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PART 2
<br /> a 15-day written notice of default (calculated from date of mailing), by the Contracting Officer to the extent it was not caused dirtctly or
<br /> and upon Purchaser's failure to cure such default within that period indirectly by the Purchaser, its agents, or employees. With respect to
<br /> (or such further period as the Contracting Officer may allow), the losses only,in the event the property is offered for sale by the"lot",
<br /> Purchaser shall lose all right, title and interest which he might ocher- no adjustment will be authorized under this provision unless the Gov.
<br /> wise have acquired in and to such property as to which a default has ernment is notified of the loss prior to removal from the installation
<br /> occurred.The Purchaser agrees that in the event he fails to pay for the of any portion of the lot with respect to which the loss is claimed.
<br /> property or remove the same within the prescribed period(s) of time,
<br /> the Government at its election and upon notice of default shall be 15. LIMITATION ON GOVERNMENT'S LIABILITY.
<br /> entitled to retain (or collect) as liquidated damages a sum equal to
<br /> the greater of (a) 20% of the purchase price of the items) as to Except for reasonable packing, loading, and transportation costs,
<br /> which the default has occurred,or (b) $25, or the purchaseprice of when a return of property at Government cost is authorized, the mea-
<br /> such item(s) if the purchase price is less than $25: Provided, That in sure of the Government's liability in any case where liability of the
<br /> the event of multiple awards of items under a single Invitation for Government to the Purchaser has been established shall not exceed
<br /> Bids, the amount to be charged, if the minimum charge provided for refund of such portion of the purchase price as the Government may
<br /> in"b" above is applicable, shall be determined by the total purchase have received.
<br /> price reflected in the award documents: Provided further, That the
<br /> maximum sum which may be recovered by the Government as dam. 16. ORAL STATEMENTS AND MODIFICATIONS.
<br /> ages for failure of the Purchaser to pay for and remove the property Any oral statement of representation by any representative of the
<br /> shall be the forumla amount. When the Government exercises this Government, changing or supplementing the representative
<br /> n or contract
<br /> election,it shall specifically apprise the Purchaser, either in its original g pp g
<br /> notice of default (or in separate subsequent written notice), that upon or any Condition thereof, is unauthorized and shall confer no right
<br /> the expiration of the period prescribed for curing the default, the upon the Bidder or Purchaser.
<br /> formula amount will be retained (or collected) by the Government as 17. COVENANT AGAINST CONTINGENT FEES.
<br /> liquidated damages. However, if the property was sold on a "per lot"
<br /> basis and the Purchaser removes a portion of the lot but fails to re- Purchaser warrants that no person or agency has been employed or
<br /> move the balance, no portion of the purchase price will be refunded. retained to solicit or secure this contract upon an agreement or under-
<br /> If the Purchaser otherwise fails in the performance of his obligations, standing for a commission, percentage, brokerage, or contingent fee,
<br /> the Government may exercise such rights and may pursuue such rem- excepting bona fide employees or bona fide established commercial
<br /> idies as are provided bylaw or under the contract. agencies maintained by the Purchaser for the purpose of doing busi-
<br /> ness. For breach of this warranty,the Government shall have the right
<br /> to annul this contract without liability or, at its option, to recover
<br /> The Bidder or Purchaser agrees that the selling agency may use all from the Purchaser the amount of such commission,percentage,brok-
<br /> or a portion of any bid deposit or refund due him to satisfy, in whole erage, or contingent fee, in addition to the consideration herein set
<br /> or in part,any debts arising out of prior transactions with the selling forth.
<br /> agency. 18. OFFICIALS NOT TO BENEFIT.
<br /> 11. INTEREST. No member of or Delegate to Congress or Resident Commissioner
<br /> shall be admitted to any share or part of this contract or to any benefit
<br /> Notwithstanding any other provision of this contract, unless paid that ma arise therefrom, unless it be made with a corporation for its
<br /> amounts that become payable by the Purchaser to the Government general b
<br /> within 30 calendar days from the date of first written demand,all y P
<br /> enefit.
<br /> under this contract shall bear interest at the rate of six percent per 19. DISPUTES.
<br /> annum from the date of first written demand until paid. Irrespective
<br /> j of the amount of the indebtedness,a minimum interest charge of five (a) Except as otherwise provided in the Invitation, an dispute
<br /> dollars ($5) shall be due the Government on any amount exceeding$100 concerning a question of fact arising under this contract which is not
<br /> ema not pard within 30 calendar days from the date of first written disposed of by agreement shall be decided by the Contracting Officer,
<br /> demand.Interest on debts t reso$100rt
<br /> or less will not be collected if such who shall reduce his decision to writingand mail or otherwise furnish
<br /> debts are liquidated without resort to litigation. a copy thereof to the Purchaser. Thdecision of the Contracting
<br /> Officer shall be final and conclusive unless within 30 calendar days
<br /> 12. ADJUSTMENT FOR VARIATION IN QUANTITY OR from the date of receipt of such co y, the Purchaser mails or other-
<br /> WEIGHT. wise furnishes to the Contra tin Officer a written appeal addressed
<br /> Except for term contracts, when property is sold by a unit other to the Secretary. The decision of�the Secretary or his duly authorized
<br /> than "weight", the Governm nt reserves the right to vary the quan- representative for the determination of such appeals shall be final and
<br /> tity tendered or delivered to the Purchaser by 109'; when the prop- conclusive unless determined by a court of competent jurisdiction to
<br /> erty is sold by "weight", the Government reserves the right to vary have been fraudulent, or capricious,or arbitrarv, or so grossly erro-
<br /> the weight tendered or delivered to the Purchaser by 259. The pur- nous as necessarily to imply bad faith,or not supported by substan-
<br /> chase price will be adjusted upwards or downwards in accordance tial evidence. In connection with any appeal proceedingg under this
<br /> with the unit price and on the basis of the quantity or weight actually clause, the Purchaser shall be affordedan opportunity toe heard and
<br /> to offer evidence in support
<br /> delivered. Unless otherwise specifically provided in the Invitation, no ort of his appeal. Pending final decision of a
<br /> adjustment for such variation will be made where property is sold on dispute hereunder, the Purchaser shall proceed diligently with the per-
<br /> a "price for the lot" basis. formance of the contract and in accordance with the Contracting
<br /> Officer's decision.
<br /> 13. WEIGHING, SWITCHING, AND SPOTTING. (b) This "Disputes" condition does not preclude consideration of
<br /> law questions in connection with decisions provided for in (a) above:
<br /> Where weighing is necessary to determine the exact purchase price, Provided, That nothing in this contract shall be construed as making
<br /> the Purchaser shall arrange for and pay all expenses of weighing the final the decision of any administrative official,representative, or board
<br /> property (unless Government scales are available on the premises). on the question of law.
<br /> All switching and spotting charges shall be paid by the Purchaser
<br /> unless such services are performed with Government-owned or Gov- 20. CERTIFICATION OF INDEPENDENT PRICE
<br /> ernment-operated locomotives on Government property. When re- DETERMINATION.
<br /> moval is by truck, weighing shall be under the supervision of the
<br /> Government and at its option on: (a) Government scales, (b) cer- (a) By submission of this bid or proposal, the Bidder or Offeror
<br /> tified scales, or (c) other scales acceptable to both parties. When certifies,and in the case of a joint bid or proposal each party thereto
<br /> removal is by rail, weighing shall be on railroad track scales,or by certifies as to its own organization, that in connection with this sale:
<br /> other means acceptable to the railroad for freight purposes. (1) the prices ir. this bid or proposal have been arrived at indepen-
<br /> dently, without consultation, communication, or agreement, for the
<br /> 14. RISK OF LOSS. purpose of restricting competition, as to any matter relating to such
<br /> prices, with any other bidder or offeror or with any competitor; (2)
<br /> Unless otherwise provided in the Invitation, the Government will unless otherwise required by law, the prices which have been quoted
<br /> be responsible for the care and protection of the property subsequent in this bid or proposal have not been knowingly disclosed by-the Bid-
<br /> to it being available for inspection and prior to its removal. Any loss, der or Offeror and will not knowingly be disclosed by the Bidder or
<br /> damage, or destruction occurring during such period will be adjusted 4 Offeror prior to opening, in the case of a bid, or prior to award, in
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