the acceptance of bids will be confirmed by fax within eight (8) business hours after the telephonic award. Successful bidders shall acknowledge by fax their acceptance of the award within eight (8) business hours after the award is made.
Buyer reserves the right to accept all or part of the bid quantity and the right to reject any or all bids.
All bids are requested to contain the name, telephone and fax numbers (office and home) of the contact person.
Panalpina Inc., Projects Division, Washington, DC As agents for the Embassy of Pakistan
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