"Bids shall be made for any or all of the tires listed above. Awards will be made to the highest acceptable bidder for the quantity bid,for, the balance bet coming available to the next highest acceptable bidder, and so on, until all of the fires have been awarded. The right is reserved te werd any, bidder less than the quantity tid for unless the bidder specifies otherise the full quantity bid for by him is not available when his bid is reached. In addition the Government reserves the right to make award in response to any bid received for the entire quantity of lot in the event such a bid is equal to or in excess of the total of the highest acceptable individual bid received for less than the entire quantity". "A bidder will not be permitted to select or pick out individual items in a lot so as to have a better choice than other bidders - NOTE: Bidder's failure to submit the entire Safes catalog may be considered as sufficient reason for rejection of the bid. NOTE: An Acceptance of Bid will be mailed to the successful Bidder or Bidders. It is requested that each sugo ssful Fidcer await receipt of such accept ance before contacting the Disposal Office concerning payment of balance or delivery of materia NOTE: It is suggested that foreign bidders act through a local representative NOTE: IN THE EVENT TWO OR MORE BILS ARE TIED AS THE HIGH RID, AWARD WILL LE Mr. BALWAN. On Invitation B-37-54, issued October 15, you sold about 1,400 tires of various sizes and shapes which are described as not used-condition: fair. Lieutenant STUTHEIT. Acquisition cost: $91,350.10. Returns have not been totaled, since the sale was held yesterday. Mr. BALWAN. Can someone tell us how this surplus was generated? Commander PABST. They were all over age. Mr. BALWAN. Do you mean they were all new unused tires? Commander PABST. They were not used. They were from 5 to 8 years old, or more. Mr. BALWAN. Are they stock items or were they on equipment here? Commander PABST. They were stock items. Mr. BALWAN. Was new procurement made of the same items during this period? Commander PABST. Usable tires were redistributed to other points, but not over-age tires. When they reach 5 years of age they are not usable. Mr. BALWAN. You cannot use or issue them? Commander PABST. That is correct. Mr. BALWAN. Was new procurement made when these could have been used? Commander PABST. Not to the best of my knowledge, and I know of no new procurement on tires where these could have been used. Mr. RIEHLMAN. If you have these things in stock and they can be used before they become overage, it would certainly be wrong to reorder this same item. Commander PABST. Y. and D. S. O. did use some of these, and these are what is left, mostly in obsolete sizes. Mr. BALWAN. Was any attempt made to find a purchaser for this besides your regular mailing of catalogs to people on your mailing lists? Lieutenant STUTHEIT. No, sir. Not to others than those on the mailing lists? A mailing list is made up from a sheet we have which any individual may fill out. Mr. BALWAN. Do you develop much interest? Lieutenant STUTHEIT. I think we have considerable interest. We have replies from many people outside of the State of California. Mr. BALWAN. May we ask if you cover that complete list on these tires, or did you send that to a specialized list? Lieutenant STUTHEIT. Our list has 48 categories. Mr. BALWAN. In other words, you don't notify the whole list? Mr. BALWAN. Take this on tires-how many people were mailed a catalog? Can you run up your list for us? Lieutenant STUTHEIT. I have one I can give you right now, broken down into the 48 categories. Mr. BALWAN. That would have the list of those people to whom the tires went? Mr. HOLIFIELD. I think that would be of interest to the committee and would give us an indication of how you give your orders. Lieutenant STUTHEIT. It is hard to say without the record. My bidders are interested in all categories. Mr. RIEHLMAN. I think it would be very interesting to know how many bids you have on tires and how many on the fork trucks. Lieutenant STUTHEIT. On tires, 61 bids. Mr. BALWAN. What kind of firms were they? Lieutenant STUTHEIT. Most of them are tire firms, tire dealers. Mr. BALWAN. Was that all on a basis of the right to bid for a small number of tires or for the whole lot? Lieutenant STUTHEIT. We had 60 lots to this and it contained 3 alternatives. It was broken down into 57 other lines. Mr. HOLIFIELD. Bidders could bid for small lots? What priorities do they have? The small man who bids, how much preference do you give him over a bidder for the whole lot? Lieutenant STUTHEIT. None whatsoever. It is the high bidder who gets the award. Mr. RIEHLMAN. What if a person came in and wanted to bid on 30 or 6 tires? Lieutenant STUTHEIT. He would have to take all 6. Mr. RIEHLMAN. But he wouldn't have to bid on any of the other items? What if a man bid on all the lots and his total bid was higher than the separate bids. Would you sell all that to him? Lieutenant STUTHEIT. He would only be able to do that on this alternate bid, since the other lots contain an alternate. If the bid on the 58 is higher than the high bids on the other 57 lots, the bid on the 58 would get it. This has turned out where there will be numerous awards. There is also a provision for splitting an award, giving one bidder part of a lot. Mr. RIEHLMAN. May I ask you on the fork-lift program, how did you accumulate all these? Today when we were driving around there was quite a group, and there is a possibility they will be declared surplus. Where did you accumulate them? Commander PABST. Fork-lift trucks were accumulated right here on the station and were replaced by new units when the repair costs became too constant and too high. We figured they had lived out their practical life. Mr. BALWAN. Is that a replacement sale? Commander PABST. Yes, it is. (Lieutenant Stutheit gave Mr. Balwan a complete list of bidders.) Mr. BALWAN. I am interested in this list because it is a very passive way of selling. These lists are made out from people who write you asking that they be put on the mailing list? Lieutenant STUTHEIT. We get telephone books from various places, and the employees go through them and pick out the various firms listed and we send them one of our lists. Mr. BALWAN. What is your procedure for sending catalogs? Lieutenant STUTHEIT. The bidder stays on the list until we conduct a verification of the list. We make every effort to get out as many catalogs as we can. I now have the abstract of the bids. (Read names of the bidders.) Mr. BALWAN. Who was the big winner on this tire sale? Lieutenant STUTHEIT. I don't understand what you mean by big winner. Mr. BALWAN. Who got the bulk of the tires here? Lieutenant STUTHEIT. We haven't recapitulated, but all we have circled in red indicates those that are tentatively high. Mr. BALWAN. The East Bay Tire Co. apparently was the successful bidder on several lots. What do you mean by tentatively high? Lieutenant STUTHEIT. Until we can check this to be sure there are no errors. Mr. BALWAN. This sale was opened on November 5 and they have to wait a certain number of days in case mail was missent to some other station or something like that. How long do you usually wait? Lieutenant STUTHEIT. We always wait 24 hours, and in some cases we wait 48 hours before we have all the information to compile. Bealed bida, in Original only INVITATION subject to the General Sale Terms and Conditions on the reverse beroof, and ang special conditions, set forth herein, will be received atUSN Advanced Base Supply Depot, Port Hueneme, until 1000'clock (TST) 29 October listed below and on continuation sheets 19 53, for purchase and removal of Government is property TIME MACE WHILE CDS WILL BE PUCUCLY OPENED REI. 148 ADM. BLDG. TITLE DATE OF SO OPENING CONTRACTING OFFICER DESCRIPTION AND LOCATION OF PROPERTY SURPLUS CABLE (as described on page 4.) Location: Gate #5 SALE THIS PROPERTY HAS BEEN SCREEN AGAINST THE KNOWN DEFENSE REQUIREVENT The property described herein may be inspected between the hours of Monday thru Friday. For inspection of material apply at Gate D.S.N. Advanced Base Supply Depot, Port Huenero, California. For further inform ation contact Disposal Branch, telephone Hunter 3-2481 Extension 220. A bid deposit of 25% percent of the total amount bid, In the form of portal or express money order or cashier's or certified check, or such other form of security as may be acceptable to the contracting officer, made payable to the Treasurer of the United States, must accompany the bid. Property must be removed by the successful bidder within 15 calendar days after notice of award, unless others in secified In the description or in any special condition, time to be computed from the date of mailing or otherwise furnishing said notire. BID B-43-54 DATE OF D 29 October 153 In compliance with the above invitation, and subject to all the General Sale Terms and Conditions and any special conditions, the undersigned offers and agrees, if this bid be accepted within. calendar days (60 calendar days if no period be sparified Nu the bidder) after date of the opening, to purchase any or all of the items described herein upon which prices are quoted, at the prie set opposite cach item. Bid deposit in the amount of §. is enclosed. BIDDER REPRESENTS: (1) That the aggregate number of employees of the bidder and its affiliates is (Check appropriate boxes) 500 or more, less than 500. (2) That he has, has not, employed or retained a compear Or person other than a full-time employee) to solicit or secure this contract, and agrees to fur information relating thereto as requested by the contracting officer. 1. INSPECTION.-Bidders are invited and urged to inspect the prop. erty to be sold prior to submitting bids. Property will be available for inspection at the places and times specified in the Invitation. The Government will not be obliged to furnish any labor for such purpose. In no ense will failure to inspect constitute grounds for a claim or for the withdrawal of a bid after opening. 2. CONDITION OF PROPERTY-All property listed herein is offered for sale "as is" and "where is." and without recourse against the Government. If it is provided herein that the Government shall load, then where la" means f. o. b. conveyance at the point specified in the Invitation. The description is based on the best available information, but the Government makes no guaranty, warranty, or representation. expressed or implied, as to quantity, kind, character, quality, weight, alse, or description of any of the property, or its fitness for any use or purpose, and no claim will be considered for allowance or adjustment or for rescission of the sale based upon failure of the property to correspond with the standard expected; this is not a sale by sample. 3. CONSIDERATION OF BIDS.-The Government reserves the right to reject any or all bids, to waive any technical defects in bids, and. unless otherwise specified by the Government or by the bidder, to accept any one item or group of items in the bid, as may be in the best interest of the Government. Unless otherwise specified, bids must be submitted on the basis of the unit specified for the item in the Invitation, and bids may be submitted on any or all items. In case of error in the extension of prices in the bid, the unit prices will govern. 4. BID GUARANTEE.-The bidder agrees that (1) the bid will not be withdrawn within the time specified for acceptance after the opening of bids (60 calendar days if no period be specified by the bidder), and will during that time remain firm and irrevocable, and that (2) the will pay to the Government the purchase price of the property bidder in accordance with the bid if accepted. If a bid deposit is required, the bid must be accompanied by said bid deposit. In the event of any default by the bidder or any failure by the bidder to comply with all terms and conditions of this contract, any deposit made by the bidder may be applied by the Government to any loss, cost, and expense occasioned to the Government thereby, including any loss, cost, and expense Incurred In selling the property and including any difference between the amount specified in the bid and the amount for which the Government may sell the property, if the latter amount be less than the former. Deposits accompanying bide which are not accepted will be returned. Deposits of successful bidders may be applied against the contract price, and upon completion of the contract, any excess of the deposit will be returned to the bidder. S. PAYMENT.-Payment of the balance of the purchase price, if a deposit has been made, or otherwise of the full purchase price, shall made by cash, or by certified check, cashier's check, bank draft, postal or express money order, payable to the Treasurer of the United States. Unless otherwise specified by the Government, payment of the full por purchase price, subject to any adjustment for variation in quantity er weight pursuant to Condition No. 8. must be made prior to the date specified for removal and prior to delivery of any property. If any such adjustment is necessary, then payment must be completed. unless other. ise specified by the Government, immediately subsequent to adjustment. If the successful bidder falls to make full and final payment as herein provided, the Government reserves the right, upon written notice to the successful bidder, to sell or otherwise dispose of any or all of such property in the Government's possession and to charge the loss. If any. to the account of the defaulting bidder. The original Purchaser will in no way be released from full compliance with the terms and conditions of the sale by his resale of the property. TITLE Title to the Items of property sold hereunder shall vest In the Purchaser as and when full and final payment le made, unless otherwise specified by the Government, and except that if the contract provides that loading will be performed by the Government, title shall not vest until such loading and such payment are completed. On all mater vehicles and motor-propelled or motor-drawn equipment requiring licensing, a certificate of release. Standard Form 97 (or a State certif. sate of title. If such a certificate of title has been lasued to the Govern ment), will be furnished for each such vehicle and piece of equipment. 7. DELIVERY AND REMOVAL OF PROPERTY.-The Purchaser shall be entitled to obtain the property upon vesting of title of the property in him, unless otherwise specified in the Invitation to Bid. Delivery shall be at the dealzanted location. and the Purchaser shall remove the property at bla expense. The Purchaser shall reimburse the Government for any damage to Government property caused by the removal operations of the Purchaser. If the Purchaser falls to remove the property within the specif ifted time, the Government aball have the right to charge the Purchaser and collect upon demand a reasonable storage charge if the property la stored on premises own owned or controlled by the Government, or store the property elsewhere for the Purchaser's including handling and account, and all costs incident to such storing. purchaser: In addition moving charges, shall be borne and pald by contracting officer, be included either partly or wholly in the thirty (30) days specified above or may be in addition thereto), resell the property, applying the proceeds therefrom against the storage and any other costs incurred for Purchaser's account. Any details regarding removal of the property as may not be provided for herein, shall be arranged with the contracting officer, which arrangement shall be reduced to writing. OR 8. ADJUSTMENT FOR VARIATION IN QUANTITY WEIGHT. Any variation between the quantity or weight listed for any item and the quantity or weight of such item tendered or delivered to the Purchaser will be adjusted on the basis of the unit price quoted for such item; but no adjustment for such variation will be made where an award is made on a "price for the lot" basis. 9. WEIGHING.-Where weighing is necessary to determine price hereunder, the Purchaser, unless otherwise provided, shall arrange for, and pay all expenses of weighing material, including all switching charges incurred. In case of removal by truck, weighing shall be under the supervision of the Government and, at its option, on (a) Government scales. or (b) certified scales in the vicinity of the location of the property, or (c) certified scales in the vicinity of the Purchaser's establishment, or (d) other scales acceptable to both parties. When removal is by rail, weighing shall be on railroad track scales, or by other means Acceptable to the railroad for freight charge purposes. Government-approved weighing shall govern payment. 10. RISK OF LOSS.-(1) After mailing notice of award, and prior to passage of title to the Purchaser, the Government will be responsible for the care and protection of the property and any loss, damage, or destruction occurring during such period will be adjusted by the con tracting officer. (2) After passage of title to the Purchaser, and prior to the date specified for removal, the Government's responsibility will be limited to the exercise of reasonable care for the protection of the property. (3) After the date specified for removal of the property. all risk of loss, damage, or destruction from any cause whatsoever shall be borne by the Purchaser. 11. LIMITATION ON GOVERNMENT'S LIABILITY.-In any case where liability of the Government to the Purchaser has been established, the extreme measure of the Government's liability shall not, in any event, exceed refund of the purchase price or such portion thereof as the Government may have received. 12. VERBAL MODIFICATIONS-Any oral statement by any representative of the Government, modifying or changing any conditions of this contract, is an expression of opinion only and confers no right upon the Purchaser. 18. COVENANT AGAINST CONTINGENT FEES.-Purchaser warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for A commission, percentage brokerage, or contingent fee. excepting bons Aide employees or bona fide established commercial or selling agencies maintained by the Purchaser for the purpose of doing business. For breach of this warranty, the Government shall have the right to annul this contract without liability or at its option, to recover from the Purchaser the amount of such commission, percentage, brokerage, or contingent fee, in addition to the consideration herein set forth. 14. OFFICIALS NOT TO BENEFIT.-No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, unless it be made with a corporation for its general benefit, 16. DISPUTES.-Except as otherwise specifically provided in this contract. all questions of fact involved in disputes arising under this contract shall be decided by the contracting officer, whose decision upon Bald facts shall be final and conclusive upon the parties, subject to written appeal by the Purchaser within thirty (30) days to the head of the department or his duly authorized representative, whose decision on sald facts shall be final and conclusive upon the parties hereto. In the meantinie, the Purchaser shall diligently proceed with performance. 16. DEFINITIONS.-(a) The term "head of the department" as used herein shall mean the head or any assistant head of the executive department or independent establishment Involved, and the term "his duly authorized representative" shall mean any person or persons, other than the contracting officer, authorized to act for him, or any board set up in accordance with regulations. (b) The term "contracting officer" as used herein shall include his duly appointed successor and his duly authorized representative. INSTRUCTIONS TO BIDDERS Envelopes containing bids must be sealed and marked in the upper left-hand corner with the name and address of the bidder, identification of the invitation, and the date and hour of opening. Bids should be filled out in ink, Indelible pencil, or typewriter. Bidder must show total amount bid on last sheet on which a bid is entered. 10-00080-1☆ U.S. GOVERNMENT PRINTING OFFICE 1952-0-212435 Reverse of Standard Form 114 ADDITIONAL PROVISIONS 17. Deletions.-Conditions No. 4 (Bid Guarantee), No. 5 (Payment), and No. 8 (Adjustment for Variation in Quantity or Weight) are hereby deleted. 18. Bid guarantee and liquidated damages.-The bidder agrees that (1) the bid will not be withdrawn within the time specified for acceptance after the opening of bids (60 calendar days if no period be specified by the bidder), and will during that time remain firm and irrevocable, and that (2) the bidder will pay to the Government the purchase price of the property in accordance with the the bid if accepted. If a bid deposit is required, the bid must be accompanied by said deposit. If after award the purchaser fails to pay the balance of the purchase price, fails to remove the material or otherwise fails to perform any of its obligations he will thereby lose all rights, title and interest in the material |