be purchaser's authority to remove purchased material from Navy premises upon full payment of purchase price. (c) Certified records of the auctioneer and the Navy recorder shall be conclusive, and all disputes will be resolved in accordance with such records. No deviations or adjustments from the names, amounts, and prices shown therein will be made. 3. 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 place and time specified on page 1 of invitation. The Government will not be obligated to furnish any labor for such purpose. In no case will failure to inspect constitute grounds for a claim or for the withdrawal of a bid once such bid is made. 4. 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 is" 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, 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. 5. Payment.-Payment of the balance of the purchase price, if a deposit has been made, or otherwise of the full purchase price, shall be 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, or in such other form as may be acceptable to the contracting officer, within 5 days after date of auction. Payment and delivery may be accomplished simultaneously. 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 vest until such loading and such payment are completed. 7. Liquidated damages.-In the event the purchaser fails to carry out any of the terms of this contract, the deposit paid by the purchaser in an amount equal to one-quarter of the contract price shall be retained by the Government as liquidated damages and the purchaser shall lose any right, title and interest therein, and in and to the material. 8. 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 designated location and the purchaser shall remove the property at his expense. The purchaser shall reimburse Government for any damage to Government property caused by the removal operations of the purchaser. No material may be removed prior to the week following completion of sale; material must be removed thereafter within 5 working days from the Monday following the sale. A working day means any day Monday through Friday excepting national or State holidays. 9. Adjustment for variation in quantity.—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 items; but no adjustment for such variation will be made where an award is made on a “price for the lot" basis. 10. Weighing.-Where weighing is necessary to determine price hereunder, the Government 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 on Government scales. When removal is by rail, weighing shall be on railroad tracks scales, or by other means acceptable to the railroad for freight charge purposes. Government-approved weighing shall govern payment. 11. Risk or loss.-(1) After 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 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 propertty. (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. 12. 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 of such portion thereof as the Government may have received. 13. Verbal modifications.—Any oral statement by any representative of the Government or by the auctioneer, modifying or changing any conditions of this contract, is an expression of opinion only and confers no right upon the purchaser. 14. 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 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 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. 15. 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 provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the contracting officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the contractor. Within 30 days from the date of receipt of such copy, the contractor may appeal by mailing or otherwise furnishing to the contracting officer a written appeal addressed to the Secretary, and the decision of the Secretary or his duly authorized representative for the hearing of such appeals shall, unless determined by a court of competent jurisdiction to have been fraudulent, arbitrary, capricious, or so grossly erroneous as necessarily to imply bad faith, be final and conclusive: Provided, That if no such appeal is taken, the decision of the contracting officer shall be final and conclusive. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the contractor shall proceed diligently with the performance of the contract and in accordance with the contracting officer's decision. 17. Any or all.—When quantities of similar or identical items are sold per unit in any of the above lots, oral bids may be made for any or all of the items (units) listed in that lot. Awards will be made to the highest acceptable bidder for the quantity bid for, the balance becoming available to the next highest acceptable bidder, and so on, until all of the material has been awarded. The right is reserved to award any bidder less than the quantity bid for (unless the bidder specifies otherwise) if 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 bid is equal to or in excess of the total of the highest acceptable individual bids 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. 18. Assumption of risk.—All responsibility for safety assumed by purchaser; the Government assumes no risk. 19. Interest warranty.-The Purchaser warrants that he (she) is not an officer or enlisted member of the United States Navy, or a member of the immediate household of such an officer or enlisted member, and further, that he (she) is not an officer or employee of the United States Navy, nor an agent for any of the above-mentioned persons. 20. Special. At the final drop of the hammer, the auctioneer will determine the successful bidder for each lot. 1 Lot consisting of the following.. 22,000 each, spring, steel, zinc-plated, 24 Packed in 45 wooden cases. 2 Mask, oxygen, breathing apparatus: various types and sizes; manufacturer: Mine Safety Appliance Co. 3 4 5 6 7 8 Mask, gas, all-purpose; manufacturer: Mine Jacob ladders, rope; 25 each; ladders, rope: 5 Wood ladders as follows. 20 each, wood ladder, for shipboard use on 42 each, wood ladder, for shipboard use on 9 each, wood ladder, for shipboard, use on 30 packages (25 sheets per package) radio- 48 packages (25 sheets per package) radio- 238 rolls photofluorographic film, X-ray, 35 558 rolls photoflure safety film for photo- 675 boxes (50 packets per box) dosimeter 93 packages radiographic film, X-ray, 5 by 7. 1 lot.. 9 10 Wool blankets, various sizes and colors, used... 3, 252.00 4,336.00 75 1 Graphotype embossing machine, hand 14 15 16 17 18 19 1 National cash register, electrically op- Burroughs billing machine, motor driven. Kardex rotary file cabinet, electrically driven, Fire and acid buckets, 3-gallon capacity, 15 20 Copper alloy nozzels, fire, nonadjustable nom- 21 22 23 24 25 Lot of fire-fighting equipment consisting of 32 Bronze valves, carbon-dioxide, type I, class A, 26 Fireproof protective bedding covers for mat 222 27 tresses. Canvas litter and splint sets... ELECTRONIC TUBES (28-43) 28 Electronic tubes, type 2J22; manufacturer, Sylvania. Electronic tubes, vacuum type QK-249; manu facturer, Raytheon. Electronic tubes, type 15R 300 each.. ...do. ..do. ...do. .do. 47 48 49 50 Carrying cases, removable 8-section compart. etc. Griswold roasting ovens, electric, 2 each; Edi- Steel 3-shelf tables, top and center shelf have 2 ELECTRONIC TUBES (51-83) Iconoscope tubes, type 1846. 52 Electron ray tubes, type 1629.. Transmitting triode tubes, type 1500T. Gas switching tubes, 171 each; transmitting and 186 each. 65. 10 3, 720.00 Transmitting UHF triode tubes, type GL434A. 17, 152.00 2 60 Electronic tubes, type 5 BP1. Grid controlled gas rectifier tubes, type 722A. Do.. _do.. 60.00 2, 000. 00 Mystron tubes, type 2K33A. 66 67 68 Transmitting UHF oscillator magnetron tubes, Ballast type tubes, type 3-38A. Cathode ray tubes, type 3D PI-52A. 72 Electrode gas switching tubes, type 709-A.. .do. 60.00 2,000.00 330 each. 60.00 3,300.00 433333N 12 2 162 each (1) 22,356.00 ..do. ..do.. 5, 500.00 82 Receiving UHF triode amplifier converter tubes, type 708A. .do.. 5, 500.00 5,500.00 5,500.00 5,500.00 |