Quartermasters of independent stations who are authorized to purchase Class A supplies locally will be guided by these instructions. 728. Paragraph 557, Army Regulations, 1913, governs the action of department commanders and their subordinates with regard to posts that are under control of the former, but gives them no authority with respect to the matters referred to in that paragraph over any posts or places excepted from the control of department commanders by paragraph 191, Army Regulations, 1913. If in the opinion of the commanding officer of any such excepted place there be any advantage in having the supplies for the place under his command advertised for in connection with like supplies for posts under control of the commanding general of the department, request for such action will be made through proper channels, Instructions will then be given the department commander to have the officer of the proper supply department on his staff include in his advertisement for supply of the posts of the department the supply of the excepted place making the request. After the opening of bids, those submitted for the supply of the excepted place will be extracted, properly certified, and sent directly to the commanding officer of the excepted place. That officer will direct proper award and cause contract to be prepared. (G. O. 104, W. D., 1910.) Subsistence supplies for independent posts are procured under the supervision and direction of the department authorities of the department in which the post is geographically situated, and apportionments of funds are made to department quartermasters for this purpose. 729. Samples furnished by bidders to accompany bids may be inclosed in sealed envelopes with bids. When that is not practicable they must be sent separately in time to reach the quartermaster before date set for opening bids, and must be plainly marked with bidder's name and address and with notice indicating the circular, date, and item number to which they pertain, and a list of the samples inclosed with proposal. The purchasing officer can not be held responsible for failure of samples accompanying bids to receive consideration when not inclosed with bid or plainly marked as stated. Samples will not be received after time for opening bids. 730. Deliveries must be equal to accepted samples or prescribed standards and the purchasing officer shall make the determination in each case. 731. When a particular article is specifically called for, bids for other kinds or manufacture or brands equally good and meeting requirements will be entertained. If any other than the specified kind or brand is bid on, the bidder will name the kind or brand opposite the respective item and submit sample when practicable. When not practicable to submit sample, illustration or diagram with full description must be furnished. If bidder for an item where articles of a special kind identified by name of manufacture or by trade-mark, or equal, are called for, fails to give the name, trade-mark, or description of the equal, it will be assumed that his bid is for that described or referred to in the circular, and that will have to be furnished if bid is accepted. When a sample is called for, a bid not accompanied by sample will not be considered, neither will bidders be allowed to furnish sample of article bid upon after bids are opened. When a bid is accepted on the basis of sample furnished by the Government or submitted by bidder, or on specifications adopted by the Quartermaster Corps, supplies delivered must conform to sample or to specifications, as the case may be. 732. The purchasing quartermaster should reserve the right to mutilate or destroy samples furnished by bidders in all cases where in his judgment proper conclusions can not be reached or comparisons made without mutilation. Samples or parts remaining after mutilation will be returned to bidders on their request and at their expense. 733. Samples in each case must be sufficient to allow usual tests and comparisons with deliveries. Each sample submitted must have marked thereon name of bidder, date of advertisement, and date of opening bids. 734. All articles and materials delivered will, before acceptance, be subject to a rigid inspection on the part of the Government. The inspections will be made as promptly as is practicable after such deliveries, and the articles and materials found to meet contract requirements will be accepted. If in the opinion of the officer charged with the duty of receiving and accepting such supplies, any or all of the articles or materials tendered for delivery are not in accordance with contract requirements, they shall be rejected. The rejected articles must be removed from storerooms and store houses within seven days from date of notice of rejection. In case of failure of the contractor to remove the rejected supplies within the time specified, the same will be returned to him at the contractor's own risk, and all expenses incurred by the Quartermaster Corps for labor, material, drayage, or otherwise in connection with return of the rejected supplies shall be charged to the contractor and may be deducted from any moneys due or to become due him from the Government; or, at the election of the officer in charge, the rejected supplies may be placed in public storage at the risk and expense of the contractor. 735. When no particular quality of an article is specified in the circular calling for proposals, it is understood that supplies bid for are to be of good, standard quality of their kinds, and the purchasing quartermaster will decide whether or not the article offered complies with requirements. 736. Unless otherwise specified, actual net weight, measure, or number at the time of delivery is understood to be the purchase weight, measure, or number, as the case may be. 737. All articles of subsistence stores are to be put up in standard commercial packages, unless otherwise specified. Where special packing is specified, and in the judgment of the purchasing quartermaster, commercial packages will meet all requirements for posts in the United States, the commercial package is authorized and will be called for in the advertisement. Where the notation "special packing" appears in the advertisement the packing must conform to the models and specifications to be seen at the purchasing office. Models of all packages and methods of packing required will be shown upon application to the purchasing officer. All packages must be of good material and in first-class shipping order; slack barrels full head lined and all barrels well coopered; boxes, cases, and crates strong, securely nailed; iron strapping must be strong, carefully put on, drawn tight with ends overlapping and well nailed; inside sacks of strong, heavy cotton; outside sacks of strong, heavy cotton or gunny, preference being given to packages in outside cotton sacks. All boxes, barrels, crates, sacks, burlap, etc., used in packing supplies shall become the property of the United States upon accepted delivery. The prices bid must include the cost of package. 738. Contractors furnishing supplies will mark and distinguish them with their names and with such other designations as shall be directed by the purchasing officer. (A. R. 566, 1913.) 739. No care of or responsibility for contractors' goods or supplies will be assumed prior to delivery and actual receipt. 740. Proposals for delivering at places other than those indicated in the advertisement will, except where otherwise stated, be considered, but account will be taken of cost of transportation and additional cost of inspection, if any. Where the bidder makes his offer for delivery at places other than those indicated in the advertisement, he must specifically designate the place of delivery in each instance. 741. Supplies and containers for use in the Philippine Islands, or at places in foreign countries, are purchased with all rights of drawbacks of duty paid, reserved to the Government. 742. Contracts or awards will be strictly construed and no variation from standards or specifications will be permitted or authorized. 743. In case of the failure of contractors to perform the stipulations of their contracts, the Government may supply the deficiency by purchase in the open market or otherwise, at such place as may be selected (the articles so procured to be the kind specified in contract); and the said contractors shall be charged with the increased cost of the supplies so purchased over what they would have cost if delivered by them; and will also be charged with any other additional cost ineluding additional cost of inspection to the Government on account of their failure to furnish the supplies in the time stipulated. If a contractor fails to make payment, when called upon to make good any loss sustained by the Government on account of his default, the amount may be deducted from money due him for deliveries made and not paid for, or measures may be taken to collect it from his bondsmen or guarantors. 744. It has been decided by a judge of a United States court that it is the presumption of law that articles contracted for will be required for the use of the public service at the time limited for the delivery, and that the Government can then go into the open market or otherwise and buy the articles on the very best terms it can under the exigencies of the occasion instead of waiting a long time and making extensive inquiries with a view of obtaining a better bargain. 745. Quartermasters of independent stations not depots or points of supply will not purchase Class A, A-1, or C supplies locally unless especially designated or authorized to do so. 746. The President, in time of war or when war is imminent, is empowered, through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement, to place an order with any individual, firm, association, company, corporation, or organized manufacturing industry for such product or material as may be required, and which is of the nature and kind usually produced or capable of being produced by such individual, firm, company, association, corporation, or organized manufacturing industry. Compliance with all such orders for products or materials shall be obligatory on any individual, firm, association, company, corporation, or organized manufacturing industry, or the responsible head or heads thereof, and shall take precedence over all other orders and contracts theretofore placed with such individual, firm, company, association, corporation, or organized manufacturing industry, and any individual, firm, association, company, corporation, or organized manufacturing industry, or the responsible head or heads thereof, owning or operating any plant equipped for the manufacture of arms or ammunition, or parts of ammunition, or any necessary supplies or equipment for the Army, and any individual, firm, association, company, corporation, or organized manufacturing industry, or the responsible head or heads thereof, owning or operating any manufacturing plant, which, in the opinion of the Secretary of War shall be capable of being readily transformed into a plant for the manufacture of arms or ammunition, or parts thereof, or other necessary supplies or equipment, who shall refuse to give to the United States such preference in the matter of execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms or ammunition, or the parts thereof, or any necessary supplies or equipment, as ordered by the Secretary of War, or who shall refuse to furnish such arms, ammunitions, or parts of ammunition, or other supplies or equipment, at a reasonable price as determined by the Secretary of War, then, and in either such case, the President, through the head of any department of the Government, in addition to the present author ized methods of purchase or procurement herein provided for, is hereby authorized to take immediate possession of any such plant or plants, and through the Ordnance Department of the United States Army, to manufacture therein in time of war, or when war shall be imminent, such product or material as may be required, and any individual, firm, company, association, or corporation, or organized manufacturing industry, or the responsible head or heads thereof, failing to comply with the provisions of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment for not more than three years and by a fine not exceeding $50,000. 67511°-VOL 1-17-10 Quartermasters of independent stations who are authorized to purchase Class A supplies locally will be guided by these instructions. 728. Paragraph 557, Army Regulations, 1913, governs the action of department commanders and their subordinates with regard to posts that are under control of the former, but gives them no authority with respect to the matters referred to in that paragraph over any posts or places excepted from the control of department commanders by paragraph 191, Army Regulations, 1913. If in the opinion of the commanding officer of any such excepted place there be any advantage in having the supplies for the place under his command advertised for in connection with like supplies for posts under control of the commanding general of the department, request for such action will be made through proper channels, Instructions will then be given the department commander to have the officer of the proper supply department on his staff include in his advertisement for supply of the posts of the department the supply of the excepted place making the request. After the opening of bids, those submitted for the supply of the excepted place will be extracted, properly certified, and sent directly to the commanding officer of the excepted place. That officer will direct proper award and cause contract to be prepared. (G. O. 104, W. D., 1910.) Subsistence supplies for independent posts are procured under the supervision and direction of the department authorities of the department in which the post is geographically situated, and apportionments of funds are made to department quartermasters for this purpose. 729. Samples furnished by bidders to accompany bids may be inclosed in sealed envelopes with bids. When that is not practicable they must be sent separately in time to reach the quartermaster before date set for opening bids, and must be plainly marked with bidder's name and address and with notice indicating the circular, date, and item number to which they pertain, and a list of the samples inclosed with proposal. The purchasing officer can not be held responsible for failure of samples accompanying bids to receive consideration when not inclosed with bid or plainly marked as stated. Samples will not be received after time for opening bids. 730. Deliveries must be equal to accepted samples or prescribed standards and the purchasing officer shall make the determination in each case. 731. When a particular article is specifically called for, bids for other kinds or manufacture or brands equally good and meeting requirements will be entertained. If any other than the specified kind or brand is bid on, the bidder will name the kind or brand opposite the respective item and submit sample when practicable. When not practicable to submit sample, illustration or diagram with full description must be furnished. If bidder for an item where articles of a special kind identified by name of manufacture or by trade-mark, or equal, are called for, fails to give the name, trade-mark, or description of the equal, it will be assumed that his bid is for that described or referred to in the circular, and that will have to be furnished if bid is accepted. When a sample is called for, a bid not accompanied by sample will not be considered, neither will bidders be allowed to furnish sample of article bid upon after bids are opened. When a bid is accepted on the basis of sample furnished by the Government or submitted by bidder, or on specifications adopted by the Quartermaster Corps, supplies delivered must conform to sample or to specifications, as the case may be. 732. The purchasing quartermaster should reserve the right to mutilate or destroy samples furnished by bidders in all cases where in his judgment proper conclusions can not be reached or comparisons made without mutilation. Samples or parts remaining after mutilation will be returned to bidders on their request and at their expense. 733. Samples in each case must be sufficient to allow usual tests and comparisons with deliveries. Each sample submitted must have marked thereon name of bidder, date of advertisement, and date of opening bids. 734. All articles and materials delivered will, before acceptance, be subject to a rigid inspection on the part of the Government. The inspections will be made as promptly as is practicable after such deliveries, and the articles and materials found to meet contract requirements will be accepted. If in the opinion of the officer charged with the duty of receiving and accepting such supplies, any or all of the articles or materials tendered for delivery are not in accordance with contract requirements, they shall be rejected. The rejected articles must be removed from storerooms and storehouses within seven days from date of notice of rejection. In case of failure of the contractor to remove the rejected supplies within the time specified, the same will be returned to him at the contractor's own risk, and all expenses incurred by the Quartermaster Corps for labor, material, drayage, or otherwise in connection with return of the rejected supplies shall be charged to the contractor and may be deducted from any moneys due or to become due him from the Government, or, at the election of the officer in charge, the rejected supplies may be placed in public storage at the risk and expense of the contractor. 735. When no particular quality of an article is specified in the circular calling for proposals, it is understood that supplies bid for are to be of good, standard quality of their kinds, and the purchasing quartermaster will decide whether or not the article offered complies with requirements. 736. Unless otherwise specified, actual net weight, measure, or number at the time of delivery is understood to be the purchase weight, measure, or number, as the case may be, 737. All articles of subsistence stores are to be put up in standard commercial packages, unless otherwise specified. Where special packing is specified, and in the judgment of the purchasing quartermaster, commercial packages will meet all requirements for posts in the United States, the commercial package is authorized and will be called for in the advertisement. Where the notation "special packing” appears in the advertisement the packing must conform to the models and specifications to be seen at the purchasing office. Models of all packages and methods of packing required will be shown upon application to the purchasing officer. All packages must be of good material and in first-class shipping order, slack barrels full head lined and all tarre is well coopered; boxes, cases, and crates strong, securely nailed, iron strapping must be strong, carefully put on, drawn tight with ends overlapping and well nailed, in ade sacks of strong, heavy cotton; out ade sacks of strong, heavy cotton or gunny, preference being given to packages in outside cotton sacios, All boxes, barrels, crates, sacks, burlap, etc., used in packing supplies shall become the property of the United States upon accepted delivery. The prices bid must include the cost of package. 738. Contractors furnishing supplies will mark and distinguish them with their names and with such other de ignations as shall be directed by the purchasing officer. (A. R. 566, 1913.) 739. No care of or responsibility for contractors' goods or supplies will be assumed prior to delivery and actual receipt. 740. Proposals for delivering at places other than those indicated in the advertisement will, except where otherwise stated, be con idered, but account will be taken of co t of transportation and additional cost of inspection, if any. Where the bidder makes his offer for delivery at places other than those indicated in the advertisement, he must specifically designate the place of delivery in each instance. 741. Supplies and containers for use in the Philippine Islands, or at places in foreign countries, are pur hased with all rights of drawbacks of duty paid, reserved to the Government. 742. Contracts or awards will be strictly construed and no variation from standards or specifications willte permitted or authorized. 743. In case of the failure of contractors to perform the stipulations of their contracts, the Government may supply the deficiency by purchase in the open market or otherwise, at such place as may be selected -the arți, les so procured to be the kind specified in contract, and the said contractors shall be charged with the in.reased cost of the supplies so purchased over what they would have cost if delivered by them; and w.ia náso be charged with any other additional cost including additional cost of inspection to the Govern ment on account of their failure to furnish the supplies in the time stipulated. If a contractor fails to make payment, when called upon to make good any loss sustained by the Government on account of his default, the amount may be deducted from !money due him for deliveries made and not paid for, or measures may be taken to colles tit from his bondsmen or guarantors, 744. It has been decided by a judge of a United States court that it is the presumption of law that articles entrated for will be required for the use of the public service at the time limited for the delivery, and that the Government can then go into the open market or otherwise and buy the articles on the very best termite an under the exigencies of the ocasion instead of waiting a long time and masing extensive inquiries with a view of o' tulang a better bargain. 745. Quarterma ters of independent stations not depots or points of supply will not purchase Clam A, A. 1, or C supplie, ksally unie a especially designated or authorized to do so. 746. The Proulent, in time of war or when war is imminent is empowered, through the head of any department of the Government, in addition to the present authorized methods of purchase or procurement, to pla e an order with any individual, firm, association, company, corporation, or orginized marefacturing industry for such product or material as may be required, and which is of the nature anei kini usually produced or capable of being produced by such individual, firm, company, association, nurperation, or organized man ifacturing industry. Compliance with all such orders for products or materials shall be obligatory on any individual, firm, sema kataon, company, corporation, or organized manufacturing industry, or the responsible head or heads there", ani shaiitake precedence over all other orders and contractstheretofore placed with each individual, firm ex m;any, association, cerporation, or organized mana'seturing industry and any individual, firm, hamasalan, comjuny, corporation, or organized man ifacturing in 1 ́stry, or the responsil le he ad or hearis term, owning or operating any plint equipped for the manufacture of arms or amm inition, or parts of ammunition, or any necessary supplies or equipment for the Army, and any individual, firm, association, company corporation, or organized manufact iring industry, or the responsi) lc head or heads thereof owning de «jærating any man ifact iring plant, which, in the opinion of U) e Secretary of War shall be espa? de af ho ng real ấy transformed into a plant for the manufacture of arms or amm „nition, or part-thereof or other necessary suppárs or equipment, who shall refuse to give to the I nited states such preference in the matter of execution of orders, or who shall refuse to manufacture the kind, quantity, or quality of arms ammuniti, o, or the parts thereof or any necessary supplies or equipment as ordered by the secretary War of whoviall refuse to furnish such arms ammunitions, or part of amrisrition or other e pplies or eg „fment at a ressonable price as determined by Die secretary of War then sud in citter e ri, case, the treudent, through the head of any department of the Government in addition to the pre ænt author levi mant" uls of pur base or procurement herein provided for, is hereby authorized to take immediate javen e mafany so † plant or plants, and through the Ordnance Denariijent of the United states Army, So that, facture therein in time of war, or when war al slibemuanent sich product @ material avm v be poną armi kasi aty in ii vizal, firm, company, association, or cur; ration or crystated man-lacturing ndustry or the responst le head or hen-is thereof, failing to comply with the provisions of this sextion shall he Southend g kits of a felony, and upon conviction shall be punished by imprisonment for not more than years and by a fine not exceeding $50,000 1 The compensation to be paid to any individual, firm, company, association, corporation, or organized manufacturing industry for its products or material, or as rental for use of any manufacturing plant while used by the United States, shall be fair and just. The Secretary of War shall also make, or cause to be made, a complete list of all privately owned plants in the United States equipped to manufacture arms or ammunition, or the component parts thereof. He shall obtain full and complete information regarding the kind of arms or ammunition, or the component parts thereof, manufactured or that can be manufactured by each such plant, the equipment in each plant, and the maximum capacity thereof. He shall also prepare, or cause to be prepared, a list of privately owned manufacturing plants in the United States capable of being readily transformed into ammunition factories, where the capacity of the plant is sufficient to warrant transforming such plant or plants into ammunition factories in time of war or when war shall be imminent; and as to all such plants the Secretary of War shall obtain full and complete information as to the equipment of each such plant, and he shall prepare comprehensive plans for transforming each such plant into an ammunition factory, or a factory in which to manufacture such parts of ammunition as in the opinion of the Secretary of War such plant is best adapted. The President is hereby authorized, in his discretion, to appoint a Board on Mobilization of Industries Essential for Military Preparedness, nonpartisan in character, and to take all necessary steps to provide for such clerical assistance as he may deem necessary to organize and coordinate the work herein before described. (Sec. 120, act June 3, 1916.) 747. That the Secretary of War be, and he is hereby, authorized to prepare or cause to be prepared, to purchase or otherwise procure, such gauges, dies, jigs, tools, fixtures, and other special aids and appliances, including specifications and detailed drawings, as may be necessary for the immediate manufacture, by the Government and by private manufacturers, of arms, ammunition, and special equipment necessary to arm and equip the land forces likely to be required by the United States in time of war: Provided, That in the expenditure of any sums appropriated to carry out the purposes of this section the existing laws prescribing competition in the procurement of supplies by purchase shall not govern, whenever in the opinion of the Secretary of War such action will be for the best interest of the public service. (Sec. 123, act June 3, 1916.) OPEN-MARKET PURCHASES. 748. An open-market purchase of supplies or engagement of services is one made without advertising, and is authorized in the following cases: 1. In an emergency, as when the public exigencies require immediate delivery or performance and there is no time to advertise by newspapers, posters, or circulars. 2. When it is impracticable to secure competition. 3. When proposals have been invited and none have been received. 4. When proposals are above the market price or otherwise unreasonable. 5. When exceptional articles of subsistence stores are purchased. 6. When the aggregate amount of supplies or services to be procured does not exceed $500, as authorized by the act of Congress approved June 12, 1906. (A. R. 551, 1913, as changed by C. A. R. 30, 1915.) A procurement will be considered as covering a given quantity of supplies of the same kind procured on the same day; separate purchases of hardware, therefore, from two dealers on the same day, each amounting to $50 or over, are required to be covered by one report. A procurement will also be considered as covering a given quantity of supplies of any kind on the same day from the same dealer. It is forbidden to make purchases arising from the same need of the same kind of supplies from day to day so that the aggregate in each case will be less than $100. Supplies or services will not be procured in open market under the act of June 12, 1906, whenever in the Judgment of the purchasing officer it will be advantageous to the Government to resort to advertising for proposals. Open-market purchases will not be made under this act in small amounts from time to time when a reasonable degree of foresight would indicate that larger quantities can be procured to advantage by resorting to advertisement for proposals. This applies particularly to procurements made amounting to less than $500, when larger quantities, exceeding $500, can be procured to advantage by resorting to advertisement for proposals as required by law. Officers making open-market purchases must not neglect to solicit competition whenever possible. The date of procurement of supplies or services will be considered as the date when all the supplies ordered have been delivered and accepted, or the services have been completely rendered. The public exigency which will authorize the procurement of service without advertising for proposals can not rightfully be held to continue for a longer time than is necessary to enter into a contract for the continuing service. (3 Comp., 314.) Among the reasons which may be assigned as making competition impracticable are the following: (a) Under a formal contract for construction there arises a necessity for additional work practicable of performance only by the contractor. (b) The articles wanted are patented or copyrighted and not on sale by dealers, but by the owners of the patent or copyright, or their agents or assigns alone, at a fixed and uniform price. (c) There is only one dealer within a practicable distance from whom the articles can be obtained. |