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JEFFERSONVILLE ARMY QUARTERMASTER DEPOT EXHIBIT No. 10
CAUTION: INSPECT THE PROPERTY
and 3:00 Honduys thru Friday, 15-Scpictuber thru 29 Suitcrater
, 1953-by contacting Property Dispest Gificer, tu tofsonville fablettormustir in st, Jeiferto.vills, Inda NOTE: SC Ria" j", Special conditions, futeti 3
A bid deposit of 20 percent of the total amount bid, in the form of postal 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 20 calendar days after notice of award, unless otherwise specified in the description or in any special condition, time to be computed from the date of mailing or otherwise furnishing said notice. BID
DATE OF BID In compliance with the above invitation, and subject to all the General Sale Terms and Conditions and any special conditione, the under signed offers and agrees, if this bid be accepted within calendar days (60 calendar days il no period be specified by the bidder) after date of the opening, to purchase any or all of the items described herein upon which prices are quoted, at the price set opposite each item. Bid deposit in the amount of $
is enclosed. BIDDER REPRESENTS:xxxbur sheeee!cgate mygbecocemployees of the bidder and its affiliates je
. DUASIRIXOURInty Scc Spuciul Condimente da fortui..ban. AD LUDOS Aplica) Jä.R.BUND CODES. ULARGA 90Dolno.
X.20. Jatim this to a.s.sequestsd by the contracting Officer fiorno Roofiess OP-BIDDER (Sred end au maber, city and State)
SIGNATURE OF PERSON AUTHORIZED TO SIGN THIS BID
GENERAL SALE TERMS AND CONDITIONS
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 Gov. ernment will not be obliged to furnish any labor for such purpose. In no case will failure to inspect constitute grounds for 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 Gov. ernment. If it is provided herein that the Government shall load, then "where is" means 1. o. b. conveyance at the point specified in the Invitation. The deseription is based on the best available information, but the Government makes no ruaranty warranty, or representation, expressed or implied, as to quantity. kind, character, quality, weishi. size, 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 efects 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 bide 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 160 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
Government the purchase price the property in accordance with the bid if accepted a bid deposit is required the bid must be accompanied by said bid Jeposit In the event of any del ault 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 mas
by the Government to any loss, cost, and expense occasione! 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. Deposit 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.
8. PAYMENT.- Payment of the balance of the purchase price. If a depoxit has been made, or otherwise of the full purchase price, hall be made by cash or by certified check cashier's check, bank draft, portal or express money order. payable to the Treasurer of the United States Unless otherwise specified by the Government. Payment of the full purchiuse price subject to any adjustment for variation in quantity Spreitiel for removal and prior to delivery of any property or weishe pursuant to Condition No 8. must be made prior to the date
17 ny such adjustment is necessary, then payment must be completed, unless other. wise specified by the Government, immediately subsequent to adjustment. If the suecessful bidder fails to make full and final payment is berein provided the Government reserves the right, opon 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 wil in no way be released from full compliance with the terms and conditions of the sale by his resale of the property.
6. TITLE.-Title to the items of property sold hereunder shall vest in the Purchaser as and when full and final payment is 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 veut until such loading and such payment are completed. On all motor vehicles and motor-propelled or motor drawn equipment requiring licensink. A certificate of release. Standard Form 9: cor * State certificate of title, if such a certificate of title has been issued to the Government), will be furnished for each auch vehiele and piece of equipment.
7. DELIVERY AND REMOVAL OF PROPERTY.-The Purchaser shall be entitled to obtain the property opon vesting of title of the property in him. unless otherwise specified in the Invitation to Bid. Delivery shall be at the designatel location, and the Purchaser shall remove the property at his
The Purchaser shall reimburse the
sed by the
borne and paint by the Purchaser : in addit to the foreguing rights, the Government may, after the expiration of thirty (30) days after the date specified for removal, and upon ten (10) nays' written notice fealeulated from the date of mailing to the Pur. chaser (which ten (10) days written notice may, at the option of the
contracting officer. be included either partly or wholly in the thirty (30)
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 Purchaser will be adjusted on the basis of the unit price quoted for such item; but no adjustment for such variation will be made were an award is made on "price for the lot" basis.
9. WEIGHING.-Where weighing is necessary to determine price here. under, the Purehaser, unless otherwise provided, shall arrange for, and pay all expenses of weighing material, ineluding all switching charges incurred. In case of removal by truck, weighing shalt be under the supervision of the Government and, at its option, on (a) Government seules, or (b) certified scales in the vicinity of the location of the property, or el 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 wales, or by other means acceptable to the Tailroad for freight charge Dur DOHC 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 contracting otheer. (2) Alter passage of title to the Purchaser, and prior to the dale specifier 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 us 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.
13. COVENANT AGAINST CONTINGENT FEES.- Purchaser war. to solicit or secure this contract upon an arrement or understanding for rants that no person or selling agency has been employed or retained a commission, percentne brokerage, or contingent fee. excepting bona fide 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 thall 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 set forth.
14. OFFICIALS NOT TO BENEFIT. – No Member of or Delegate ti 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
15. 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 eontracting officer, whose decision upon said lacts shall be Anal and conelusive upon the parties, subjert to written appeal by the Purchaser within thirty (30) days to the head of the department or his duly authorized representative whose decision on unid facts shall be Anal and conclusive upon the parties hereto. In the meantime, the Purchaser shall diligently proceed with performance.
16. DEFINITIONS.-() The term "head of the department" us used herein shall mean the head or any assistant hend of the executive depart. ment 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 maled and marked in the upper left-hand corner with the name and address of the bidder, identifcation of the invitation, and the date and hour of opening
Bids should be filled out in ink, indelible penell, or typewriter.
Bidder must show total amount bid on last sheet on whleb, bld is entered.
IMPORTANT INFORMATION AND INSTRUCTIONS 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 certin 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 "M" 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 ofice.
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.
6. Submit your bid on the basis 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 or 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 scheduled 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 name 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 constiute a complete responsive bid. Address of Bidder
Bidders are cautioned to insure that
cannot be accepted.
SPECIAL CONDITIONS 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 successful 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. NOTE: 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 Exchanges, 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 USC 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, 15 September 1953 thru 29 September 1953.
K. 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, cleared of all foreign material, before loading. Expense incurred by determination of net and tare weight will be borne by the successful bidder and weight certificates will be furnished the Contracting Officer prior to loading cars.
L. Bidder Representation. Certification 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, o 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.
M. 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).