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GENERAL SALE TERMS AND CONDITIONS
1. INSPECTION.-Bidders are invited and urged to inspect the property to be sold prior to submitting bids Property will be available for Inspection at the places and times specified in the Invitation, The Gov. ernment will not be obliged to furnish any labor for such purpose. In mo Che will fallure to inspect constitute grounds for . claim or for the withdrawal of a bid after opening.
2. CONDITION OF PROPERTY --All prop listed herein la ofered for sale "as is" and here is." and without rtcourse Agrinat the Gov. ernment Il it is provided herein that the Government shall load. then "where in" means 1. v. b. conveyance at the point specified in the Invitation. The description is based on the best available information, bart the Government makes no ruaranty warranty, or representation exprol or implied. u to quantity. kind character, quality. weight. Wre, 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 rekojosion of the male based upon la dure of the property to correspond with the standau expected this is not sale by sample.
2. CONSIDERATION OF BIDS. --The Government reserves the right to reject any or all bids, to waive any technical defects in bida. and unlew otherwise specified by the Government or by the bidder. to accept any one Item or group of items in the bid, so may be in the best interest of the Government Unjen otherwise specife, ads must be submited 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 el prices in the bid, the unit prices will govern.
& BID GUARANTEE.-The bidder sareer that (1) the bid will not be withdrawn within the time specified for acceptance after the opening of bide 160 calendar day. If no period be speened by the tidder), and vill during that time remain Arm and irrevocable, and that (?) the bidder will pay to the Government the purchase price of the property in accordance with the bid if accepted. II. bid deposit is required. the bid must be seenmpanied by said bid deposit. In the event of any delault 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 occasionet 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 bids which are not accepted will be returned. Deposits of forestul bidden may be applied against the contract price, and upon completion of the contract, any excess of the deposit will be returned to the bidder.
A PAYXENT-Payment of the balance of the purchase price. If Gepbolt has been made, or otherwise of the full purchase price, shall ho made by case, or by cortified check casbier's check, bank draft, postal or apre money order. payable to the Treasurer of the United States Unle otherwire specified by the Government, payment of the for purchase price, object to any adjustment for variation in quantity ar gaight parroant to Condition No. 8, most be made prior to the date aneelled for removal and prior to delivery of any property
If any such mustment Man, the payment must be completed, unless other. le specified by the Government, immediately subsequent to adjustment. II the sucrful bidder falls to make full and final payment es berein wided, the Government reserves the right upon written notice to the
of biddere to well or otherwise dispose of any or all of such property bathe Government': Dorion and to chers the low. If any.
Mocoont of the defaulting bidder The original Purchaser will in wrined from full compliance with the terms and conditions of the role by his resale of the property.
TITLE-Tite to the Home of property sold bereunder shall rest In the Purcheer and when full and Anal payment is made. unless other he decided by the Government, and except that if the contract provide that loading will be performed by the Government title shall not root until we loading and such payment are completed. On all motor vehicles and motor propelled or motor drawn equipment requiring Ucensing, « certineata of relense, Standard Form 97 (or a State certin. cate of utle. If weh . cortidente of title has been issued to the Govern ment), „U be fornlabed for each such vehlele and plece of equipment.
7. DELIVERY AND REMOVAL OY PROPERTY.-The Purchaser shall be entitled to obtain the property Typon vesting of title of the property in him, unlepo otherwise speel net in the Invitation to Bld. Delivery shall be at the designated location. And the Purchaser wall remove the property at his expense. The Purchaser shall relmturn the Government for iny damage to Government property and by the removal opention of the Purchaser If the Purchaser fails to remove the property within the specided time, the Government shall have the right to chart the Purchaser and collect upon demand resonable sora charte if the property to stored oa premises owned or controlled by the Government, or store the property elsewhere for the Purchaser's secount, and all coola lacident to rue xoring, including handing and moring charge shall be borne and peld by the Purebaser: In addition to the foregoing rieba, the Government may, after the expiration of thirty (30) days after the date Welled for removal, and upon ten (10). days written notice (calculated from the date of mailing) to the Pur. con (leb ten (10) days written notice may, at the option of the
contracting officer. be included eitber partly or wholly in the thirty (30) daya epecited 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 meer, which arrangement shall be reduced to writing.
8. ADJUSTMENT FOR VARIATION IN QUANTITY OR 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 Purebaner will be adjusted on the basis of the unit price quoted for such item, but no adjustment Jor kuch variation will be made where an award la made on price for the lot" basla.
9. WEIGHING. - Where weighing is necesary to determine price here under the Purchaser, unless otherwise provided, whall arrange for, and pay all ripenses of weixhuse material including all switching charge incurred. In case of removal by truck weighing shall be under the supervision of the Government and, at its option. on (a) Government seules or (b) certified sales in the vicinity of the location of the property, or (c) certified scales in the neinity of the Purchaser's establishment, or (d) other scales acceptable to both parties. When removal to by rail, weighing shall be on railed Uses main or by other montereptable had for Prelght charge purport Government-approved weighing shall govern Deyment.
10. RISK OF LOSS.-(1) After mailing notice of awards and prior to Desenge of title to the Purchaser, the Government will be respond ble 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 with 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. of destruction from w sume hatever shall be borbe torturehrat.
11. LIMITATION ON GOVERNMENTS LIABILITY-In any can where Hability of the Government to the Purchaser has been established. the extreme Messure of the Government'. liability shall not in any event. exceed refund of the purchase price or such portion thereof us the Government may have received.
12. VERBAL MODIFICATIONS. -- Any on statement by any repretentative of the Government, modifying or ebenging any conditions of this contract, is an expression of opinion only and confers no right upon the Purchaser.
13. COVENANT AGAINST CONTINGENT FEES. ---Purchaser war. rants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreetnent or understanding for
commission. percentage brokerage, or contingent fet, excepting bona fde employees or bona fide catablished commercial or selling Agencies maintained by the Purchaser for the purpose of doing business Por breach of this warranty. the Government shall have the right to annul this contract without liability or at its option to recover from the Pur. chaser the amount of such commission, percentage. brokerage, or contingent fee, in addition to the consideration herein xt forth.
14, OFFICIALS NOT TO BENEFIT -No Member of or Delegate to Congrese or Resident Commissioner shall be admitted to any share or part of this contract or to any benent that may arise therefrom, unless it be made with corporation for its general benefit
16. DISPUTES-Except as otherwine preileally provided in the contract. all questions of fact involved in disputa aring under this contract sball be decided by the contracting ameer, whose decision upon maid lacus shall be Anal and conclusive upon the parties, rubject to written appeal by the Purchaser within thirty (30) days to the head of the department or his duly authorised representative, whose decision on maid facts shall be Art and conclulive upon the parties hereto. In the menn. time, the Purchaser shall diligently proceed with performance,
16. DEFINITIONS.- (a) The term "head of the department - werd herein shall mean the head or any assistant head of the executive depart. ment or Independent establishment involved, and the term "hie duly authorized representave" shat mean any person or persons, other than the contracting officer. authorised to act for him, or any board met up in accordance with regulations
(b) The term "contracting offeer" mwed herein shall include bilo duty appointed accessor and his duly authorised representare
INSTRUCTIONS TO BIDDERS Envelopes containing bids must be maled and marked in the upper left-hand corner with the name and addreu of the bidder, Identification of the favitation, and the date and hour of opening.
Bida should be Aned out la ink Indelble penelt, or typowriter.
Bidder muat shor total amount old on last sheet on wble bb entered
IMPORTANT INFORMATION AND INSTBUCTIONS TO ALL BIDDERS 1. Two (2) copies of this Invitation are being forwarded to you. If you are interested, mail one (1) copy of your bid completely filled out to this office; retain one (1) copy for your information. Before mailing your bid, check both copies against each other so that you are certain you have an accurate record of your bid. Additional copies will be forwarded to successful bidders for execution in accordance with the original copy.
2. Particular attention is directed to the General Sale Terms and Conditions listed in paragraphs 1 through 16 on page 2, and Special Conditions lettered "A" through “O” on pages 3 and 4. All bids submitted under this invitation must conform in all respects to the terms and conditions specified therein, and any deviation therefrom will be cause for rejection of such bid.
3. Your bid must be made in ink, indelible pencil or typed, and each bid sheet on which a bid is inserted must be signed by the bidder in ink.
4. Initial all corrections or erasures appearing on the bid before mailing to this office.
5. Bid section of page one (1) must be completely filled out. If the bidder is a corporation or partnership, the full name of the firm, the signature of the person authorized to sign, and his full title must be shown. The signature of the person authorized to sign must be written in ink.
Submit your bid on the bas of the unit specified in the invitation. If the unit column lists the unit of each submit your bid by each, and if the unit is indicated as lot, bid accordingly.
7. Make certain that the required 20% deposit is inclosed in cash, certified check of postal money order. Make your check or money order payable to the “Treasurer of the United States". The amount of the deposit should appear in the Bid Section of page one.
8. Receipt of bids. Bids must be received in the Property Disposal Office prior to the time and date of opening as shown on page one of the Invitation to Bid. Allow ample time for mail transmittal. Bidders are urged to secure a postal cancellation stamp on envelopes containing their bids indicating the date and hour of mailing thereof. Mail schedule through the Louisville, Kentucky, Post Office is forwarded to Jeffersonville, Indiana, twice daily.
9. All bidders will be informed of the results of their bids at the earliest possible date.
10. A sample of a properly prepared envelope for mailing your bid is shown on the reverse side of this instruction sheet. Invitations returned to the Property Disposal Officer marked “NO BID” should not be mailed in envelope prepared in accordance with this sample. All correspondence in connection with the Invitation to Bid and resultant sale should be addressed to "Property Disposal Officer, Jeffersonville Quartermaster Depot, Jeffersonville, Indiana.”
11. Bidders who do not respond to Invitation to Bid mailed to them within three (3) consecutive sales will have their names automatically withdrawn from the mailing list unless they specifically request that their names be retained.
12. Bidders are requested not to remove the sheets attached hereto on which bids are not made, as an Invitation to Bid wherein one or more of the bid sheets are removed will not constitute a complete responsive bid. Address of Bidder
Bidders are cautioned to insure that
cannot be accepted.
A. Special Conditions. Special provisions made by the bidder will not be acceptable and will be cause for rejection of bid.
B. Shipping Arrangements. Full arrangements must be made by the soc cessful bidder for all labor involved in the packing, handling, loading, and for transportation of all material awarded as a result of bids submitted on this Invitation. In cases where shipment of property is to be made via common carrier or is to be released to an agent other than the bidder, the bidder must furnish the Property Disposal Office written authorization to release the property to a common carrier or other agent.
C. Removal of Property. All work connected with the removal of the property awarded on this Invitation will be performed in an orderly manner. The bidder agrees that the Government will not be held liable for any injury to workmen or damage to bidder's equipment. No provisions will be made for the removal of property on Saturdays, Sundays, or Holidays. Material will be called for during the hours 8:00 A. M. to 2:00 P. M.
D. Packaging. All items which are baled, bundled, or in containers of any type are so indicated and are sold gross weight to include weight of baling and wrapping material or containers.
E. Eligibility of Bidders. The bidder certifies that he is not an official or employee of the Department of the Army, officer, enlisted man, civilian employee of the Army, or civilian employee of the Army Exchange Service, Army Exhanges, or the U. S. Army Motion Picture Service.
F. Withdrawal of Bids. Bids may be withdrawn (either by written notice or by telegraphic or telephonic notice later confirmed in writing) at any time prior to the time set for opening of bids. Bids May Not be withdrawn subsequent to the time set for opening, but remain open for acceptance by the Government.
G. Telegraphic Bids. Telegraphic or telephonic bids will not be considered, but modification by telegram of bids already submitted will be considered if both the bid and the telegraphic modification thereto are received prior to the hour of the opening of bids.
H. Bidder Interest Warranty. The bidder warrants that he (it) has no interest, directly or indirectly, in any other bid submitted in response to this Invitation. If it should be determined that the bidder has such an interest, then his (its) bid, together with such other bid or bids, shall be rejected.
I. Misrepresentation. The United States Criminal Code (18 U. S. C. 1001) makes it a criminal offense to wilfully make false statements or misrepresentations to any department or agency of the United States as to any matter within its jurisdiction.
J. Inspection. Property described herein may be inspected during regularly scheduled hourly inspection tours from 9:00 A. M. thru 3:00 P. M., Mondays thru Fridays, 6 October 1953 thru 20 October 1953.
K. Variation in Quantity. Any item for which a price per unit is specified in the Invitation of property to be sold, the purchaser agrees to accept and pay at the quoted price for any number of units delivered or offered for delivery by the Government, up to and including twenty-five (25%) percent more or less than the estimated quantity stated in the Invitation.
L. Removal by Rail. In the event that any material offered for sale on this Invitation is removed by rail shipment by the successful bidder, the actual tare weight of the railroad car shall be used instead of the marked tare in determining the net weight. The actual tare weight shall be determined by weighing the empty car, cleaned of all foreign material, before loading. Expense incurred in determining tare and net weight will be borne by the successful bidder and weight certificates will be furnished the Contracting Officer prior to loading cars.
M. Bidder Representation. Certitication appearing on page 1 of Invitation captioned “Bidder Represents” is deleted and the following is substituted therefor: The bidder ((or) contractor) represents: (a) That he has,
has not, employed or retained any company or person (other than a full-time bona fide employee working solely for the bidder ( (or) contractor) to solicit or secure this contract; and (b) that he has, has not, paid or agreed to pay to any company or person (other than a full-time bona fide employee working solely for the bidder ((or) contractor) any fee, commission, percentage, or brokerage fee, contingent upon or resulting from the award of this contract, and agrees to furnish information relating thereto as requested by the contracting officer.
N. Storage Charges. Storage Charges for Non-Removal of Property. All property not removed within 20 calendar days after notice of award, will be subject to a storage charge (See General Sale Terms and Conditions, Condition 7, Page 2 of Contract) and such charge will be paid prior to removal of property. Storage charge will be computed on the following basis : For each of the first five (5) days, or fraction thereof, including Sundays and Holidays (National, State or Municipal), four (4) cents per hundred (100) pounds or fraction thereof. For the sixth and each succeeding day or fraction thereof, including Sundays and legal Holidays, seven (7) cents per hundred (100) pounds or fraction thereof. Minimum storage charge per shipment on freight held beyond free time: Five (5) days or part thereof fifty-two (52) cents ; six (6) days or more, one hundred (100) cents. (Extract from Central States Motor Freight Bureau, Inc. Supplement No. 52 to Motor Freight Tariff No. 224-B Item 1700-D, Page 4.)
0. Potential Danger. Purchaser is cautioned that articles or substances of an inflammable or explosive nature may remain in the property notwithstanding the care exercised to remove same. Purchaser agrees to assume full responsibility for such property and does hereby discharge the Government from any and all liability directly or indirectly resulting therefrom. The Purchaser also agrees to indemnify and hold the Government harmless from any and all claims arising therefrom or incident thereto.