Excerpts from Form SCP-1361 follow: 1. PRICES: The price to be paid to us for fish delivered to FSCC hereunder shall be as set forth in SCB 64 and: appropriate following rate: 24/300 $0.03 per case 48/1 ovals $0.096 per case 48/300 $0.06 per case (2) For Type Al, 13c or V3s cases: 48/1# ovals per case per case per case (b) Sales to FSCC shall be on the f.0.6. basis provided by Office of Price Administration in Maximum Price Regulations as follows: (1) Canned Sea Herring shall be priced as provided in MPR 396, dated May 24, 1943, and amendments there to. Delivery will be accepted by FSCC f.0.b. cars at seller's usual rail shipping point or in warehouse as provided in Form SCB 64. and amendments there to. Delivery will be accepted by FSCC f.9.b. cars at seller's land, Maine, to such destination. contract, change the f.0.b. basis for Canned Maine Sardines, paragraph (2) above will be amended to provide for such change, 2. DELI VERY: The seller shall, witnin ninety (90) days af ter packing a sufficient quantity of fish to yield at least minimum carload, and after such fish has been inspected by the Office of Distribution, tender such lot for delivery to the FSCC on Form SCP 1861-A, "Notice of Tender of Delivery." It is understood that the FSCC will issue or cause to be issued shipping instructions for delivery within ten (10) days after receipt of tender of delivery and that seller shall deliver such fish in accordance with such shipping instructions, f.o.b, cars, at the saipping point or points indicated in the tender of delivery or as otherwise provided in Form SCB 64. 3. SPECIFICATIONS: The fish delivered hereunder shall meet the following specifications: (a) Sea Herring: Fish shall be reasonably firm, of good appearance and well cleaned. Cans shall be packed as full as practicable. In round cans, the length of the fish shall be packed parallel to the side of the can, but the can may contain not more toan two pieces of the tail cut of the fish. In oval and other flat type cans, the length of the fish shall be packed parallel to the bottom of the can, The average net content of the No. 300 (300x407) can or the No. I oval can shall be not less than 15 ounces, with the average drained weight of the official inspection sample not less tnan 12 ounces and shall contain not more than nine (9) fish. If other sizes of cans are used, the net content and drained weight shall be in the same proportion as the relative size of the can. The fish may be packed natural or with added oils, tomato sauce, or other sauces as may be specified by FSCC. The No. 300 (300x407) size cans shall have not less than four inches of vacuum and the No. oval cans shall have not less than two inches of vacuum. Definitions: For the purpose of the above specifications, definitions are: which may contain up to 2% vinegar, but may have added oil of the same species of fish. (2) The term "Net Content" means the total weight of the fish and liquid in the can. (3) The term "Drained Weight" means the weight of the fish after they have been emptied from the can following sterilization and af ter being allowed to drain for two min- the inch (0.097 inch per perforation). shall be practically free from scales (i..., scales shall not cover more than five (5). The term "official Inspection Sample" means the cans drawn for inspection by the designated sampler of the Office of Distribution, (b) Sardines: Fish shall be of good quality and shall be prepared and canned under strictly sanitary conditions in accordance with sound commercial practices. Fish shall be cleaned All fish delivered hereunder shall conform in every applicable respect to the requirements of the Federal Food, Drug, and Cosmetic Act as amended and of regulations pursuant there to in effect on the date of this contract, 4. PACKAGI NG AND MARKING: Tish shall be packed in inside enameled cans. In the event round or oval cans are manufactured from other than 1,25 hot dipped plate, the outside of such cans shall also be enameled, Cans shall be sound and clean, free from rust and serious dents and shall be labeled with seller's regular commercial labels or shall be lithographed. Cans containing more than 10 ounces net weight shall be shown to be Sea Herring. Cases shall be Type Al, 13c or 13s as described in "Export Packaging Specifications," Forms FSC 1742B, 1742C or 1742D. Each case shall be marked to show the name of seller, commodity, contract mumber, net weight of cans and number of cans per case and a legend which may be prescribed by FSCC. CANNED ALASKA SALMON OFFERS REQUESTED BY WFA In Announcement FSC-1873 the Office of Distribution, War Food Administration, as the designated agency to purchase all Government requirements of canned Alaska salmon, gave notice March 16 that it will now receive offers for the sale of such canned fish required to be set aside in 1944 pursuant to Food Distribution Order No. 44. Purchases will be made by negotiated contracts executed in the name of the Commodity Credit Corporation. The contract terms and conditions are set forth in three separate documents this year: Form FDA-474, Standard Contract Conditions, contains conditions which apply to purchases of all commodities; Form SCB-64A, Canned Fish-General Contract Conditions, contains additional terms applying to purchases of all species of canned fish; and Form SCP-1873, Canned Alaska Salmon--offer of Sale, which details the conditions, applying specifically to that type of fish. The Notice of Tender of Delivery, Form SCP-1873A, is a revision of the old Form SCP-1483A, but it will be used for the same purpose and in the same manner as the old form. Canners who expect to operate during 1944 are requested to submit their proposals on the offer of sale form as soon as practicable. Offers may be submitted prior to August 15, 1944, but attention is called to the fact that the indemnity feature of the contract will not become applicable unless the contracts are signed prior to May 1, 1944. A separate contract shall be executed to cover each canning plant from which canned Alaska salmon will be delivered to the Commodity Credit Corporation. One contract number will be assigned each operating plant. Excerpts from offer of Sale Form SCP-1873 follow: : 1. PRI CES: The price to be paid for fish delivered to CCC hereunder shall be as set forth in SCB 64 A and: (b) If CCC directs that delivery be made in unlabeled cans, deductions shall be made from the applicable price at the appropriate following rate: 484 Flat $0.08 per case 124# 0.04 per case (c) If ccc directs that its own labels be used, it shall supply such labels and deductions shall be made from the applicable price at the appropriate following rate: 48/1 Tall $0.07 per case 48. Flat $0.05 per case 48/1 Flat 0.06 per case 12/4# 0.02 per case 2. DELIVERY: The seller shall within one hundred and twenty (120) days af ter arrival of its fish in the continental United States and af ter such fish has been inspected by the Office of Distribution of the War Food Administration, tender such fish for delivery to CCC on Form SCP-1873-A "Notice of Tender of Delivery". (1) CCC shall within thirty (30) days af ter receipt of each such Notice of Tender of Delivery, issue or cause to be issued a Notice to Deliver providing for delivery within ten (10) days after receipt by the seller of such Notice to Deliver, (2) In the event that CCC accepts delivery in unlabeled cans, the seller shall: (a) At the time of labeling, replace throw-outs due to dents, defective seams, or any other defects, wi tio fish of the same species and grade at its expense and such throw-outs shall become the property of the seller; or at its option any other defects. Provided that seller's responsibility under this section 3. SPECIFICATIONS: Fish delivered hereunder shall meet the requirements of "Federal Specifications for Canned Salmon, " PP-S-31a (7/29/42), Sections to F, inclusive, provided that except for Reds and Chinooks, Section E-l of such specifications shall be revised for the purpose of this contract to delete the words "shall be reasonably free from watermark ing and insert in lieu thereof, the words "Watermarking shall be scored only when texture, color of flesh, amount of oil, odor, and flavor have been affected." All fish delivered hereunder shall conform in every applicable respect to the requirements of the Federal Food, Drug and Cosmetic Act, as amended, and of regulations pursuant there to. 4. PACKAGING AND MARKING: (1) Cans: (a) If cans are manufactured from tinplate lighter than 1.25 hot dipped plate, all parts of such cans manufactured from such plate shall be inside and outside enameled. At the time of delivery, cans shall be sound and clean, free from rust and serious dents, indelible ink. Embossing may be on either end of can, Ink marking may be (2) Cans shall be labeled as directed by CCC (3) Cases: Cases used shall be as directed by CCC and shall meet Specifications FSC-1742-D or Army Specifications 0.Q.M.G. No. 93 dated December 2, 1942, for vi, 12, 13, Wood, 90 or 100 point solid fiber cases. (4) Strapping: Each case shall be strapped as directed by CCC. : (5) Marking: Each case shall be marked as directed by CCC. 5. INDEMNIFICATION: Possible military action caused by the enemy or action by military or Govern ment forces made on behalf of the war effort in the region of Alaskan Salmon Canning operations makes seller's risks of such nature that such operations cannot be presumed to be warranted; and without assurance that indemnification will be provided by CCC to reimburse seller for possible loss of out-of-pocket costs arising from such causes, it will not be possible for seller to utilize facilities to the fullest extent possible to obtain the salmon pack to meet essential needs. In consideration of seller making the maximum effort consistent with the Department of the Interior Order 1925 issued March 1, 1944 (Concentration Program), to produce the greatest possible production of fish at the plant named below, CCC agrees as follows: (1) If seller should be prevented or hindered to any extent in packing fish during the 1944 season in the plant located at by reason of acts of the public enemy or by acts of the United States Government (including military) made on behalf of the war effort, CCC will reimburse seller as follows: (a) In the event of failure to secure any pack, the measure of reimbursement shall be 85% of seller's actual total out-of-pocket costs. (b) In the event of a partial pack, then the measure of reimbursement shall be 85% of that proportion of the out-of-pocket costs as the amount short bears to the total anticipated pack. develop that seller has not secured or otherwise provided for labor, equip- (a) and (b) above shall be based upon such reasonably anticipated pack, or otherwise for sufficient labor, equipment, and supplies of all kinds for an estimated pack at the within described plant named above of cases of fish of 48/1# cans two cases of # flats to be considered as one case) during the 1944 salmon packing season, (3) In no event shall the total reimbursement of said actual out-of-pocket costs exceed $ (This figure inserted is 85% of the estimated to tal out-of-pocket cost.) (4) For the purpose of determining such out-of-pocket costs, ccc shall have the right to ex amine seller's books, records, papers, and correspondence and such books, records, papers, and correspondence shall be made available to CCC at City and State) (5) Seller's claim for indemnification shall be supported by a certificate signed by a majority of a committee to be set up as hereinaf ter provided. The committee shall de termine, and its findings and determinations shall be final and conclusive upon the parties here to: (a) Whether seller was prevented or hindered in packing fish during the year 1944 by reason of the acts of the public enemy or acts of the United States Govern ment (including the military) made on behalf of the wer effort; and (b) The reasonably anticipated pack had seller not been so prevented or hindered. Such committee shall be set up at seller's request as soon as possible after the close of the plant's season and shall be composed of one member named by seller to be selected from other firms or individuals of the salmon industry that have done or are doing business with the CCC, one member to be named by the Director of Food Distribution and one member to be selected by the two named members. Such committee shall meet in such place designated by it, subject to the approval of the Director of Food Distribution. Seller shall be liable for that portion of the expense of such committee incurred by the member designated by it and that portion of such expense incurred by the member selected by the two named members if such third member is not an employee of the United States Government or any of its agencies. This committee, for the purpose of de termining what would have been seller's reasonably anticipated pack had it not been prevented or hindered in packing salmon during the 1944 season, shall take into consideration, among other things, seller's plant and facilities for this and preceding years, and statistics of the Fish and Wildlife Service of the Department of the Interior for this and preceding years and expenditures in preparation for the 1944 salmon pack, (6) In the event seller feels it has sustained a loss as provided in this Section, it shall no tify CCC not later than November 30, 1944. Failure to notify CCC within the time set shall be considered a waiver of any claim for which indemnity might be asserted under this Section, (7) For the purpose of this agreement, the term "out-of-pocket costs" shall include those items that are expendable, such as, but not restricted to, transportation to and from the fishing area, fuel consumed, labor, operating materials, construction and repairs of traps and fishing equipment, etc., but only such portion thereof which as of the date of this contract are non-insurable and non-recoverable, Out-of-pocket costs shall not include such items as cans, cases, labels, machinery, vessels, etc., or any tangible items or operations insurable under the Merchant Marine Act of 1936, as amended, the War Damage Corporation Act, or through commercial insurance by American companies obtainable through customary insurance channels. A letter from an accredited insurance agent or broker indicating that such coverage cannot be secured shall be considered to be good and conclusive evidence of seller's inability to secure such insurance, WFA ISSUES GENERAL CONTRACT CONDITIONS FOR CANNED FISH PURCHASES To expedite in the advertisement and purchase of canned fish by the FSCC, that agency has compiled General Contract Conditions applicable to its purchases. Excerpts from Form SCB-64 follow: CANNED FISH - GENERAL CONTRACT CONDITIONS 1. QUANTITY: The seller, a canner of fish under the provisions of Food Distribution Order 44, agrees to deliver to the Federal Surplus Cominodities Corporation, (hereinafter referred to as FSCC) the quantity established as the seller's quota of fish to be delivered to governmental agencies under the provisions of Food Distribution Order 44 effective March 1, 1944, and any amendments there to. respective of any reductions in the quota to be delivered by the seller under FDO 44, the FSCC, at the seller's option, agrees to purchase at least 30 percent of the seller's pack (or suen lesser percentage as seller may tender), of each class of fish designated in FDO 44 as amended by Amendment No. 2, March 1, 1944, packed between March 1, 1944, and February 28, 1945. 2. PRICES: The price to be paid to seller for fish delivered to FSCC hereunder shall be as follows: (a) The ceiling price for the appropriate species, can size, pack and grade as established by the Office of Price Administration for sales to governmental agencies in effect on the the purchase price for the seller's pack delivered thereafter in accordance with 1, above. (0) From the price determined pursuant to (a) above there shall be deducted any cash discount which may be established by the Office of Price Administration applicable to sales to regional fiscal office of the FSCC, of a properly executed and documented claim. to the applicable price de termined pursuant to (b) above, the costs permitted by the Office of Price Administration at the rate set forth in the seller's offer, If the special packing or export packaging costs change during the life of this contract, the FSCC agrees to pay the increased costs as permitted by the Office of Price Administration regulations and in the event the costs decrease, the seller agrees to accept less than the rate stated to the extent that such costs are less than the rate stated in the offer. packaging or special cans and may decrease the quantity or quantities so designated at 3. DELIVERY: The seller, within the time specified in the offer, af ter packing a sufficient quantity of fish to yield at least a minimum carload, as prescribed by the Office of Defense Transportation, shall, af ter inspection, tender such lot for delivery to FSCC on a form supplied by FSCC, "Notice of Tender of Delivery." It is understood that within the time specified in the offer af ter receipt of seller's "Notice of Tender of Delivery," the FSCC will issue or cause to be issued shipping instructions for prompt delivery and seller will deliver fish in accordance with shipping instructions. Seller agrees to deliver fish f.0.b. cars, at the shipping point or points indicated in its Tender |
