Raytheon Technical Services Company - RTSC Extranet Support ...

GENERAL SALE TERMS AND CONDITIONS REFERENCE: (Group/Org) __RTSC __ SURPLUS SALE NO. __29-008 ____
1. The bidder certifies that he /she is neither an employee of Raytheon Company nor an immediate member of the
household of a Raytheon Company employee. The bidder further certifies that one or more employee(s) of Raytheon
Company do not own a controlling interest in the bidder’s business.
2. INSPECTION: In no case will failure by a Bidder to inspect the property constitute grounds for any refund adjustment,
or claim or for the withdrawal of a bid after bid opening date.
3. BIDS: Raytheon Company reserves the right to reject any or all bids, or any part thereof, to waive any technical
defects in bids, and, unless otherwise specified by Raytheon Company, or the Bidder, to accept any one item or
groups of items in the bid. Unless otherwise specified, bids may be submitted on any or all items. In case of error in
the extension of prices in the bid, unit prices will govern. Each bid shall remain firm and irrevocable for the period of
ten (10) calendar days after the bid opening date. Raytheon Company reserves the right to withdraw any or all items
from sale.
4. NO WARRANTY: Raytheon Company makes no warranty, guaranty, or representation, expressed or implied, with
respect to the property described herein, including, but without limitation, no warranty, guaranty or representation with
respect to the quality, kind, character, condition, or description of such property, and no warranty, guaranty or
representation with respect to the suitability of such property for any use by any purchaser. All property is offered for
sale “as is” and “where is,” and without recourse against Raytheon Company.
5. ADJUSTMENTS: Raytheon Company additionally makes no warranty, guaranty, or representation, expressed or
implied with respect to the quantity, size or weight of property described herein. However, any variation between the
quantity, size or weight listed, and quantity, size or weight delivered to the Purchaser, will be adjusted on the basis of
the unit price quoted for such item, provided that no claim for adjustment may be made by the Purchaser after
removal of the property, and provided further, that no adjustment will be made where a sale is made on a “price for
the lot” basis.
6. REMOVAL OF PROPERTY: If Purchaser fails to remove the items by the removal date, Raytheon Company shall
have the right to charge the Purchaser, and collect upon demand, a reasonable charge for storing the items.
7. PAYMENT, DEPOSITS AND TAXES: Deposits accompanying bids which are not accepted will be returned. The
deposit of the successful bidder will be applied as part payment of the total purchase price. Unless otherwise
specified, payment of the balance of the purchase price must be made by cash, certified check, cashier’s check, or
money order, prior to the removal of property. In all cases where an approved credit arrangement has been elected,
payment shall be made in full within ten (10) days after the billing date. Unless otherwise stated, in addition to the
prices bid the amount of any present or future sales, use, excise or other similar taxes applicable to the sale of the
items hereunder shall be paid by the Purchaser on, in lieu thereof, Purchaser shall provide Raytheon Company with a
tax exemption certificate acceptable to the taxing authorities.
8. TITLE AND RISK OF LOSS: Title to the terms of property sold hereunder shall vest in the Purchaser as and when
the property is delivered to the Purchaser. All risk of loss of, damage to, or destruction of the property from any cause
whatsoever shall be borne by the Purchaser from and after vesting of title in him/her.
9. VERBAL MODIFICATIONS: Any representations or amendments concerning this Invitation, Bid or Acceptance made
by any person on behalf of Raytheon Company shall not be binding unless made in writing and signed by an
authorized representative of Raytheon Company.
10. INDEMNITY: Bidder agrees to indemnify and save harmless Raytheon Company, its officers, employees, agents and
representatives from and against any and all claims, losses, liabilities, injuries or damages, howsoever caused,
whether to person or property, arising out of the storage, loading, handling or removal of the property.
11. DEFAULT AND DEPOSIT: If the successful bidder fails to make full payment to remove property on the specified
date, or to comply with any other terms and conditions hereof, Raytheon Company reserves the right to sell or
otherwise dispose of any or all such property and to charge losses and expenses incidental thereto to the account of
the defaulting bidder. Raytheon Company may apply the deposit against any such losses and expenses.
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12. LIMITATION ON LIABILITY: In any case where liability of Raytheon Company to the Purchaser has been
established by a court of competent jurisdiction, the extreme measure of such liability shall not, in any event,
exceed refund of such portion of the purchase price as Raytheon Company may have received.
13. INSURANCE: Before removing the property, Purchaser shall submit to Raytheon Company’s Insurance
Section, for approval as to form and substance, the following:
A. A certificate of Workmen’s Compensation Insurance for all of its employees who will be engaged in
the work.
B. Certified copies of Public Liability and Property Damage Insurance policies which Purchaser will
maintain for the benefit of it and Raytheon Company and the latter’s officers employees, agents and
invitees.
14. LICENSES AND PERMITS: Purchaser shall obtain and maintain at its own expense all necessary licenses
and permits, including but not limited to any export licenses which may be required by the U.S. Export
Administration Act and / or the Arms Export Control Act and their implementing regulations, and hereby
indemnifies and agrees to hold Raytheon Company harmless from all liabilities and penalties imposed for
failure so to do.
15. LAWS, ETC.: Purchaser shall comply with all applicable laws, ordinances, codes and regulations, and
hereby indemnifies and agrees to hold Raytheon Company harmless from all liabilities and penalties
imposed for failure so to do. Purchaser shall conform to Raytheon Company’s plant protection procedures.
16. LIENS, ETC: Purchaser shall keep Raytheon Company’s property free from liens, claims and
encumbrances (mechanics, laborers or otherwise) and hereby indemnifies and agrees to hold Raytheon
Company harmless from and against any such lien claim or encumbrance.
17. REPORTS: As and when requested by Raytheon Company, Purchaser shall submit detailed written reports
showing the use and disposition made of the items, together with such substantiating documents as
Raytheon Company requests.
18. SALES OF GOVERNMENT PROPERTY: Each sale of Government-owned property shall be subject to the
approval of the Contracting Officer at Raytheon Company’s plant.
19. ASSIGNMENTS: Raytheon Company shall have the right at any time or times to assign to others all or part
of its rights and obligations under the contract. Purchaser shall not have any such right without the prior
written consent of Raytheon Company.
20. TIME: Time shall be of the essence of the contract.
21. ANTITRUST LAWS: To comply with Section 207 of the Federal Property and Administrative Services Act
of 1949, as amended when property offered for sale has an acquisition cost of $3,000,000 or more; or when
the property consists of patents, processes, techniques, or inventions, irrespective of cost, the successful
bidder will be required to furnish whatever additional information the Government deems necessary or
appropriate under the circumstances. It is expressly understood that the making of any award is contingent
upon receipt of advice from the Attorney General of the United States that the proposed sale would not tend
to create or maintain a situation inconsistent with the Federal antitrust laws.
SPECIAL TERMS & CONDITIONS APPLICABLE TO ALL GOVERNMENT-OWNED PROPERTY
LISTED ON ATTACHED INVITATION TO BID
1. INSPECTION: The Bidder is invited, urged, and cautioned to inspect the property to be sold prior to submitting a bid.
Property will be available for inspection at the places and times specified in the Invitation. In no case will failure to
inspect constitute grounds for the withdrawal of a bid after opening.
2. CONDITION AND LOCATION OF PROPERTY: Unless otherwise specifically provided in the Invitation, all property
listed therein is offered for sale “as is” and “where is.” If it is provided therein that Raytheon Company 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. However, Raytheon Company makes no warranty, express 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. Except as
provided in Conditions No. 8 and 10, no request for adjustment in price or for rescission of the sale will be considered.
This is not a sale by sample.
3. CONSIDERATION OF BIDS: The Bidder agrees that his/her bid will not be withdrawn within the period of time
specified for the acceptance thereof following the opening of bids (sixty (60) calendar days if no period is specified by
Raytheon Company or by the Bidder, but not less than ten (10) calendar days in any case) and that during such period
his/her bid will remain firm and irrevocable. The right is reserved to reject any or all bids, to waive any technical
defects in bids, and unless otherwise specified in the offering or by the Bidder, to accept any one item or group of
items in the bid. Unless the Invitation otherwise provides, bids may be submitted on any or all items. However,
unless the invitation otherwise provides, a bid covering any listed item must be submitted on the basis of the unit
specified for that item and must cover the total number of units designated for that item. In case of error in the
extension of prices, unit prices will govern.
4. PAYMENT: The Purchaser agrees to pay for property awarded to him/her in accordance with the prices quoted in
his/her bid. Payment of the full purchase price, subject to any adjustment pursuant to Condition No. 8, must be made
within the time specified for removal and prior to delivery of any of the property. In the event that any adjustment is
made pursuant to Condition No. 8, payment must be completed immediately subsequent to such adjustment. The
balance of the purchase price after applying the total bid deposit made by the Purchaser (if a bid deposit was
required) under the invitation (or otherwise the full purchase price) shall be paid to Raytheon Company in cash or by
certified check, cashier’s check, traveler’s check, bank draft, or postal or express money order. Raytheon Company
reserves the right to apply any bid deposits made under this invitation by a Bidder against any amounts due to
Raytheon Company under a contract awarded by him/her under this invitation for Bid. In those instances where the
total sum becoming due to Raytheon Company from the Purchaser on a contract awarded to him/her under the
Invitation is less than the total amount deposited with his/her bid, the difference shall be promptly refunded. Deposits
accompanying bids which are not accepted shall be promptly returned.
5. TITLE: Unless otherwise specified in the Invitation, title to the items of property sold hereunder shall vest in the
Purchaser as and when full and final payment is made, except that if the Invitation provides that loading will be
performed by Raytheon Company, title shall not vest until such payment and loading are completed. On all motor
vehicles and motor-propelled or motor-drawn equipment requiring licensing, a certificate of release, Standard Form
97, Certificate of Release of Motor Vehicle, executed by the Contracting Officer (or a State certificate of title), shall be
furnished for each vehicle and piece of equipment.
6. DELIVERY AND REMOVAL OF PROPERTY: Unless otherwise specified in the Invitation, the Purchaser shall be
entitled to obtain the property upon vesting of title of the property in him/her. Delivery shall be made at the designated
location, and the Purchaser shall remove the property at his/her expense within the period of time originally specified
in the Invitation or within such additional time as may be allowed by Raytheon Company. The Purchaser shall
reimburse Raytheon Company for any damage to Raytheon Company’s property caused by the removal operations of
the Purchaser. If the Purchaser is permitted by Raytheon Company to remove the property after the expiration of the
period prescribed or allowed for removal, Raytheon Company, without limiting any other rights which it may have, may
require the Purchaser to pay a reasonable storage charge.
7. DEFAULT: If the successful Bidder fails to make full payment, to remove property on the specified date, or to comply
with any other terms and conditions thereof, the right is reserved to sell or otherwise dispose of any or all such
property and to charge losses and expenses incidental thereto to the account of the defaulting Bidder. The bid
deposit (if required in the Invitation) shall be applied against any such losses and expenses.
8. ADJUSTMENTS FOR VARIATION IN QUANTITY OR WEIGHT: When property is sold on a unit price
basis, Raytheon Company reserves the right to vary the quantity or weight delivered by fifteen percent
(15%) from the quantity or weight listed in the Invitation; and the Purchaser agrees to accept delivery of
any quantity or weight within these limits. The purchase price shall be adjusted upwards or downwards
in accordance with the unit price and on the basis of the quantity or weight actually delivered. No
adjustment for variation shall be made where property is sold on a “price for the lot” basis.
9. WEIGHING: When weighing is necessary to determine the exact purchase price hereunder, the
Purchaser shall arrange for and pay all expenses of weighing materiel. All switching charges shall be
paid by the Purchaser. When removal is by truck, weighing shall be subject to supervision and
accomplished on (A) Raytheon Company scales, (B) certified scales, or (C) 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 purposes. Approved weighing shall establish the exact purchase
price and govern the making of full payment thereon.
10. RISK OF LOSS: After mailing notice of award and prior to the date specified for removal, Raytheon
Company shall be responsible only for the exercise of reasonable care for the protection of the
property. After passage of title and after the date specified for removal or any extension approved in
writing by Raytheon Company, all risk of loss, damage, or destruction from any cause whatsoever shall
be borne by the Purchaser.
11. LIMITATION ON RAYTHEON COMPANY AND GOVERNMENT LIABILITY: The measure of
Raytheon Company and Government liability in any case when liability of Raytheon Company and
Government to the Purchaser has been established shall not exceed refund of such portion of the
purchase price as Raytheon Company may have received.
12. ORAL STATEMENTS AND MODIFICATIONS: Any oral statement or representation by any
representative of Raytheon Company changing or supplementing the contract or any Condition thereof
is unauthorized and shall confer no right upon the Purchaser.
13. ELIGIBILITY OF BIDDERS: The Bidder certifies that he/she is not: (1) Under 21 years of age; (2) a
civilian employee of the Department of Defense or the United States Coast Guard whose duties include
any functional or supervisory responsibility for disposal of Raytheon Company inventory; (3) a member
of the Armed Forces of the United States, including the United States Coast Guard, whose duties
include any functional or supervisory responsibility for disposal of Raytheon Company inventory; (4) an
agent, employee or immediate member of the household of personnel in (2) and (3) above.
14. CLAIMS LIABILITY: The Purchaser or Bidder agrees to save Raytheon Company and Government
harmless from any and all claims, demands, actions, debts, liabilities, judgments, costs, and attorney’s
fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to
property of, and injuries to or the death of any and all persons whatsoever, in any manner caused or
contributed to by the Purchaser or Bidder, their agents, servants or employees, while in, upon, or about
the sale or the property site on which property sold or offered for sale is located or while going to or
departing from such areas; and to save Raytheon Company and Government harmless from and on
account of damages of any kind which Raytheon Company may suffer as the result of the acts of any of
the Purchaser’s agents, servants or employees while in or about the said sites.
15. DANGEROUS PROPERTY: Purchasers are warned that the property purchased may contain items of
an explosive, toxic, or inflammable nature, notwithstanding reasonable care exercised by the Contractor
to render the property harmless. The Contractor and the Government assume no liability for damage to
the property of the Purchaser, or for personal injuries or disabilities to the Purchaser or his/her
employees, or to any other person, arising from or incident to the Purchaser of the property, or its use
or disposition by the Purchaser. The Purchaser shall save the Contractor and the Government
harmless from any and all such claims (Reference DoD FAR Supplement 45.7102-6).
16. SCRAP WARRANTY: Property, other than production scrap, sold as scrap. The Purchaser represents
and warrants that the property will be used only as scrap, in its existing condition or after further
preparation, and will not be resold until (a) scrapping has been accomplished or (b) the Purchaser
obtains an identical warranty from any subsequent Purchaser.