Raytheon Technical Services Company SURPLUS SALE 70-210
Raytheon Technical Services Company SURPLUS SALE 70-210
Raytheon Technical Services Company SURPLUS SALE 70-210
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GENERAL <strong>SALE</strong> TERMS AND CONDITIONS REFERENCE: (Group/Org) ____RTSC __ <strong>SURPLUS</strong> <strong>SALE</strong> NO. __<strong>70</strong>-<strong>210</strong> ____<br />
1. The bidder certifies that he /she is neither an employee of <strong>Raytheon</strong> <strong>Company</strong> nor an immediate member of the household<br />
of a <strong>Raytheon</strong> <strong>Company</strong> employee. The bidder further certifies that one or more employee(s) of <strong>Raytheon</strong> <strong>Company</strong> do not<br />
own a controlling interest in the bidder‟s business.<br />
2. INSPECTION: In no case will failure by a Bidder to inspect the property constitute grounds for any refund adjustment, or<br />
claim or for the withdrawal of a bid after bid opening date.<br />
3. BIDS: <strong>Raytheon</strong> <strong>Company</strong> reserves the right to reject any or all bids, or any part thereof, to waive any technical defects in<br />
bids, and, unless otherwise specified by <strong>Raytheon</strong> <strong>Company</strong>, or the Bidder, to accept any one item or groups of items in the<br />
bid. Unless otherwise specified, bids may be submitted on any or all items. In case of error in the extension of prices in the<br />
bid, unit prices will govern. Each bid shall remain firm and irrevocable for the period of ten (10) calendar days after the bid<br />
opening date. <strong>Raytheon</strong> <strong>Company</strong> reserves the right to withdraw any or all items from sale.<br />
4. NO WARRANTY: <strong>Raytheon</strong> <strong>Company</strong> makes no warranty, guaranty, or representation, expressed or implied, with respect<br />
to the property described herein, including, but without limitation, no warranty, guaranty or representation with respect to the<br />
quality, kind, character, condition, or description of such property, and no warranty, guaranty or representation with respect<br />
to the suitability of such property for any use by any purchaser. All property is offered for sale “as is” and “where is,” and<br />
without recourse against <strong>Raytheon</strong> <strong>Company</strong>.<br />
5. ADJUSTMENTS: <strong>Raytheon</strong> <strong>Company</strong> additionally makes no warranty, guaranty, or representation, expressed or implied<br />
with respect to the quantity, size or weight of property described herein. However, any variation between the quantity, size<br />
or weight listed, and quantity, size or weight delivered to the Purchaser, will be adjusted on the basis of the unit price<br />
quoted for such item, provided that no claim for adjustment may be made by the Purchaser after removal of the property,<br />
and provided further, that no adjustment will be made where a sale is made on a “price for the lot” basis.<br />
6. REMOVAL OF PROPERTY: If Purchaser fails to remove the items by the removal date, <strong>Raytheon</strong> <strong>Company</strong> shall have<br />
the right to charge the Purchaser, and collect upon demand, a reasonable charge for storing the items.<br />
7. PAYMENT, DEPOSITS AND TAXES: Deposits accompanying bids which are not accepted will be returned. The deposit<br />
of the successful bidder will be applied as part payment of the total purchase price. Unless otherwise specified, payment of<br />
the balance of the purchase price must be made by cash, certified check, cashier‟s check, or money order, prior to the<br />
removal of property. In all cases where an approved credit arrangement has been elected, payment shall be made in full<br />
within ten (10) days after the billing date. Unless otherwise stated, in addition to the prices bid the amount of any present or<br />
future sales, use, excise or other similar taxes applicable to the sale of the items hereunder shall be paid by the Purchaser<br />
on, in lieu thereof, Purchaser shall provide <strong>Raytheon</strong> <strong>Company</strong> with a tax exemption certificate acceptable to the taxing<br />
authorities.<br />
8. TITLE AND RISK OF LOSS: Title to the terms of property sold hereunder shall vest in the Purchaser as and when the<br />
property is delivered to the Purchaser. All risk of loss of, damage to, or destruction of the property from any cause<br />
whatsoever shall be borne by the Purchaser from and after vesting of title in him/her.<br />
9. VERBAL MODIFICATIONS: Any representations or amendments concerning this Invitation, Bid or Acceptance made by<br />
any person on behalf of <strong>Raytheon</strong> <strong>Company</strong> shall not be binding unless made in writing and signed by an authorized<br />
representative of <strong>Raytheon</strong> <strong>Company</strong>.<br />
10. INDEMNITY: Bidder agrees to indemnify and save harmless <strong>Raytheon</strong> <strong>Company</strong>, its officers, employees, agents and<br />
representatives from and against any and all claims, losses, liabilities, injuries or damages, howsoever caused, whether to<br />
person or property, arising out of the storage, loading, handling or removal of the property.<br />
11. DEFAULT AND DEPOSIT: If the successful bidder fails to make full payment to remove property on the specified<br />
2<br />
date, or to comply with any other terms and conditions hereof, <strong>Raytheon</strong> <strong>Company</strong> reserves the right to sell or otherwise<br />
dispose of any or all such property and to charge losses and expenses incidental thereto to the account of the defaulting<br />
bidder. <strong>Raytheon</strong> <strong>Company</strong> may apply the deposit against any such losses and expenses.<br />
12. LIMITATION ON LIABILITY: In any case where liability of <strong>Raytheon</strong> <strong>Company</strong> to the Purchaser has been established<br />
by a court of competent jurisdiction, the extreme measure of such liability shall not, in any event, exceed refund of such<br />
portion of the purchase price as <strong>Raytheon</strong> <strong>Company</strong> may have received.<br />
13. INSURANCE: Before removing the property, Purchaser shall submit to <strong>Raytheon</strong> <strong>Company</strong>‟s Insurance Section, for<br />
approval as to form and substance, the following:<br />
A. A certificate of Workmen‟s Compensation Insurance for all of its employees who will be engaged in the work.<br />
B. Certified copies of Public Liability and Property Damage Insurance policies which Purchaser will maintain for the<br />
benefit of it and <strong>Raytheon</strong> <strong>Company</strong> and the latter‟s officers employees, agents and invitees.<br />
14. LICENSES AND PERMITS: Purchaser shall obtain and maintain at its own expense all necessary licenses and<br />
permits, including but not limited to any export licenses which may be required by the U.S. Export Administration Act<br />
and / or the Arms Export Control Act and their implementing regulations, and hereby indemnifies and agrees to hold<br />
<strong>Raytheon</strong> <strong>Company</strong> harmless from all liabilities and penalties imposed for failure so to do.<br />
15. LAWS, ETC.: Purchaser shall comply with all applicable laws, ordinances, codes and regulations, and hereby<br />
indemnifies and agrees to hold <strong>Raytheon</strong> <strong>Company</strong> harmless from all liabilities and penalties imposed for failure so to<br />
do. Purchaser shall conform to <strong>Raytheon</strong> <strong>Company</strong>‟s plant protection procedures.<br />
16. LIENS, ETC: Purchaser shall keep <strong>Raytheon</strong> <strong>Company</strong>‟s property free from liens, claims and encumbrances<br />
(mechanics, laborers or otherwise) and hereby indemnifies and agrees to hold <strong>Raytheon</strong> <strong>Company</strong> harmless from and<br />
against any such lien claim or encumbrance.<br />
17. REPORTS: As and when requested by <strong>Raytheon</strong> <strong>Company</strong>, Purchaser shall submit detailed written reports showing the<br />
use and disposition made of the items, together with such substantiating documents as <strong>Raytheon</strong> <strong>Company</strong> requests.<br />
18. <strong>SALE</strong>S OF GOVERNMENT PROPERTY: Each sale of Government-owned property shall be subject to the approval of<br />
the Contracting Officer at <strong>Raytheon</strong> <strong>Company</strong>‟s plant.<br />
19. ASSIGNMENTS: <strong>Raytheon</strong> <strong>Company</strong> shall have the right at any time or times to assign to others all or part of its rights<br />
and obligations under the contract. Purchaser shall not have any such right without the prior written consent of<br />
<strong>Raytheon</strong> <strong>Company</strong>.<br />
20. TIME: Time shall be of the essence of the contract.<br />
21. ANTITRUST LAWS: To comply with Section 207 of the Federal Property and Administrative <strong>Services</strong> Act of 1949, as<br />
amended when property offered for sale has an acquisition cost of $3,000,000 or more; or when the property consists of<br />
patents, processes, techniques, or inventions, irrespective of cost, the successful bidder will be required to furnish<br />
whatever additional information the Government deems necessary or appropriate under the circumstances. It is<br />
expressly understood that the making of any award is contingent upon receipt of advice from the Attorney General of<br />
the United States that the proposed sale would not tend to create or maintain a situation inconsistent with the Federal<br />
antitrust laws.<br />
SPECIAL TERMS & CONDITIONS APPLICABLE TO ALL GOVERNMENT-OWNED PROPERTY<br />
LISTED ON ATTACHED INVITATION TO BID<br />
1. INSPECTION: The Bidder is invited, urged, and cautioned to inspect the property to be sold prior to submitting a bid.<br />
Property will be available for inspection at the places and times specified in the Invitation. In no case will failure to<br />
inspect constitute grounds for the withdrawal of a bid after opening.<br />
2. CONDITION AND LOCATION OF PROPERTY: Unless otherwise specifically provided in the Invitation, all property<br />
listed therein is offered for sale “as is” and “where is.” If it is provided therein that <strong>Raytheon</strong> <strong>Company</strong> shall load, then<br />
“where is” means f.o.b. conveyance at the point specified in the Invitation The description is based on the best available<br />
information. However, <strong>Raytheon</strong> <strong>Company</strong> makes no warranty, express or implied, as to quantity, kind, character,<br />
quality, weight, size, or description of any of the property or its fitness for any use or purpose. Except as provided in<br />
Conditions No. 8 and 10, no request for adjustment in price or for rescission of the sale will be considered. This is not a<br />
sale by sample.<br />
3. CONSIDERATION OF BIDS: The Bidder agrees that his/her bid will not be withdrawn within the period of time specified<br />
for the acceptance thereof following the opening of bids (sixty (60) calendar days if no period is specified by <strong>Raytheon</strong><br />
<strong>Company</strong> or by the Bidder, but not less than ten (10) calendar days in any case) and that during such period his/her bid<br />
will remain firm and irrevocable. The right is reserved to reject any or all bids, to waive any technical defects in bids,<br />
and unless otherwise specified in the offering or by the Bidder, to accept any one item or group of items in the bid.<br />
Unless the Invitation otherwise provides, bids may be submitted on any or all items. However, unless the invitation<br />
otherwise provides, a bid covering any listed item must be submitted on the basis of the unit specified for that item and<br />
must cover the total number of units designated for that item. In case of error in the extension of prices, unit prices will<br />
govern.<br />
4. PAYMENT: The Purchaser agrees to pay for property awarded to him/her in accordance with the prices quoted in<br />
his/her bid. Payment of the full purchase price, subject to any adjustment pursuant to Condition No. 8, must be made<br />
within the time specified for removal and prior to delivery of any of the property. In the event that any adjustment is<br />
made pursuant to Condition No. 8, payment must be completed immediately subsequent to such adjustment. The<br />
balance of the purchase price after applying the total bid deposit made by the Purchaser (if a bid deposit was required)<br />
under the invitation (or otherwise the full purchase price) shall be paid to <strong>Raytheon</strong> <strong>Company</strong> in cash or by certified<br />
check, cashier‟s check, traveler‟s check, bank draft, or postal or express money order. <strong>Raytheon</strong> <strong>Company</strong> reserves the<br />
right to apply any bid deposits made under this invitation by a Bidder against any amounts due to <strong>Raytheon</strong> <strong>Company</strong><br />
under a contract awarded by him/her under this invitation for Bid. In those instances where the total sum becoming due<br />
to <strong>Raytheon</strong> <strong>Company</strong> from the Purchaser on a contract awarded to him/her under the Invitation is less than the total<br />
amount deposited with his/her bid, the difference shall be promptly refunded. Deposits accompanying bids which are not<br />
accepted shall be promptly returned.<br />
5. TITLE: Unless otherwise specified in the Invitation, title to the items of property sold hereunder shall vest in the<br />
Purchaser as and when full and final payment is made, except that if the Invitation provides that loading will be<br />
performed by <strong>Raytheon</strong> <strong>Company</strong>, title shall not vest until such payment and loading are completed. On all motor<br />
vehicles and motor-propelled or motor-drawn equipment requiring licensing, a certificate of release, Standard Form 97,<br />
Certificate of Release of Motor Vehicle, executed by the Contracting Officer (or a State certificate of title), shall be<br />
furnished for each vehicle and piece of equipment.<br />
6. DELIVERY AND REMOVAL OF PROPERTY: Unless otherwise specified in the Invitation, the Purchaser shall be<br />
entitled to obtain the property upon vesting of title of the property in him/her. Delivery shall be made at the designated<br />
location, and the Purchaser shall remove the property at his/her expense within the period of time originally specified in<br />
the Invitation or within such additional time as may be allowed by <strong>Raytheon</strong> <strong>Company</strong>. The Purchaser shall reimburse<br />
<strong>Raytheon</strong> <strong>Company</strong> for any damage to <strong>Raytheon</strong> <strong>Company</strong>‟s property caused by the removal operations of the<br />
Purchaser. If the Purchaser is permitted by <strong>Raytheon</strong> <strong>Company</strong> to remove the property after the expiration of the period<br />
prescribed or allowed for removal, <strong>Raytheon</strong> <strong>Company</strong>, without limiting any other rights which it may have, may require<br />
the Purchaser to pay a reasonable storage charge.<br />
7. DEFAULT: If the successful Bidder fails to make full payment, to remove property on the specified date, or to comply<br />
with any other terms and conditions thereof, the right is reserved to sell or otherwise dispose of any or all such property<br />
and to charge losses and expenses incidental thereto to the account of the defaulting Bidder. The bid deposit (if<br />
required in the Invitation) shall be applied against any such losses and expenses.<br />
8. ADJUSTMENTS FOR VARIATION IN QUANTITY OR WEIGHT: When property is sold on a unit price basis,<br />
<strong>Raytheon</strong> <strong>Company</strong> reserves the right to vary the quantity or weight delivered by fifteen percent (15%) from the<br />
quantity or weight listed in the Invitation; and the Purchaser agrees to accept delivery of any quantity or weight within<br />
these limits. The purchase price shall be adjusted upwards or downwards in accordance with the unit price and on the<br />
basis of the quantity or weight actually delivered. No adjustment for variation shall be made where property is sold on<br />
a “price for the lot” basis.<br />
9. WEIGHING: When weighing is necessary to determine the exact purchase price hereunder, the Purchaser shall<br />
arrange for and pay all expenses of weighing materiel. All switching charges shall be paid by the Purchaser. When<br />
removal is by truck, weighing shall be subject to supervision and accomplished on (A) <strong>Raytheon</strong> <strong>Company</strong> scales, (B)<br />
certified scales, or (C) other scales acceptable to both parties. When removal is by rail, weighing shall be on railroad<br />
track scales or by other means acceptable to the railroad for freight purposes. Approved weighing shall establish the<br />
exact purchase price and govern the making of full payment thereon.<br />
10. RISK OF LOSS: After mailing notice of award and prior to the date specified for removal, <strong>Raytheon</strong> <strong>Company</strong> shall<br />
be responsible only for the exercise of reasonable care for the protection of the property. After passage of title and<br />
after the date specified for removal or any extension approved in writing by <strong>Raytheon</strong> <strong>Company</strong>, all risk of loss,<br />
damage, or destruction from any cause whatsoever shall be borne by the Purchaser.<br />
11. LIMITATION ON RAYTHEON COMPANY AND GOVERNMENT LIABILITY: The measure of <strong>Raytheon</strong> <strong>Company</strong><br />
and Government liability in any case when liability of <strong>Raytheon</strong> <strong>Company</strong> and Government to the Purchaser has been<br />
established shall not exceed refund of such portion of the purchase price as <strong>Raytheon</strong> <strong>Company</strong> may have received.<br />
12. ORAL STATEMENTS AND MODIFICATIONS: Any oral statement or representation by any representative of<br />
<strong>Raytheon</strong> <strong>Company</strong> changing or supplementing the contract or any Condition thereof is unauthorized and shall confer<br />
no right upon the Purchaser.<br />
13. ELIGIBILITY OF BIDDERS: The Bidder certifies that he/she is not: (1) Under 21 years of age; (2) a civilian<br />
employee of the Department of Defense or the United States Coast Guard whose duties include any functional or<br />
supervisory responsibility for disposal of <strong>Raytheon</strong> <strong>Company</strong> inventory; (3) a member of the Armed Forces of the<br />
United States, including the United States Coast Guard, whose duties include any functional or supervisory<br />
responsibility for disposal of <strong>Raytheon</strong> <strong>Company</strong> inventory; (4) an agent, employee or immediate member of the<br />
household of personnel in (2) and (3) above.<br />
14. CLAIMS LIABILITY: The Purchaser or Bidder agrees to save <strong>Raytheon</strong> <strong>Company</strong> and Government harmless from<br />
any and all claims, demands, actions, debts, liabilities, judgments, costs, and attorney‟s fees arising out of, claimed on<br />
account of, or in any manner predicated upon loss of or damage to property of, and injuries to or the death of any and<br />
all persons whatsoever, in any manner caused or contributed to by the Purchaser or Bidder, their agents, servants or<br />
employees, while in, upon, or about the sale or the property site on which property sold or offered for sale is located or<br />
while going to or departing from such areas; and to save <strong>Raytheon</strong> <strong>Company</strong> and Government harmless from and on<br />
account of damages of any kind which <strong>Raytheon</strong> <strong>Company</strong> may suffer as the result of the acts of any of the<br />
Purchaser‟s agents, servants or employees while in or about the said sites.<br />
15. DANGEROUS PROPERTY: Purchasers are warned that the property purchased may contain items of an explosive,<br />
toxic, or inflammable nature, notwithstanding reasonable care exercised by the Contractor to render the property<br />
harmless. The Contractor and the Government assume no liability for damage to the property of the Purchaser, or for<br />
personal injuries or disabilities to the Purchaser or his/her employees, or to any other person, arising from or incident to<br />
the Purchaser of the property, or its use or disposition by the Purchaser. The Purchaser shall save the Contractor and<br />
the Government harmless from any and all such claims (Reference DoD FAR Supplement 45.7102-6).<br />
16. SCRAP WARRANTY: Property, other than production scrap, sold as scrap. The Purchaser represents and warrants<br />
that the property will be used only as scrap, in its existing condition or after further preparation, and will not be resold<br />
until (a) scrapping has been accomplished or (b) the Purchaser obtains an identical warranty from any subsequent<br />
Purchaser.