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JEFFERSONVILLE ARMY QUARTERMASTER DEPOT EXHIBIT No. 12
1.E : GOVERNMENT PROPERTY
12-036-5-54-14 ISSUED BY
DATE OF INVITATION Property Disposal Office, Juffcrsonvillo cuart-rmaster Depot 8 September 1953 ADDRESS
NUMBER OF PAGES 1
5 Jeff :rsonville, Indiana
on the reyerte herkefnang special conditions, set forth herein, will be received at. Prop. Disp. orrice, JOLD, until 1:00 o'clock_Pra.CDST 23 Scptcrbor 19_53 for purchase and removal of Government-owned property listed below and on continuation sheets numbered pages Ex 5.
DATE OF BID OPENING Jeffersonvillo Quartermaster Dcpot, Juffursonville, Ind. P.L. COST 23 September '53 NAME
PROPERTY DISPOSAL OFFICER
TO BE SUPPLIED BY BIDDER ITEM NO. DESCRIPTION AND LOCATION OF PROPERTY
QUANTITY UNIT OF (Mumber of Unlia) MEASURE
CAUTION: INSPECT THE PROPERTY
3:00 P.K. Mondays thru Fridays, 8 September thru 22 September
53by contacting Property Disposal Officer, Jeffersonville Quartermaster Depot, Jeffersonville, Ind.
NOTE: Sco Para "/", Special Conditions. Page No. 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 conditions, the undersigned offers and agrees, if this bid be accepted within- calendar days (60 calendar days if no period bo speciAled 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: (1506
PO (Cheet Bergenia obra
EROXXX Soc Spccial Coner
Garnish infor astions Pare the NAME AND ADDRESS OF BIDRER (Sree and number, dty and State)
SIGNATURE OF PERSON AUTHORIZED TO SIGN THIS BID
ACCEPTANCE BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA ACCEPTED AS TO ITEMS NUMBERED
TITLE OF CONTRACTING OFFICER
PROPORT DISPOSAL OESTCR STANDARD PORN 114
AUGUST IN EDITION
1. INSPECTION.-Bidders are invited and urged to inspect the property to be sold prior to submitting bichs 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 CAN will failure to inspect constitute stounds 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 be." and without recourke walnet the Gov. ernment I! it is provided herein that the Government shall load. then "where is" means fob. 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. site, 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 rule based uron failure of the property to correspond with the standard expected: this is not a sale by sample.
3. CONSIDERATION OF HIDS. --The Government reserves the right to relert any or #It beds, to wave any technical defects in bida, and, unless otherwise specified by the Government or by the bidder, lo sceept any one item or group of tems in the bid, as may be in the best interest of the Government. Unless otherwise specified bids biust 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 beds '60 ekleniter days if no perto be specified by the bidder), and will during that time remain form and irrevocable, and that 12) the bidder will pay to the Government the purchase price of the property in accordance with the bid it accepted. 11 abd deposit is required. tbe bid must be accompanied by said bid deposit In the event of any default by the bidder or any failure by the tider to comply with su terms and conditions of this contract, any deposit made by the bidder may tarplied by the Government to only loss. cost, and expense ocasioner to the Government thereby, including any loss cost and expense incurred in telling the property and including any difference between the amount **cified 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 kerepled 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.
6. PAYMENT -- Payment of the balance of the purchase price, it . deposit has been made, or otherwise the full purchase price shelt be made by cash or by certified thick cashier's check bank draft postal or express money order. payable to the Treasurer of the United States Unless otherwise berified by the Government, payment of the full purchase price, subert to any justment for variation in quantity or weight pursuant to Condation No. must be made prior to the date specified for remosal and prior to delivery of any property Ilany such Adjustment is necessary then payment must be rompletel, unless neher. wise sperihed by the Government immerliately subsequent to ad)stnient 11 the sucressful bidder fails to make full and final payment as herein provide the Government reserve the right upon written note to the successful bidder. to sell or otherwise dispose of any or all of such property in the Government session 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 hnal payment is made
unless otherwise recited by the Government, and exrent 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 motor vehicles and motor.propelled or motor drawn equipment requiring licensing. A certificate of release. Standard Form 97 (OF State certi cate of title, if such a certificate of title hne been issurd to the Governe ment). will be furnished for each such vehicle And plece 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 Be Delivery #hall be at the desin nated location, and the Purchaser shall remove the property at his expense The Purchaser shall reimburse the Government for any damage to Government property cound by the retrosal operations of the purchaser 11 the Purchaser fails to remove the property within the specified time, the Government shall have the right to change the Purchaser and collect upon demand resonable storage charge of the property is stored on premises owned or controlled by the Government, or more the property elsewhere for the purchaser Account and all cost incident to such storing including handling and moving charxes, shall be borne and paid by the Purchaser in dition to the foregoing rights, the Government may, after the expiration of thirty (30) days after the rate mecified for removal and upon ten +10) daya' eritten notice (calculated from the date of mailing to the Pura chaser (which ten (10)
ptice may, at the option of the
contracting officer, be included either partly or wholly in the thirty (30) day. specified Above or may be in addition thereto), resell the property. applying the proceeds therefrom against the storage and any other conte incurred for Purchaser's account. Any details regarding removal of the property a, max_not be provided for herein shall be arranged with the contracting officer, wbich 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 Purchaser will be justed on the basis of the unit price quoted for such item: but no adjustment for such variation will be made bere an award is made on "price for the lot" basis.
9. WEIGHING. - Where weighing is necessary to determine price here under the Purchaser, unless otherwise provided, shall arrange for, and Dây all expenses of weighing material, including al switching charges incurred In case of removal by truck. Weinbing shall be under the supervision of the Government and. at its option, on (a) Government scales, or (b) certibed scales in the vicinity of the location of the property
certified scales in the vicinity of the Purchaser's establishment, or (d) other scries acrepuble to both parties. When removal is by rail, weigbing shall be on railroad track scale, or by other means acceptable to the railroad for freigh charge pur Does. Government approved weighing shall govern peynent.
10. RISK OF LOSS (1) Alter mailing notice of Ivard, and prior to Donnage 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 wuch period will be adjusted by the contracting officer. (2) After Damage 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 car where liability of the Government to the Purchaser has been established, the extreme measure of the Government's liability shall not. In any event, exed refund of the purchase price of ruch 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 tbe Purchaser.
13. COVENANT AGAINST CONTINGENT FEES.-Purchaser war. rants that no person or selling Agency has been employed or retained to shoot or secure this contract upon an agreement or understanding for a common percentage brokerage, or contingent fee. Icepting bone file employees or buna de established composereial or selling geneles maintained by the Purchaser for the purpose of doing businese For breach of this warranty the Government shall have the right to annul th: contract without lability 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 met forth.
14. OFFICIALS NOT TO BENEFIT.-No Member of or Delegate to Congress or Resident Commisioner shall be admitted to any share or part of this contract or to any benefit that may arise therefron, ualen it be made with a corporation for its general benefit.
15. DISPUTES. Except as otherwise specifically provided in the contract, all questions of feet involved in disputes arising under this contract shall be decided by the contractink ofiter, whose decision upon
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 wald fects shall be final and conclusive upon the parties hereto. In the meantime, the Purchaser shell diligently proceed with performance.
16. DEFINITIONS.-(a) The term "head of the department and herein shall mean the head or Any csintant head of the executive depertment or independent establishment involved, end the term plodoy Authorized representative" shall mean any person or persona, other than the contracting other, authorized to act for him, or any board met up a accordance with regulatione
(b) The term "contracting officer" us sed herein shall include ble duly appointed successor and his duly authorized representan
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. Identication of the invitation, and the date and hour of opening.
Bids abould be Alled out in ink, Indelible peneil, or typewriter.
Buder must show total amount bid on last weet on which did la entered.
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 "P" 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.
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 percent 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, Ky., Post Office is forwarded to Jeffersonville, Ind., 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, Ind."
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 constitute a complete responsive bid. Address of Bidder
Bidders are cautioned to insure that sufficient postage has been affixed to bids transmitted by mail. Since the Government is without authority to pay all or any part of the postage required for transmission of letters, any bids offered for delivery by the Post Office Department on a "postage due” basis cannot be accepted.
Property Disposal Officer
Bid for Sale of Government Material
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. 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 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, 8 September thru 22 September 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 unit 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. 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.
N. Storage Charges. Storage Charges for Nonremoval 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 for 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. Scrap Warranty. The undersigned represents and warrants to the United States that the property covered by this agreement was offered as scrap, that he is purchasing or retaining it only as scrap, and that he will sell and ship or use it only as scrap, either in its existing condition or after further preparation.
P. 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.