Tuesday, 30 August 2011

USDA Farm Service Agency Bulk Grain Solicitation KCPG6-393, Amendment #1

HDR1010500000230829111430KCCO EXPORT BULK SORGHUM SOLICITATION KCPG6-393, AS AMENDED

THIS AMENDMENT CORRECTS THE COUNTRY, AGENCY AND METRIC TONS ON OFFER 1 AND ADDS A SAMPLE
REQUIREMENT LISTED IN SECTION 17

SUBMISSION OF BIDS TO BE IN ACCORDANCE WITH SECTION 14

1. Solicitation Number: KCPG6-393. Amendment No. 1

2. Solicitation Amendment Issue Date: August 30, 2011

3. Issued By:
International Procurement Division
USDA - Farm Service Agency
Beacon Facility - Mail Stop 8738
P.O. Box 419205
Kansas City, MO 64141-6205

4. Solicitation Type: Sealed Bids (IFB)

5. Offer Due Date/Local Time: September 1, 2011, 2:00 p.m., CST

6. Award Notification Date: September 2, 2011, 9:15 a.m., CST

7. Public Release of Award Date: September 2, 2011, 4:00 p.m., CST

8. Solicitation Information Contact:
Name: Janet Cleveland
Telephone Number: 816-926-2540
Email: janet.cleveland@kcc.usda.gov

9. Internet Address: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas

10. This Acquisition is:
/x/ Unrestricted
/ / Set Aside (Quantity)
/ / Small Business
/ / 8(a) (Quantity)

HUBZONE PRICE EVALUATION PREFERENCE
The Government will award contracts to eligible HUBZone bidders as provided in Part
2, Section A.4 of the Master Solicitation for Commodity Procurements at:
http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas-ex-cr. If the bidder
elects to waive the preference, it shall so indicate in its bid.

11. NAICS Codes/Size Standards: See Master Solicitation for Commodity Procurements
at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas-ex-cr

12. Delivery Type:
/x/ F.o.b. vessel
/ / F.a.s vessel

13. Submit Invoices to:
Contractor to use invoicing function in WBSCM

14. Submission of offers:
Bids shall be submitted by regular mail, express mail, facsimile, or hand
delivered. Bids shall be addressed to the contracting officer indicated below,
Attn: International Procurement Division Bid Box. Facsimile Numbers are 816-926-6795.
Facsimile bids shall be addressed to contracting officer, Kansas City Commodity Office,
Attn: International Procurement Division Bid Box. For assistance contact KC Administrative
Office Communications Center at 816-823-1012.

Offer form KC-331 is available at:
http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas

15. Schedule of Supplies.
The commodities procured under this solicitation are for the following programs(s):
/x/ P.L. 480 Title II (Procured by FSA on behalf of CCC)
/ / P.L. 480 Title III (Procured by FSA on behalf of CCC)
/ / Food For Progress (Procured by FSA on behalf of CCC)
/ / McGovern-Dole Food For Education
/ / Section 416(b) (Procured by FSA on behalf of CCC)
/ / Bill Emerson Humanitarian Trust (Procured by FSA on behalf of CCC)

Bids may be submitted for quantities less than those specified. The quantity
awarded at the time of vessel nomination may be 5 percent more or less at the
Government's option at contract price.

Offer 1: Up to 19,720 metric tons (776,334 bushels [Government's option to
contract up to 15 percent more]) of U.S. No. 2 O/B Sorghum, maximum 13.5
moisture, dockage not to exceed 1.0 percent. THE GOVERNMENT WILL
FURNISH THE CONTRACTOR AT LEAST FIVE (5) DAYS ADVANCE NOTICE OF
VESSEL READINESS.

Country Agency Metric Ton

Chad WFP 11,000
Rep.of So. Sudan WFP 8,720

Offer 2: Up to 28,550 metric tons (1,123,952 bushels [Government's option to
contract up to 15 percent more]) of U.S. No. 2 O/B Sorghum, maximum 13.5
moisture, dockage not to exceed 1.0 percent.

Country Agency Metric Tons

Kenya WFP 4,650
Kenya WFP 830
Durban prepo USAID 6,000
Mombasa prepo USAID 4,000
Rep. of So. Sudan WFP 13,070

16. Shipment/Delivery Schedule:
DELIVERY PERIOD:
Offer 1 - September 5 � October 6, 2011
Offer 2 � September 16 � 30, 2011

17. Other Requirements:
Crop year certificate is required.

Contractor shall provide a product sample of approx. two pounds to a representative
of the recipient for purposes of separate testing. Any test results from this
independent testing will not affect the payment terms under this contract.

Sorghum shall be tested for aflatoxin. Testing is to be performed by the Field
Management Division, FGIS, by sublot. Shipments exceeding a level of 20 ppb or
more by sublot shall be rejected to the contractor. FGIS aflatoxin certificate
required to be furnished with invoice.

Statement certifying commodity conforms to the provisions of the Federal Food,
Drug, and Cosmetic Act is required to be furnished with invoice.

Vessels shall be fumigated with an aluminum phosphide preparation in-transit.
Contractor shall arrange and pay for in-transit fumigation performed by a
certified applicator in accordance with the USDA, FGIS Fumigation Handbook
(http://www.gipsa.usda.gov/GIPSA/webapp?area=home&subject=lr&topic=hb-fu).
Fumigation shall be witnessed by FGIS, USDA, and the aluminum phosphide
preparation shall be contained in packaging as described in the Fumigation
Handbook. Dust retainers shall be used. For bulk carriers (including push mode
integrated tug barges), the recirculation method of fumigation shall be used.

When the recirculation method is required, the contractor at the first port of
loading shall be responsible for arranging fumigation for the entire vessel.
When the surface method is required, the contractor at the last port of loading
shall be responsible for arranging fumigation for the entire vessel.

Separate commodity and fumigation bids should be provided on the bid form.

Demurrage and despatch shall be provided for as defined in the Charter Party.
Demurrage, when applicable, shall be paid directly to the vessel owner by the
contractor. Despatch, when applicable, shall be paid directly to the contractor
by the vessel owner. Laytime issues are to be settled directly between the vessel
owner and the contractor. Laytime calculations, overtime, and trimmings are to be
resolved in accordance with Addendum No. 1 of the North American Export Grain
Association, Inc., (NAEGA), FOB Contract No. 2 (Revised as of May 1, 2000), Clause
No. 1-10 inclusive. Further, the following modification to NAEGA, Addendum No. 1,
shall apply:

In NAEGA, Addendum No. 1, anywhere the word "buyer" appears, the words "vessel owner"
should be substituted in its place.

Under no circumstances shall the Government be responsible for the calculation of
laytime or the payment of demurrage or despatch between the vessel owner and the
contractor.

Any/all disputes between the vessel owner and the contractor arising out of this
contract relating to the settlement of laytime and/or the payment of demurrage/despatch
shall be arbitrated in New York subject to the rules of the Society of Maritime
Arbitrators, Inc.

The following loading rate guarantee shall apply to all U.S. Government sponsored Food
Aid and shall be based on the vessel contracted quantity, which is the total quantity
contracted by the vessel charterer(s) to load onboard the vessel nominated by the
Government to the contractor. The vessel contracted quantity may include separately
contracted quantities that will be loaded by other contractors, and thus may be
subject to a higher load rate guarantee. Notwithstanding any custom of the port to
the contrary, Saturday shall not count as laytime at loading port or ports where
stevedoring labor and/or grain handling facilities are unavailable on Saturday or
available only at overtime and/or premium rates. In ports where only part of Saturday
is affected by such conditions, as described above, laytime shall count until the
expiration of the last straight time period. Where six or more hours of work are
performed at normal rates, Saturday shall count as a full lay day.

BULK CARRIERS:

VESSEL CONTRACTED QUANTITY LOADING RATE 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

TANKERS:

VESSEL CONTRACTED QUANTITY LOADING RATE 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 load guarantee shall be 3,000 MT per day.
LASH/SEABEE BARGES: The load guarantee shall not apply

The loading of ocean going barges shall be paid at the same rate as bulk carrier.
No wharfage or loadout charges shall be paid by the Government.

The grade, class, subclass, all individual quality factors, protein content
(if applicable), and quantity of the commodity delivered shall be established by
official FGIS analysis at the time of loading to the vessel and officially
certified by the FGIS on clear white grade certificates and weight certificates.
The definitions, grades, and grading factors will be those contained in the
Official United States Standards for Grains/Milled Rice issued by FGIS and in
effect at the time of purchase by the Government. The standards are available at:
http://www.gipsa.usda.gov/GIPSA/webapp?area=home&subject=grpi&topic=sq-ous

18. FAR and Agriculture Acquisition Regulation (AGAR) Provisions and Clauses:
A. This solicitation shall be subject to the terms and conditions of KCCO's
Master Solicitation for Commodity Procurements (MSCP) in effect as of the date
of this solicitation and can be found at: http://www.fsa.usda.gov/daco/FAR/FAR.htm.
The FAR and AGAR provisions and clauses applicable to this solicitation are
contained in the MSCP.

B. The alteration to FAR provision 52.214-22, Evaluation of Bids for Multiple
Awards, found in FAR provision 52.252-3 in the MSCP is deleted for this
solicitation. FAR provision 52.214-22 is incorporated into the contract without
alteration.

C. / / Applicable if checked. FAR Clause 52.232-18, Availability of Funds
(Apr 1984). Funds are not presently available for this contract. The Government's
obligation under this contract is contingent upon the availability of appropriated
funds from which payment for contract purposes can be made. No legal liability on
the part of the Government for any payment may arise until funds are made available
to the contracting officer for this contract and until the contractor receives
notice of such availability, to be confirmed in writing by the contracting officer.




/s/ Todd Shuck
Contracting Officer, USDA

Click here to view the details of the Solicitation KCPG6-393, Amendment #1.

The Web Based Supply Chain Management (WBSCM) system's Public Procurement Page contains all FSA Commodity Solicitations and associated attachments.

The WBSCM system can be accessed at http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=wbs.

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