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Award October 8, 2004
PERU COMMODITY TENDER DTD SEPT 9, 2004 - RESULTS
PL 480 TITLE I
IFB NO. PERU-COM-FY2004-1
USDA REFERENCE NO.: PE 5005
QUANTITY: 37,362 MT MAXIMUM / 5% LESS AT BUYER'S OPTION
GRADE: AS PER TENDER
LOADPORT: 1 SB 1SP U.S. TEXAS GULF
DELIVERY PERIOD: OCTOBER 15-31, 2004
PRICE: $160.59 PMT BASIS F.O.B. VESSEL UNSTOWED
AND UNTRIMMED AND BASIS BULK CARRIER(S)
Tender September 10, 2004
INTERNATIONAL SERVICES CORPORATION
1629 K Street, N.W., Suite 700
Washington, D.C. 20006
INVITATION FOR BIDS (WHEAT) PERU P.L. 480/FY 2004
Date of issue: September 9, 2004 IFB No. PERU-COM-FY2004-1
The Government of Peru represented by its Embassy in Washington, D.C.
requests Bids for U.S. Wheat in bulk subject to the provisions of the
P.L. 480 Title I regulations and Purchase Authorization No. PE-5005
(but not to exceed USD 6,000,000).
1. Source: United States of America
2. Commodity: Wheat in bulk, U.S. No. 2 or better Hard Red Winter,
maximum moisture 12.5%, minimum 12.0% protein on 12.0% moisture
basis, minimum test weight 78 kilograms/hectolitre, weight:
minimum 28 grams (g) per 1000 kernels, minimum falling number 300 on
sublot basis, maximum dockage 0.7 percent, vomitoxin maximum 2 ppm,
ergot maximum 0.05%, wet gluten: minimum 28%, wheat to be new crop
wheat, maximum temperature of wheat 25 deg C, insect damaged kernels:
maximum 7 per 100 grams. Wheat of ANZA variety is not acceptable.
The wheat must originate in areas of the United States where TILLETIA
INDICA (Karnal bunt) is not known to occur. Seller should be advised
that Phytosanitary Certificate must confirm this point on wheat
origination. The following regions of origin are not permitted:
Texas, New Mexico, California, and Arizona. Seller will be required
to provide Buyer with the states in the U.S. where the wheat
originated which is required for the import permit in Peru.
Specifications in accordance to the official United States grain
standards and Purchase Authorization No. PE-5005.
3. Quantity and Delivery Period:
Delivery Period Quantity Class of Wheat
October 15-31, 2004 Approximately 35,000-45,000 MT HRW
Contracts will be awarded on the basis of maximum 5% less at Buyer's
Offers must show delivery for the entirety of the delivery period
offered. Each lot is to be offered from one port, one berth.
Net price of the wheat must be quoted per metric ton F.O.B.
vessel, end of loading spout, unstowed, untrimmed from U.S.A. port(s)
or coastal range or Canadian transshipment points separately for: A)
bulk-carrier, B) multidecker (liner included), C) tanker and
D) lash/seabee barges. 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. Offers
must not take exception to delivery rate guarantee specified in
I.F.B. Price shall include cost of in-transit fumigation which is
for Seller's account. Suppliers must state port(s) or coastal range
in their offer.
5. In-Transit Fumigation:
In-Transit Fumigation with Aluminum Phosphide by a certified
applicator in accordance with USDA, FGIS Fumigation Handbook is
required on all cargoes. Fumigation must be witnessed by FGIS, USDA,
and the Aluminum Phosphide preparation must be contained in packaging
as described in Fumigation Handbook. Dust retainers must be used.
Cargo is to be fumigated by the Seller at completion of loading at
Seller's expense. The dosage shall be minimum of 3 grams of active
ingredients (aluminum phosphide and/or fosfamin) per cubic meter of
space in the holds and 72 hours of exposure during the voyage.
For bulk carriers (including push-mode Integrated Tug/Barge Units)
and tween-deckers, the recirculation method of fumigation will be
used. For tankers and barges (including non push-mode ITB), the
surface method of fumigation will be used.
6. Delivery Terms:
A. Seller to have the grain ready for shipment within the
dates specified for loading free on board, end of loading
spout, unstowed, untrimmed, at one safe berth, one safe
U.S. port or range of ports, or Canadian transshipment
B. Seller is to declare loading port five (5) days prior
to commencement of Delivery Period of contract. Said load
port must be within the load range nominated in the offer.
Seller to nominate loading elevator at least 72 hours
prior to nominated vessel's ETA at load port.
C. Buyer will give Seller a ten (10) day notice of vessel's
estimated time of arrival at load port with the name of
the intended vessel and also giving the approximate quantity
to be loaded. Buyer shall provide said notice to Seller by
telefax not later than 1600 hours Washington, D.C. time, and
same to be accepted by Seller on that same day.
If Buyer provides notice after 1600 hours Washington, D.C.
time, Seller to consider notice accepted as of 0900 hours the
following business day. If Buyer needs to substitute the
performing vessel, Seller to accept said substitution on the
basis that the substitute vessels's ETA at loading port is
the same as or later than that of the original vessel,
provided the substitute vessel's size and dimensions are
within the load berth limitations.
D. Delivery Rate Guarantee: Sellers to guarantee delivery of
the bulk wheat F.O.B. end of loading spout, unstowed,
untrimmed at the average rate as delineated below on
vessel's contracted quantity:
Vessel Contracted Quantity Delivery Guarantee
0 - 9,999.99 MT 4,000 MT per day
10,000 - 19,999.99 MT 5,000 MT per day
20,000 - 29,999.99 MT 6,000 MT per day
30,000 - 39,999.99 MT 7,500 MT per day
40,000 - 49,999.99 MT 10,000 MT per day
50,000 MT and above 12,000 MT per day
Vessel Contracted Quantity Delivery Guarantee
0 - 9,999.99 mt 4,000 mt per day
10,000 - 19,999.99 mt 5,000 mt per day
20,000 - 29,999.99 mt 6,000 mt per day
30,000 mt and above 7,500 mt per day
Tween-deckers: the delivery guarantee shall be 3,000 MT
per day. Lash/Seabee Barges: the delivery guarantee shall
The rates are basis tons of 2,204.6 pounds per weather
working day of 24 consecutive hours, Sundays and holidays
excepted, even if used. Saturdays per BFC Saturday Clause.
Offers must not make exceptions to delivery rate guarantee
specified in IFB.
Laytime accounts are to be settled directly between owners
and commodity supplier(s) at load port(s). Laytime
calculation, overtime and trimming to be in accordance to
Addendum No. 1 of the North American Export Grain
Association, Inc. F.O.B. Contract No. 2 (revised as of August
1, 1988) clauses nos. 1-10 inclusive, (hereinafter
"N.A.E.G.A.") regardless of type of vessel. Further, the
following modifications to N.A.E.G.A. will apply: anywhere
the word "Buyer" appears, the words "Vessel Owner" should be
substituted in its place. Under no circumstances shall Buyer
or USDA/CCC be responsible for resolving disputes involving
the calculation of laytime or the payment of demurrage or
despatch between the vessel owners and the commodity
supplier(s). Any/all disputes between vessel owners and the
commodity supplier(s) arising out of this contract relating
to the settlement of laytime issues shall be arbitrated in
New York subject to the rules of the Society of Maritime
E. Seller will be responsible for any and all costs, including
detention charges by Buyer's vessel incurred, due to Seller's
delivery of infested grain on board Buyer's vessel, which has
been inspected and passed by a U.S.D.A. licensed inspector
(or equivalent licensed inspector in Canada) prior to the
commencement of loading.
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
Owners and/or Buyers, including but not limited to time lost
and fumigation costs, due to delivery of such off-grade
G. 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
7. 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. Carrying charges and interest charges will be levied in
accordance to NAEGA No. 2 (Revised August 1, 1988) Clause 19 and will
be at the following rates: 1/5th U.S. cent per bushel per day and
interest charges of 1.5 percent over First Class New York bank prime
rate in effect on date of purchase. Carrying/Interest and all
aforementioned charges will cease to accrue once nominated vessel or
its substitute has tendered the Notice of Readiness to the loading
Weight and grade Certificates to be in accordance to the Purchase
Authorization No. PE-5005 and P.L. 480 Title I Regulations. Said
certificates will be evidence of grade and weight. Inspection under
supervision of Federal Grain Inspection Service (FGIS). Copy of FGIS
Inspection Log is required to be provided to Buyer by Seller.
A. Quality of wheat shall strictly conform to the specifications
of the Official U.S. Standards for Wheat.
B. Grade, Moisture, and Weight shall be in accordance with the
provisions of the Purchase Authorization No. PE-5005 and the
P.L. 480 Title I Regulations. Certificates for inspection
for quality and weight shall be evidence of such quality and
weight. In addition, Certificate of Origin and Phytosanitary
Certificate are to be provided to the Buyer.
C. Protein: Form FGIS-909, "Official Export Grain Inspection
Certificate", issued on the basis of sample taken at point of
loading to vessel and which shows the protein content of the
wheat meeting specified contract minimum percentage is
required to be provided to Buyer at Seller's expense.
Independent laboratory certificate is not permitted, only
D. Seller to provide a Certificate of Falling Number which
shows a minimum falling number on sublot basis
as per contract. The Certificate of Falling Number is to
be issued by FGIS at Seller's expense.
E. Seller to provide at Seller's expense a Certificate of Wet
Gluten Content from a private laboratory acceptable to Buyer
(see acceptable list below) which shows a wet gluten content
of the wheat of minimum 28% as per contract terms. Private
laboratories acceptable to Buyer are: Intertek Testing
Services Caleb Brett, SGS Control Services, Inc., and
Thionville Laboratories, Inc.
F. Seller to provide at Seller's expense a Certificate issued by
a private laboratory acceptable to Buyer (see acceptable list
below) showing weight of the wheat to be minimum 28 grams (g)
per 1000 kernels based on a composite sample taken at
point of loading to vessel. Private laboratories acceptable
to Buyer are: Intertek Testing Services Caleb Brett, SGS
Control Services, Inc., and Thionville Laboratories, Inc.
G. Seller to provide at Seller's expense a Certificate issued
by a private laboratory acceptable to Buyer (see acceptable
list below) showing temperature of wheat at time of loading
to be maximum 25 degrees C based on a composite sample taken
at point of loading to vessel. Private laboratories
acceptable to Buyer are: Intertek Testing Services Caleb
Brett, SGS Control Services, Inc., and Thionville
H. Seller to provide at Seller's expense a Certificate issued
by a private laboratory acceptable to Buyer (see acceptable
list below) showing Insect Damaged Kernels to be maximum 7
per 100 grams based on a composite sample taken at point of
loading to vessel. Private laboratories acceptable to Buyer
are: Intertek Testing Services Caleb Brett, SGS Control
Services, Inc., and Thionville Laboratories, Inc.
I. Seller to provide at Seller's expense a Certificate
certifying wheat supplied under this contract is new
J. All costs for inspection are for the account of Seller.
K. Seller is to provide to Buyer a sample of the cargo sealed by
FGIS (Composite Sample) which shall be representative of the
total cargo and shall be similar to the FGIS sample. This
sample shall be of a minimum of 5.0 kg and is to be sent to
the Buyer by courier at Seller's expense at the time of
9. Destination: Peruvian Port(s).
10. Arbitration will be in accordance to NAEGA No. 2 revised August
1, 1988, Clause 28.
11. 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 International Services Corp. as agent for
the Government of Peru, Buyer, 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
fifteen (15) days from the Bid's opening date. For the unsuccessful
Bidders the above mentioned Bid Bond will be automatically cancelled
within five (5) days after the award. Bid Bonds of successful
Bidders will be automatically cancelled after submission of the
required Performance Bond. Failure to post Performance Bonds in time
may cause forfeiture of the Bid Bonds.
12. 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 Bank in favor of Embassy of Peru c/o International
Services Corp., equivalent to five (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 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
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 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 the Seller has
13. Special Provisions Concerning Delay in Delivery:
Should delivery by Seller of the grain or any part thereof, or
acceptance of the grain 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(s) of delivery or elsewhere,
preventing the forwarding of goods to such port or ports, the
shipment of such goods from such port or ports 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, 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
grain 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.
14. Duties, Taxes, Levies, etc.:
All export duties, taxes, levies, etc., present or future, in
country of origin, or of the territory where the port or ports of
shipment named herein is/are situate, shall be for Seller's account.
In case of prohibition of export, blockade or hostilities or in
case of any executive or legislative act done by or on behalf of the
government of the country of origin or of the territory where the
port or ports of shipment named herein is/are situate, restricting
export, whether partially or otherwise, any such restriction shall be
deemed by both parties to apply to this contract and to the extent of
such total or partial restriction to prevent fulfillment whether by
shipment or by any other means whatsoever and to that extent this
contract or any unfulfilled portion thereof shall be cancelled.
Sellers shall advise Buyers without delay with the reasons therefor
and, if required, Sellers must produce proof to justify the
All Notices required to be served on the parties pursuant to this
contract shall be communicated rapidly in legible form. Methods of
rapid communication for the purposes of this clause are defined and
mutually recognised as: either telex, or letter if delivered by hand
on the date of writing, or telefax, or E-mail, or other electronic
means, always subject to the proviso that if receipt of any notice is
contested by the addressee, the burden of proof of transmission shall
be on the sender who shall, in the case of a dispute, establish, to
the satisfaction of the arbitrator(s) pursuant to the Arbitration
Clause, that the notice was actually transmitted. Any notice
received after 1600 hours on a business day shall be deemed to have
been received on the business day following. In case of resales all
notices shall be passed on without delay by Buyers to their
respective Sellers or vice versa. A notice to the Brokers or Agent
shall be deemed a notice under this contract.
17. Non-Business Days:
Saturdays, Sundays and the officially recognised and/or legal
holidays of the respective countries shall be non-business days.
Should the time limit for doing any act or giving any notice expire
on a non-business day, the time so limited shall be extended until
the first business day thereafter. The period of delivery shall not
be affected by this clause.
18. Notice of Shipment:
Seller shall provide to the Buyer and its agent, International
Services Corp., Wash., D.C., a written Notice of Shipment within
four (4) calendar days from completion of loading of Buyer's vessel
which Notice of Shipment shall include vessel's name, port of
shipment, date of the bill of lading, and quantity loaded in
pounds and metric tons. The non-business day clause shall not apply
to this Notice of Shipment.
Terms and conditions of this IFB, the PL-480 Regulations and
Purchase Authorization No. PE-5005 will be fully incorporated by
reference in the contract. Said contract must be signed by Seller
within five (5) working days of the official award. The contract
form will be Seller's Sales Contract form on Sellers' letterhead.
Payment for the grain will be effected in accordance with P.L.
480 Regulations and Purchase Authorization No. PE-5005.
To receive payment from CCC, under Section 17.9 of the Title I
Regulations, the Supplier must submit the following documents to CCC:
Documents required for direct payment by CCC:
1. Signed original of Form CCC-329 "Suppliers Certificate" from
the commodity supplier covering the net invoice price for the
2. One (1) 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.
3. One (1) copy of the Weight certificate issued by or on
authority of a State or other governmental weighing
department, Chamber of Commerce Board of Trade, Grain
Exchange, or other independent organization or firm providing
public weighing services.
4. One (1) copy of FAS-359, "Declaration of Sale", signed for the
General Sales Manager.
5. One (1) copy of the ocean Bill of lading marked "on-board".
6. Grade: One (1) copy of Form FGIS-909 "Official Export Grain
Inspection Certificate, covering inspection for grade at the
point of loading to the vessel.
7. Protein: One (1) copy of Form FGIS-909 "Official Export Grain
Inspection Certificate" which shows protein content of the
8. One (1) copy of Phytosanitary Certificate.
9. One (1) copy of Certificate of Origin.
10. One (1) copy of FGIS Inspection Log.
11. One (1) copy of "Statement of Fumigant Application
Compliance" signed by the certified applicator including
certification that cargo was fumigated in accordance with FGIS
regulations and instruction. Additionally, one (1) copy of a
statement on official letterhead issued by the FGIS field
office or the 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.
12. One (1) copy of Certificate of Falling Number.
13. One (1) copy of Certificate of Wet Gluten Content.
14. One (1) copy of Certificate of Weight (per 1000 kernels).
15. One (1) copy of New Crop Certificate.
16. One (1) copy of Certificate of Wheat Temperature.
17. One (1) copy of Insect Damaged Kernels Certificate.
18. One (1) copy of a signed statement from supplier to the effect
that all documents stipulated by Buyer in clause 16 of this
IFB have been forwarded to Buyer in accordance with that
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
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
Attn: Foreign Exports Accounting Section
1400 Independence Avenue, SW
Washington, D.C. 20250-0581
21. Documentation required by Buyer:
Sellers to send at their expenses original documentation as
listed below directly to the Consignee, UNIDAD ESPECIAL PL480
del Ministerio de Economia y Finanzas, Jiron Lampa No. 277, Officina
No. 808, Lima 1, Peru, Attn: Lic. David Lescano Arredondo, via
courier within four (4) business days after completion of loading.
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.
The original documents required to be couriered to the Consignee
in Peru are :
(1) Full set (3/3) of original on-board Bill(s) of Lading
(2) Original and three copies of Phytosanitary Certificate
(3) Original Certificate of Origin
(4) Original and three copies of Seller's Commercial
(5) Original official Weight Certificate
(6) Original official Export Grain Inspection Certificate
(with protein content shown)
(7) Copy of FGIS Inspection Log
(8) Original and one (1) copy of a "Statement of Fumigant
Application Compliance" signed by the certified
applicator including certification that cargo was
fumigated in accordance with FGIS regulations and
instruction. Additionally original and one (1)
copy of a statement on official letterhead issued by
the FGIS field office or the 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.
(9) Original Certificate of Falling Number.
(10) Original Certificate of Wet Gluten Content.
(11) Original Certificate of Weight (per 1000 kernels).
(12) Original New Crop Certificate
(13) Original Certificate of Wheat Temperature
(14) Original Insect Damaged Kernels Certificate
22. Submission of Bids:
All bids shall be submitted by a sealed letter, or telefax and
addressed to Embassy of Peru c/o International Services Corp.,
1629 K Street, N.W., Suite 700, Washington, D.C. FAX (202) 296-1160.
Offers to be submitted not later than 1530 hours Wash., D.C. time
September 16, 2004, and to be valid until 1000 hours Wash., D.C. time
September 17, 2004. If a telefax offer begins to print by 1530
hours, Washington, D.C. time and continues to print past that time
until completion buyers will consider the offer as if it had
completed by 1530 hours; however Buyers will not consider any telefax
offer which begins printing after 1530 hours Washington, D.C. time.
The Government of Peru reserves the right to accept part of any bid
and reject any and all bids.
Bids will be opened in public at the offices of International
Services Corp., at 1530 hours Wash., D.C. time September 16, 2004.
Bidders wishing to attend are welcome to do so. Any bids received
after stipulated time will not be considered.
For further information, contact International Services Corp.,
Washington, D.C. (202) 785-3400, FAX (202) 296-1160,
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