Will be reported to Personal Property Utilization Division, Federal Supply Personal Property Utilization Division, Federal Supply Personal Property Utilization Division, Federal Supply Personal Property Utilization Division, Federal Supply Personal Property Utilization Division, Federal Supply Personal Property Utilization Division, Federal Supply Personal Property Utilization Division, Federal Supply Personal Property Utilization Division, Federal Supply APPENDIX C ARMS, AMMUNITION, AND IMPLEMENTS OF WAR Proclamation No. 2776 (March 26, 1948, 13 F. R. 1623) ENUMERATION OF ARMS, AMMUNITION, AND IMPLEMENTS OF WAR Whereas section 12 (i) of the joint resolution of Congress approved November 4, 1939, provides in part as follows (54 Stat. 11; 22 U. S. C. A. 452 (i)); "The President is hereby authorized to proclaim upon recommendation of the [National Munitions Control] Board from time to time a list of articles which shall be considered arms, ammunition, and implements of war for the purposes of this section Now, therefore, I, Harry S. Truman, President of the United States of America, acting under and by virtue of the authority conferred upon me by the said joint resolution of Congress, and pursuant to the recommendation of the National Munitions Control Board, and in the interest of the foreign-affairs functions of the United States, hereby declare and proclaim that the articles listed below shall, on and after April 15, 1948, be considered arms, ammunition, and implements of war for the purposes of section 12 of the said joint resolution of Congress: CATEGORY I-SMALL ARMS AND MACHINE GUNS Rifles, carbines, revolvers, pistols, machine pistols, and machine guns (using ammunition of caliber .22 or over); barrels, mounts, breech mechanisms, and stocks therefor. CATEGORY II-ARTILLERY AND PROJECTORS Guns, howitzers, cannon, mortars, and rocket launchers (of all calibers), military flame throwers, military smoke, gas, or pyrotechnic projectors; barrels, mounts, and other components thereof. CATEGORY III-AMMUNITION Ammunition of caliber .22 or over for the arms enumerated under (I) and (II) above; cartridge cases, powder bags, bullets, jackets, cores, shells (excluding shotgun); projectiles and other missiles; percussion caps, fuzes, primers, and other detonating devises for such ammunition. CATEGORY IV-BOMBS, TORPEDOES, AND ROCKETS Bombs, torpedoes, grenades, rockets, mines, guided missiles, depth charges, and components thereof; apparatus and devices for the handling, control, discharge, detonation, or detection thereof. CATEGORY V-FIRE-CONTROL EQUIPMENT AND RANGE FINDERS Fire-control equipment, range, position and height finders, spotting instruments, aiming devices (gyroscopic, optic, acoustic, atmospheric, or flash), bomb sights, gun sights, and periscopes for the arms, ammunition, and implements of war enumerated in this proclamation. CATEGORY VI-TANKS AND ORDNANCE VEHICLES Tanks, armed or armored vehicles, armored trains, artillery and small-arms repair trucks, military half tracks, tank recovey vehicles, tank destroyers; armor plate, turrets, tank engines, tank-tread shoes, tank bogie wheels and idlers therefor. CATEGORY VII-POISON GASES AND TOXICOLOGICAL AGENTS All military toxicological and lethal agents and gases; military equipment for the dissemination and detection thereof and defense therefrom. CATEGORY VIII-PROPELLANTS AND EXPLOSIVES Propellants for the articles enumerated in categories III, IV, and VII; military high explosives. CATEGORY IX-VESSELS OF WAR Vessels of war of all kinds, including amphibious craft, landing craft, naval tenders, naval transports and naval patrol craft, armor plate and turrets therefor; submarine batteries and nets, and equipment for the laying, detection, and detonation of mines. CATEGORY X-AIRCRAFT Aircraft; components, parts, and accessories therefor. CATEGORY XI-MISCELLANEOUS EQUIPMENT (a) Military radar equipment, including components thereof, radar countermeasures and radar jamming equipment; (b) military stereoscopic plotting and photointerpretation equipment; (c) military phototheodolites, telemetering and Doeppler equipment; (d) military super-high-speed ballistic cameras; (e) military radiosondes; (f) military interference suppression equipment; (g) military clectronic computing devices; (h) military miniature and subminiature vacuum tubes and photoemissive tubes; (i) military armor plate; (j) military steel helmets; (k) military pyrotechnics; (1) synthetic training devices for military equipment; (m) military ultrasonic generators; (n) all other material used in warfare which is classified from the standpoint of military security. Effective April 15, 1948, this proclamation shall supersede proclamation 2717, dated February 14, 1947 [12 F. R. 1127]. (Proc. No. 2549, Apr. 9, 1942, 7 F. R. 2769, 56 Stat. 1948, enumerating arms, ammunition, and implements of war was superseded by Proc. No. 2717, Feb. 14, 1947, 12 F. R. 1127.) A bid deposit of 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 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 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: (Check appropriate boxes) (1) That the aggregate number of employees of the bidder and its affiliates is 500 or more, less than 500. (2) That he has, has not, employed or retained a company or person (other than a fulltime employee) to solicit or secure this contract, and agrees to furnish information relating thereto as requested by the contracting officer. PACE 2 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 Government will not be obliged 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 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 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. 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 bidder will pay to the Government the purchase price of the property 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 bids 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. 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. Unless otherwise specified by the Government, payment of the fuil purchase price, subject to any adjustment for variation in quantity or 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 otherwise specified by the Government, immediately subsequent to adjustment. If the successful bidder fails to make fuli 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. 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. On all motor vehicles and motor-propelled or motor-drawn equipment requiring licensing, a certificate of release, Standard Form 97 (or a State certificate of title, if such a certificate of title has been issued to the Government), 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 designated location, and the Purchaser shall remove the property at his expense. The Purchaser shall reimburse the Government for any damage to Government property caused by the removal operations of the Purchaser. If the Purchaser fails to remove the property within the specified time, the Government shall have the right to charge the Purchaser and collect upon demand a reason reasonable storage charge if the property is stored on premises owned or controlled by the Government, or store the property elsewhere for the Purchaser's account, and all costs incident to such storing, including handling and moving charges, shall be borne and paid by the Purchaser; in addition to the foregoing rights, the Government may, after the expiration of thirty (30) days after the date specified for removal, and upon ten (10) days' written notice (calculated 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) 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 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 property. (8) 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. 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 agreement or understanding for a commnission, 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. 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. 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 contracting officer, whose decision upon said 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 said facts shall be final and conclusive upon the parties hereto. In the meantime, 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 la entered. |