You can buy this...but there's a catch

[RickH]

They want your money and they're still gonna tell you what you can do with your new property !!

CASA 352L (JU-52/3M)

PROPOSAL NUMBER: NMUSAF Solicitation 08-001

POINTS OF CONTACT: PATRICIA A. OCHS (937) 255-4770
Patricia.Ochs@wpafb.af.mil


NMUSAF/MU
1100 Spaatz Street
Wright-Patterson AFB OH 45433-7102

BACKGROUND: Property offered consists of one CASA 352L (JU-52/3M), T.2B-244 aircraft currently owned by the National Museum of the United States Air Force (NMUSAF) and was donated by the Spanish Air Force in 1972. The aircraft is without maintenance records and the data plate is missing. The aircraft will be available for static display only and no Bill of Sale will be issued.

CLOSING DATE/TIME: 12 November 2008, 1600 Hours EST

All proposals must be received by 1600 hours EST on 12 November 2008.

Proposals must be clearly marked on the outside of the envelope as follows:

“NMUSAF Solicitation 08-001, Due: 12 November 2008 at 1600 hours”

Proposals should be submitted on the proposal form provided in this package and signed by an authorized representative. Proposals must be valid for a nine-month period commencing on
12 November 2008

Proposals must be accompanied by a completed DLA Form 1822, “End Use Certificate”. (A copy of this certificate and instructions for completion may be obtained via the internet at:

http://www.drms.dla.mil/catalog/forms/form1822.pdf

or by request from NMUSAF/MU

Telephonic (including fax) and telegraphic proposals are not acceptable.

INSPECTION: The Bidder is invited, urged, and cautioned to inspect the property prior to submitting an exchange bid. Property will be available for inspection at Wright-Patterson AFB OH by appointment only from 27 October through 7 November Please contact Patricia Ochs to set an appointment time and date.

PHYSICAL LOCATION: Wright-Patterson AFB OH

CONDITION OF PROPERTY: All property listed is offered for exchange “as is” and “where is”. The Government 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. All military distinctive markings must be removed, destroyed or obliterated. No request for adjustment in price or for rescission of the Exchange will be considered.

CONSIDERATION OF PROPOSALS: The Bidder agrees that his/her proposal will not be withdrawn within the nine-month period specified and that during such period his/her proposal will remain firm and irrevocable. The Government reserves the right to reject any or all proposals, including proposals under which a Bidder would take unfair advantage of the Government or other Bidders.

DEFAULT: If, after the award, the Bidder (hereinafter Exchanger) breaches the contract by failure to establish an escrow account within the time frame allowed by the Exchange, then the NMUSAF may send the Exchanger a 15-day written notice of default (calculated from date of mailing) and upon Exchanger’s failure to cure such default within that period the Exchanger shall lose all right, title and interest which he/she might otherwise have acquired in and to such property as to which a default has occurred.

EXCHANGE OF PROPERTY: An Exchange for specific items/services from specific suppliers between the NMUSAF and the Exchanger will be drafted. Upon award of exchange, the potential Exchanger’s End Use Certificate will be processed through the Defense Logistics Agency for a Trade Security Control check, this can take up to 6 months. After receipt of Defense Logistics Agency (DLA) approval, the Exchange will be processed through HQ Air Force Material Command to HQ United States Air Force for approval. The Exchange process normally takes approximately 6-8 weeks after receipt of approval from the DLA. DLA approval normally takes 6 months. These time frames may be subject to change based on current military conditions.

Upon receipt of final approval, a copy of the Exchange will be mailed to the Exchanger for signature.
The Exchange will require the Exchanger to establish an escrow account within 25 days of final signatures on the agreement in the amount quoted in his/her proposal to be utilized to purchase items/services from specific suppliers for the NMUSAF. No monies will be placed in escrow until after the exchange agreement has been signed by both parties.

TITLE: Title to the property offered in Exchange will pass to the Exchanger upon receipt a signed Exchange Agreement and of official notification from an FDIC insured institution that an escrow account in the amount agreed upon has been established for the purpose of purchasing the items specified by the Museum.

ORAL STATEMENTS AND MODIFICATIONS: Any oral statement or representation by any representative of the Government, changing or supplementing this solicitation or any condition thereof, is unauthorized and shall confer no right upon the Bidder. Further, no interpretation of any provision of the Exchange, including applicable performance requirements, shall be binding on the Government unless furnished or agreed to, in writing, by the Government.

MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by written notice and a proposal also may be withdrawn in person by a Bidder or his/her authorized representative, provided his/her identity is made known and he/she signs a receipt for the proposal.

CONSIDERATION OF LATE PROPOSALS, MODIFICATIONS OR WITHDRAWALS: Proposals and modifications or withdrawals thereof, must be in the possession of the NMUSAF prior to 1600 Hours,
12 November 2008. Any proposal, modification or withdrawal received after 1600 Hours, 12 November 2008 will not be considered.

TRADE SECURITY CONTROL REQUIREMENTS: The use, disposition, export and re-export of this property is subject to all applicable U.S. laws and regulations, including the Arms Export Control Act (PL 90-629), the Export Administration Act of 1979 (P.L. 96-72) (continued under Executive Order 12924); the International Traffic in Arms Regulations (22 CFR 120 et seq.); the Export Administration Regulations (15 CFR 730 et seq.); the Foreign Assets Control Regulations (31 CFR 500 et seq.); and the Espionage Act (18 U.S.C. 793 et seq.) which among other things, prohibits:

a. The making of false statements and concealment of any material information regarding the use or disposition, export or re-export of the property, and

b. Any use or disposition, export or re-export of the property which is not authorized in accordance with the provisions of the above cited laws and regulations.

Before any export or re-export of this property is attempted, contact the Office of Defense Trade Controls, Department of State and the Bureau of Export Administration, Department of Commerce to obtain a validated export license or other authorization.

AWARD OF EXCHANGE: The Exchange will be awarded to that responsible Bidder whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. A written award mailed (or otherwise furnished) to the successful Bidder within the time frame for acceptance provided in the Solicitation shall be deemed to result in a binding contract without any further action by either party. The Government reserves the right to reject any or all proposals, including proposals under which a Bidder would take unfair advantage of the Government or other Bidders.

OMBUDSMAN: Potential Exchangers with serious concerns, issues, disagreements, and/or recommendations are invited to contact ASC’s Ombudsman, Mr. Michael Higgens, ASC/SYI, 1790 10th Street, Room 102.01, WPAFB OH 45433, (937) 255-6005.

[Warbird Kid]

Why wouldn't they possibly want an example of Hitler's hauler?

[Taylor Stevenson]

Hey S.B. or B.C., what are your thoughts on this???

[EDowning]

Well, I guess you could buy it and scrap it, if you aren't allowed to fly it and no bill of sale, I can't think of any other use for it.

[Dan K]

Well, I guess you could buy it and scrap it, if you aren't allowed to fly it and no bill of sale, I can't think of any other use for it.

Could make a pretty nice tool shed or chicken coop.

[EDowning]

Dan K wrote:

Could make a pretty nice tool shed or chicken coop.

Are you referring to the JU-52 or the NMUSAF? I have alot of tools. In some circles I have even been called a "tool". Not so many chickens, though.

[Warbird Kid]

Dan K wrote:

Could make a pretty nice tool shed or chicken coop.

Are you referring to the JU-52 or the NMUSAF? I have alot of tools. In some circles I have even been called a "tool". Not so many chickens, though.

You and me both.

[muddyboots]

part the darn thing out and let them sort it out when they decide to make you give it back

[JDK]

Serious question -

...and no bill of sale, I can't think of any other use for it.

What does the bill of sale work as? Is it a receipt? Does it give you title to the object? Is it normal or appropriate to sell something without a bill of sale? What rights or liabilities are being messed with here?

OK, let's say someone has a heavily corroded Ju-52/3m. They buy this one, transfer the data plate from my (sorry, my 'friends') junker Junkers and off they fly. Right?

[muddyboots]

Erm...could you DO that?

[noizeedave]

Wow they must have me, Im so confused....So i think I have to pay them for the right to say I purchased something that I didnt get a receipt for, but can say I really did buy it, but I also cant fly it and when they feel Im too confused they can take it back, but Im in trouble if I damage the thing I didnt buy.....Wow.....WHere do I sign, and one day someone will have to tell me what I just did! Cause all I got is that there's a firm possibly, of a definite maybe that someday I might truely own this wonderful Item that I cant have in the end????

I love laywers......

[JDK]

Erm...could you DO that?

Gee, no, that's never happened with any warbird. At all. Ever.

That's the black limmo outside now.

[bdk]

What does the bill of sale work as? Is it a receipt? Does it give you title to the object? Is it normal or appropriate to sell something without a bill of sale? What rights or liabilities are being messed with here?

OK, let's say someone has a heavily corroded Ju-52/3m. They buy this one, transfer the data plate from my (sorry, my 'friends') junker Junkers and off they fly. Right?

Normally a bill of sale is required to register a transfer of ownership with the FAA. You need to show an unbroken chain of ownership. No bill of sale, no proof of ownership, no FAA registration in you name. It ceases to be an aircraft at that point, just a static display. Possession is 9/10ths of the law I guess, but if you ever chose to resell, how do you prove it's yours?

Mighty hard to move static display too.

As for the dataplate question, that would be OK if you could get takeoff clearance.

[JDK]

Normally a bill of sale is required to register a transfer of ownership with the FAA. You need to show an unbroken chain of ownership. No bill of sale, no proof of ownership, no FAA registration in you name.

Thanks bdk. Can someone legally sell you something and withhold the bill of sale? Seems a bit dubious to me. If it's a loan, that would be different. If this is a loan, why expect to have to pay for it? It is a 'hire'?

[n5151ts]

and a dat plate or 2 then you buy it for parts and use it to "rebuild" the parts you have