A-13881, AUGUST 25, 1927, 7 COMP. GEN. 144

A-13881: Aug 25, 1927

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SAID STANDARD FORM NO. 33 IS AS FOLLOWS: STANDARD FORM NO. 33. WILL BE RECEIVED AT THIS OFFICE UNTIL . TO FURNISH ANY OR ALL OF THE ITEMS UPON WHICH PRICES ARE QUOTED. DISCOUNTS WILL BE ALLOWED FOR PROMPT PAYMENT AS FOLLOWS: 10 CALENDAR DAYS. THE CONDITIONS REFERRED TO IN THE INVITATION AS BEING ON THE REVERSE OF THE FORM ARE AS OLLOWS: CONDITIONS 1. ITEMS BID ON WILL BE CONSIDERED SEPARATELY OR BY GROUPS AT THE OPTION OF THE PURCHASING OFFICER. 2. THE UNITED STATES RESERVES THE RIGHT TO REJECT ANY AND ALL BID SAND TO WAIVE ANY INFORMALITY IN BIDS RECEIVED WHENEVER SUCH REJECTION OR WAIVER IS IN THE INTEREST OF THE UNITED STATES. 3. ALL SUPPLIES WILL BE SUBJECT TO INSPECTION AT THE TIME OF DELIVERY UNLESS OTHERWISE SPECIFIED.

A-13881, AUGUST 25, 1927, 7 COMP. GEN. 144

CONTRACTS - STANDARD GOVERNMENT SHORT FORM CONTRACT - SECTION 3744, REVISED STATUTES STANDARD FORM NO. 33 PROMULGATED IN BUREAU OF THE BUDGET CIRCULAR NO. 207, EFFECTIVE SEPTEMBER 1, 1927, THROUGHOUT THE GOVERNMENT SERVICE, WHEN PROPERLY EXECUTED, SATISFIES THE REQUIREMENTS OF SECTION 3744, REVISED STATUTES, AS A CONTRACT "REDUCED TO WRITING, AND SIGNED BY THE CONTRACTING PARTIES WITH THEIR NAMES AT THE END THEREOF.'

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, AUGUST 25, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER DATED AUGUST 13, 1927, INCLOSING A LETTER OF THE SAME DATE FROM THE COMMISSIONER OF INDIAN AFFAIRS REQUESTING DECISION WHETHER STANDARD GOVERNMENT SHORT FORM CONTRACT, BEING STANDARD FORM NO. 33, APPROVED BY THE PRESIDENT JULY 29, 1927, AND PROMULGATED IN BUREAU OF THE BUDGET CIRCULAR NO. 207, EFFECTIVE SEPTEMBER 1, 1927, THROUGHOUT THE GOVERNMENT SERVICE, MAY BE USED AS IN COMPLIANCE WITH SECTION 3744, REVISED STATUTES, WHICH PROVIDES THAT- -

IT SHALL BE THE DUTY OF THE SECRETARY OF WAR, OF THE SECRETARY OF THE NAVY, AND OF THE SECRETARY OF THE INTERIOR, TO CAUSE AND REQUIRE EVERY CONTRACT MADE BY THEM SEVERALLY ON BEHALF OF THE GOVERNMENT, OR BY THEIR OFFICERS, UNDER THEM APPOINTED TO MAKE SUCH CONTRACTS, TO BE REDUCED TO WRITING, AND SIGNED BY THE CONTRACTING PARTIES WITH THEIR NAMES AT THE END THEREOF; * * *.

SAID STANDARD FORM NO. 33 IS AS FOLLOWS: STANDARD FORM NO. 33.

STANDARD GOVERNMENT SHORT FORM CONTRACT (SUPPLIES)

(DEPARTMENT OR ESTABLISHMENT) (OFFICE)

(ADDRESS) (DATE)

INVITATION

SEALED BIDS IN ---- SUBJECT TO THE CONDITIONS ON THE REVERSE HEREOF, WILL BE RECEIVED AT THIS OFFICE UNTIL ----- O-CLOCK -- M., ------ AND THEN PUBLICLY OPENED, FOR FURNISHING THE FOLLOWING SUPPLIES, AND/OR SERVICES, DELIVERY ---------------------------------------------------

(NAME) (TITLE) ITEM

AMOUNT

NO. ARTICLES OR SERVICES QUANTITY UNIT UNIT PRICE DOLLARS CENTS ---------

(CONTINUED ON SHEET NO. ------)

(DATE.)

BID

IN COMPLIANCE WITH THE ABOVE INVITATION FOR BIDS, AND SUBJECT TO ALL THE CONDITIONS THEREOF, THE UNDERSIGNED AGREES, IF THIS BID BE ACCEPTED WITHIN ---- DAYS FROM THE DATE OF OPENING, TO FURNISH ANY OR ALL OF THE ITEMS UPON WHICH PRICES ARE QUOTED, AT THE PRICE SET OPPOSITE EACH ITEM, AND, UNLESS OTHERWISE SPECIFIED, WITHIN ---- DAYS AFTER RECEIPT OF ORDER, DELIVERY ----------------. DISCOUNTS WILL BE ALLOWED FOR PROMPT PAYMENT AS FOLLOWS: 10 CALENDAR DAYS, ---- PERCENT; 20 CALENDAR DAYS, ----- PERCENT; 30 CALENDAR DAYS, ----- PERCENT.

(BIDDER.) (ADDRESS.)

BY ----------------------------- TITLE ------------ --

(MEMBER OF FIRM OR PERSON AUTHORIZED TO SIGN BIDS

FOR CORPORATION.) ------------------------------------------ -----------

ACCEPTANCE

(DATE.)

ACCEPTED AS TO ITEMS NUMBERED -------------------------------------- --

(NAME.) (TITLE.)

THE CONDITIONS REFERRED TO IN THE INVITATION AS BEING ON THE REVERSE OF THE FORM ARE AS OLLOWS:

CONDITIONS

1. UNLESS OTHERWISE SPECIFIED BY THE BIDDER, ITEMS BID ON WILL BE CONSIDERED SEPARATELY OR BY GROUPS AT THE OPTION OF THE PURCHASING OFFICER.

2. THE UNITED STATES RESERVES THE RIGHT TO REJECT ANY AND ALL BID SAND TO WAIVE ANY INFORMALITY IN BIDS RECEIVED WHENEVER SUCH REJECTION OR WAIVER IS IN THE INTEREST OF THE UNITED STATES.

3. ALL SUPPLIES WILL BE SUBJECT TO INSPECTION AT THE TIME OF DELIVERY UNLESS OTHERWISE SPECIFIED. SUPPLIES NOT CONFORMING TO THE SPECIFICATIONS MAY BE REJECTED AND IN THAT EVENT SHALL BE PROMPTLY REMOVED BY THE CONTRACTOR AT HIS EXPENSE.

4. TIME, IN CONNECTION WITH DISCOUNT OFFERED, WILL BE COMPUTED FROM DATE CORRECT BILL OR VOUCHER, PROPERLY CERTIFIED BY THE CONTRACTOR, IS RECEIVED OR FROM ACTUAL DATE OF THE DELIVERY OF THE SUPPLIES IN CASE THE LATTER DATE IS LATER THAN THE FORMER. THE DATE ON WHICH A CHECK IS PLACED IN THE MAIL WILL BE CONSIDERED THE DATE OF PAYMENT.

5. IN CASE OF ERROR IN THE EXTENSION OF PRICES IN THE BID THE UNIT PRICES WILL GOVERN.

6. IN CASE OF DEFAULT OF THE CONTRACTOR THE GOVERNMENT MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND HOLD THE CONTRACTOR RESPONSIBLE FOR ANY EXCESS IN COST AND OTHER EXPENSES OCCASIONED THEREBY.

7. NEITHER THIS CONTRACT NOR ANY INTEREST THEREIN SHALL BE TRANSFERRED BY THE CONTRACTOR TO ANY OTHER PARTY.

8. 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, BUT THIS PROVISION SHALL NOT BE CONSTRUED TO EXTEND TO THIS CONTRACT IF MADE WITH A CORPORATION FOR ITS GENERAL BENEFIT.

INSTRUCTIONS TO BIDDERS

1. SAMPLES OF ITEMS, WHEN REQUIRED, MUST BE FURNISHED, FREE OF EXPENSE, PRIOR TO THE OPENING OF BIDS, AND, IF NOT DESTROYED, WILL, UPON REQUEST, BE RETURNED AT THE BIDDER'S EXPENSE.

2. PRICES SHOULD BE STATED IN UNITS OF QUANTITY SPECIFIED WITH PACKING INCLUDED.

3. TIME OF PROPOSED DELIVERY MUST BE STATED IN DEFINITE TERMS. IF TIME VARIES FOR DIFFERENT ITEMS THE BIDDER SHALL SO STATE.

4. IF THE ITEM BID UPON HAS A TRADE NAME OR BRAND, SUCH TRADE NAME OR BRAND MUST BE STATED IN THE BID.

A CONTRACT CONSISTS OF AN OFFER AND AN ACCEPTANCE IN THE TERMS IN WHICH MADE AND THE REQUIREMENTS OF SECTION 3744, REVISED STATUTES, ARE SATISFIED BY THE REDUCTION OF THE OFFER AND ACCEPTANCE TO WRITING AND THE SIGNING OF SAME "BY THE CONTRACTING PARTIES WITH THEIR NAMES AT THE END THEREOF.' SEE UNITED STATES V. SWIFT AND CO., 270 U.S. 122. STANDARD FORM NO. 33 NOT ONLY PROVIDES FOR THE NOTIFICATION OF PROSPECTIVE BIDDERS AS TO THE NEEDS OF THE GOVERNMENT AND AS TO THE CONDITION UNDER WHICH BIDS WILL BE RECEIVED, BUT PROVIDES FOR THE STATEMENT OF THE CONDITIONS OF BOTH THE OFFER AND ACCEPTANCE AND FOR THE SIGNATURE OF THE CONTRACTING PARTIES AT THE END THEREOF. THE STANDARD FORM, WHEN EXECUTED AS INDICATED THEREON, MAY BE ACCEPTED AS IN COMPLIANCE WITH SECTION 3744, REVISED STATUTES. IS ESSENTIALLY DIFFERENT FROM THE PROPOSAL AND ACCEPTANCE CONSIDERED IN 3 COMP. GEN. 314.