PURCHASE ORDER NO. 55596E TO CHARLES BRUNING COMPANY, INC., DALLAS, TEXAS (BRUNING TRAVELING LIGHT VACUUM FRAME)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP64B00187A000700160032-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: July 11, 2002
• Sequence Number: 32
• Publication Date: August 25, 1959
• Content Type: MEMO

Approved For Release 2002/07/23 : CIA-RDP64B00187A000700160032-1
25 August 1959
STATINTL
Subject:
Purchase Order No. 55596E to Charles Bruning Compare , Inc.,
Dallas, Texas (Bruning Traveling Light Vacuum Frame
To fulfill the needs of the program it had been determined that a traveling
light vacuum frame would be required. This need was concurred in by the
customer in the prime contract.
Procurement
The specification for this machine included that it have the capacity to
handle 60" x 180" drawings. All known sources were contacted with the
result that Dietzgen stated its largest was 60" x iii.". Only Bruning
Company offers a machine of the size to meet Convair's specification. As
a result the purchase order was issued to that firm. The item was received
on 1 June 1959 and Invoice No. ID6616 for $9,950.00 was received on 18
June 1959. Bruning's quotation included the statement that the price is
the standard advertised price and no lower price is quoted to other
customers.
Conclusion
Based on above, Convair placed subject purchase order so as to yield
maximum benefits to Convair and its customer.
Approved For Release 2002/07/23 : CIA-RDP64B00187A000700160032-1
 INSP.
OR
MISC.
COPY
NOTE
C 0 N V A kppRv g}egse 2PJJRC EBO 1 gR"PN L
LB ACK-
A DIVISION OF GENERAL DYNAMICS CORPORATION OFIW-527-11-58 ING LISTS, INVOICES
(FORT WORTH) SERIES A PAGE OF AND COMMUNICATIONS.
TO:
Charles Bruning b perm ,
VENDOR NO. MODEL ACCOUNT NO. PURCHASE ORDER DATE
Inc. 1 5^k"Tt] 4-P-8-5!9
1936 McKinney Ave.
USE CODE REQUISITON DATE
WORK ORDER NO. CONTRACT NO.
Bs11as, Texas
31-85 oit
MATERIAL NO. CASH TERMS
FREIGHT ALLOWANCE
^ NONE ^ SEE BELOW
DELIVER ALL. MATERIALS F.O.B.
- NOTE: PARCEL POST, EXPRESS
SHIPMENTS. MAIL AND IN-
?
1 "` VOICES SHOULD BE ADDRESSE
D TO FORT WORTH, TEXAS. UYER
SHIP VIA:
Bill of L d;"'" `'
--r I
o loc R P. P. SEE BELOW-----*
HT
LCL AND
FR
I
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CARLOAD SHIPMENTS ARE
-
MARK ALL SHIPPING CONTAINERS ATT:
,
OTOR
E
G
ALL
TO BE MADE TO BENBROOK, TE
XAS. GROUP ' 25
AND PACKING SHEETS
(ITEM NO.I
(QUANTITY I
UNIT
I T E M D ESC R I P T I ON
PRICE
a1N1
UNIT PRICE
TOTAL PRICE
1
1
E
. Brun vel
ight Vacuum Frame #5236L 641t x 180" complete
ea
. 9.,950-00
with a tin Pu re
d et, but not including lass .
TATINTL
SCHEDULED
YEAR JAN. FEB. MAR. APR. MAY JUNE J LY AUG.
SEPT. OCT. NOV. DEC.
DELIVERY
AT BUYERS'
PLANT
A31 QI
LII~)
INSPECTION: A I material above is subject to
_
inspection at
`NOTE SHIPPING INSTRUCTIONS: IF PERMITTED BY POSTAL REGULATIONS. SHIP TO FORT WORTH, TEXAS, VIA PARCEL POST NOT INSURED. IF PARCEL POST NOT PERMITTED,
SHIP TO BENBROOK. TEXAS ON COLLECT COMMERCIAL BILL OF LADING. ROUTE VIA
DO NOT USE OTHER ROUTING WITHOUT AUTHORITY FROM THIS OFFICE. RAIL EXPRESS. AIR EXPRESS. AND AIR FREIGHT SHIPMENTS WHEN AUTHORIZED. MUST BE MADE AT RE-
LEASED VALUATION AT LOWEST RATE.
"ACCEPTANCE: This Purchase Order (in-
cluding continued page(s) if indicated above)
constitutes Buyer's offer to Seller, and be-
comes a binding contract on the terms and
conditions set forth herein, including those
on the reverse side hereof, when it is ac-
cepted by the Seller either by acknowledg-
ment or the commencement of performance
hereof. No revisions of this order or any of
the terms and conditions thereof shall be
valid unless in writing and signed by an
authorized representative of Buyer; and no
condition stated by Seller in accepting or
acknowledging this order shall be binding
upon Buyer if in conflict with, inconsistent
with, or in addition to the terms and, con-
ditions contained herein unless expressly ac-
cepted in writing by Buyer."
GENERAL DYNAMICS CORPORATION
CONVAIR DIVISION
STATINTL
APPROVED
BY
(FORT WORTH) Approved For R.
 -$!! ~''?WgFftlease 2002/07/23: ChVfj t ~ 1t t 8 ardeplant premises for the
nor coxing, cratm , carting or storage umeas otherwise speciiiea; anal maters, snau
be suitably packs to secure lowest transportation costs, and in accordance with the
requirements of common carriers. Buyer's purchase order numbers and symbols
must be plainly marked on all invoices, packages, bills of lading and shipping orders.
Packing list shall accompany each box or package shipment showing Buyer's pur-
chase order number and symbol, item number and description of materials. Buyer's
count or weight shall be final and conclusive on shipments not accompanied by park-
ing lists. Shipping receipts or bills of lading shall be sent to Buyer's Traffic Depart-
ment on date material is shipped. Goods shall be packed to assure against damage
from weather or transportation. Invoices shall be mailed in triplicate to the atten-
tion of Buyer's Accounting Department immediately after each shipment.
2. Warranty: Seller warrants that all material and work covered by this purchase
order will conform to applicable specifications, drawings, samples and/or other de-
scriptions given and will be merchantable and free from defect in workmanship and
material. Unless the materials, or articles covered by this purchase order are manu-
factured completely to detailed design furnished by Buyer, Seller warrants design.
The warranties of the Seller, together with its service warranties and guarantees,
shall run to the Buyer and/or its customers.
3. Inspection: If a specification number is noted for the articles ordered, Seller
shall, upon request, furnish a notarized report confirming manufacture of the articles
according to specification. This report shall bear Buyer's purchase order number and
a description of the articles shipped, and must be received prior to or at the time of
arrival of the articles unless otherwise agreed to by the Buyer.
Seller shall provide a complete inspection system, satisfactory to Buyer, covering
the inspection of all materials, fabricating methods, jigs, fixtures, dies and finished
articles.
All articles ordered will be subject to final inspection and approval by Buyer after
delivery, notwithstanding prior payment, it being expressly agreed that payment
shall not constitute final acceptance. Buyer may reject any article which contains
defective material or workmanship or does not conform to specifications or samples.
Rejected articles may be returned at Seller's risk and expense at the full invoice price
plus applicable incoming transportation charges, if any. No replacement of rejected
articles shall be made unless specified by Buyer.
4. Delivery: Except as hereinafter specified, delivery shall be strictly in accord-
ance with the delivery schedule of this purchase order. If Seller's deliveries fail to
meet such schedule with the result that Buyer elects to call upon Seller for express
shipments, Seller will allow the difference between freight and express rates. Parts
fabricated beyond Buyer's releases are at Seller's risk. Invoices covering material
shipped in advance of specifications will not be paid unless otherwise agreed until
their normal maturity after the date specified for delivery.
Notwithstanding the provisions of the preceding paragraph, neither party shall be
liable for delays or defaults due to causes beyond its control and without its fault or
negligence; provided however, that when the Seller has reason to believe that deliv-
eries will not be made as scheduled, written notice setting forth the cause of the an-
ticipated delay shall be given immediately to Buyer.
5. Statement of Account: A statement of account must be sent to Buyer's Ac-
counting Department as soon as possible after the first of each month. Delays in
receiving statement or invoice, and also errors and omissions on statement, will be
considered just cause for withholding settlement without losing discount privilege.
6. Special Tools:
(a) Unless otherwise herein agreed, special dies, tools and patterns used in the
manufacture of the articles herein ordered shall be furnished by and at the expense
of Seller, shall be kept in good conditions and, when necessary, shall be replaced by
Seller without expense to Buyer.
(b) Upon agreement of the parties Buyer may at any time reimburse Seller for
the cost of the whole or any part of said special dies, tools and patterns and replace-
ments, and become the owner and entitled to the possession of same.
(c) If the price stated on the face hereof includes separately the cost of any dies,
tools and/or patterns acquired by Seller for the purpose of filling this purchase or-
der, such dies, tools and/or patterns shall become the property of Buyer and Seller
shall, to the extent feasible, identify said property as Buyer directs. When this pur-
chase order has been completed, such tools shall be disposed of as Buyer may direct.
7. Buyer Owned or Furnished Material: Seller assumes complete liability for any
Buer -owned or Buyer-furnished tooling, articles or materials unless furnished to
Seller a charge basis in connection with this purchase order and Seller agrees to
pay for all such tooling, articles or materials spoiled by it or not otherwise satisfac-
torily accounted for, subject however to the provisions of Article (i) in event Govern-
ment Contract number is shown on the face of this purchase order. Title to the afore-
said Buyer-owned or Buyer-furnished tooling, articles or materials shall at all times
remain in Buyer.
8. Insurance: Seller agrees, if and when requested by Buyer, to procure a policy
or policies of insurance in form satisfactory to the Buyer, insuring all property on
Seller's premises owned by Buyer against loss or damage resulting from fire (in-
cluding extended coverage), malicious mischief and vandalism. Satisfactory evidence
of procurement of such insurance shall be submitted to Buyer within a reasonable
period of time after such request by Buyer.
9. Changes: If the articles to be furnished, hereunder are to be specifically manu-
factured in accordance with Buyer's drawings and specifications Buyer may by writ-
ten order make changes in drawings or specifications. Any difference in price or
time for performance resulting from such change will be equitably adjusted and the
purchase order modified in writing accordingly.
10. Advertising: Seller shall not, without first obtaining the written consent of
Buyer, in any manner advertise or publish the fact that Seller has furnished or con-
tracted to furnish to Buyer the articles herein mentioned.
11. Patent Indemnity: Seller agrees to indemnify Buyer and its customers against
any liability, including costs and expenses, for or by reason of any actual or alleged
patent infringement arising out of the manufacture, use, sale or disposal of supplies
or articles furnished under this purchase order, except where such supplies or articles
would be normally non-infringing but are rendered infringing by reason of Seller's
compliance with Buyer's detail design and stated requirement for specific structure
and Seller gives prompt notice of any claim of infringement related thereto.
12. Patent Rights: Where payment is made for experimental, developmental or
research work as such, to be performed in accordance with special requirements of
the Buyer, Seller agrees to disclose and on re. uest to assign to Buyer each invention
resulting therefrom. All proprietary rights embodied in designs, tools, patterns, draw-
ings, information and equipment supplied by Buyer under this purchase order are re-
served and their use is restricted to the work to be performed hereunder.
13. Compliance with Applicable Laws, etc.:: Seller agrees that, in the performance
hereof, it will comply with all applicable laws, statutes, rules, regulations or orders
of the United States Government, or any state or political subdivision thereof, and
same shall be deemed incorporated herein by reference.
14. Cancellation: Buyer reserves the right to cancel all'or any part of the unde-
livered portion of this purchase order if Seller does not make deliveries as provided
in this purchase order or if Seller breaches any of the terms hereof, including the
warranties of Seller. Buyer shall also have the right to terminate this purchase order
or any part thereof in the event of the happening of any of the following: insolvency
of Seller; filing of a voluntary petition in bankruptcy; filing of an involuntary peti-
tion to have Seller declared bankrupt, provided it is not vacated within thirty (30)
days from the date of filing; the appointment of a receiver or trustee for Seller, pro-
vided such appointment is not vacated within thirty (30) days from the date of such
appointment; the execution by Seller of an assignment for the benefit of creditors.
The remedies provided in this section shall be cumulative and additional to any other
or further remedies provided in law or equity..
15. Assignment: Seller may not assign this purchase order, or any portion thereof,
except that Seller may, upon the prior written consent of Buyer, assign claims for
that these goods will be produced in compliance with all applicable requirements of
Sections 6, 7 and 12 of the Fair Labor Standards Act of 1938, as amended, and lawful
regulations and orders of the Administrator of the Wage and Hour Division issued
under Section 14 thereof.
WHEN GOVERNMENT CONTRACT NUMBER IS SHOWN ON FACE,
THIS PURCHASE ORDER IS SUBJECT ALSO TO THE FOLLOWING
ADDITIONAL TERMS AND CONDITIONS
(a) Nondiscrimination in Employment:
(1) In connection with the performance of work under this purchase order,
the Seller agrees not to discriminate against any employee or applicant for employ-
ment because of race, religion, color or national origin. The aforesaid provision shall
include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship.
The Seller agrees to post hereafter in conspicuous places, available for employees and
applicants for employment, such notices as are provided by the Buyer and/or the
Government setting forth the provisions of the nondiscrimination clause.
(2) The foregoing shall not apply to the extent that this purchase order is
for standard commercial supplies or raw materials.
(b) Espionage: Seller will report to the United States Government immediately
when known, any danger of espionage or sabotage; it will supply, if requested, the
full name, citizenship and country of birth, and alien status of any of its employees;
and it will refuse to employ, or will discharge any person or persons whose access to
the work in connection with the filling of this purchase order shall be characterized
as undesirable by the United States Government.
(e) Military Security Requirements:
(1) The provisions of this article shall apply to the extent that this purchase
order involves access to Security information classified "Top Secret," "Secret," or
"Confidential."
(2) The Buyer shall notify the Seller of the security classification of this pur-
chase order and the elements thereof, and of any subsequent revisions in such se-
curity classification, by the use of a Security Requirements Check List (DD Form
254) and Appendage thereto (DD Form 254-1).
(3) To the extent the Buyer has indicated as of the date of this purchase or.
der, or thereafter indicates, security classification under this purchase order as pro-
vided in paragraph (2) above, the Seller shall safeguard all classified elements of
this purchase order and shall provide and maintain a system of security controls with-
in its own organization in accordance with the requirements of (i) the Department
of Defense Industrial Security Manual for Safeguarding Classified Security Infor-
mation as in effect on date of this purchase order, which Manual is hereby incor-
porated by reference and made a part of this purchase order, (ii) any amendments
to said Manual required by the demands of national security as determined by the
Government and made after-the date of this, purchase order, notice of which has been
furnished to the Seller by the Buyer and (iii) those provisions of writtenagreements
entered into by the Government and Seller pertaining to the adaptation of the Man-
ual to the Seller's business.
(4) Designated representatives of the Government and/or Buyer responsible
for inspection pertaining to industrial security shall have the right to inspect at
reasonable intervals the procedures, method.,, and facilities utilized by the Seller in
complying with the requirements of the terms and conditions of this article. Should
the Government and/or the Buyer, through its authorized representative, determine
that the Seller has not complied with such requirements, the Government and/or the
Buyer shall inform the Seller in writing of the proper actions to be taken in order to
effect compliance with such requirements.
(5) The Seller agrees to insert, in all subcontracts hereunder which involve
access to classified security information, provisions which shall conform substantially
to the language of this Article, including this paragraph.
(6) The Seller also agrees that it shall determine that any subcontractor pro-,
posed by it for the furnishing of supplies and services which will involve access to
classified security information in the Seller's custody has been granted an appropri-
ate facility security clearance, which is still in effect, prior to being accorded access
to such classified security information.
(d) Renegotiation:
(1) This purchase order is subject to the Renegotiation Act of 1951 (P.L. 9,
82d Cong., 65 Stat. 7) as amended (P.L. 764, 83d Cong., 68 Stat. 1116; P.L. 216, 84th
Cong., 69 Stat. 447), and to any subsequent act of Congress providing for the rene-
gotiation of contracts. Nothing contained in this clause shall impose any renegotia-
tion obligation with respect to this purchase order or any subcontract hereunder
which is not imposed by an act of Congress heretofore or hereafter enacted. Subject
to the foregoing this purchase order shall be deemed to contain all the provisions
required by Section 104 of the Renegotiation Act of 1951, and by any such other act,
without subsequent purchase order amendment specifically incorporating such pro-
visions.
(2) The Seller agrees to insert the provisions of this clause, including this
paragraph (2), in all subcontracts, as that term is defined in Section 103g of the Re-
negotiation Act of 1951 or in any subsequent act of Congress providing for the rene-
gotiation of contracts.
(e) Patent Rights: If this purchase order has experimental, developmental or re-
search work as one of its purposes, there shall be deemed to be incorporated herein
by reference Armed Services Procurement Regulation, Section IX, paragraphs 9-107.1
(Patent Rights), 9.107.2 (Contracts Relating to Atomic Energy), and 9-203.1 (Rights
in Data-Unlimited), as currently amended. Seller agrees to comply, and to place
Buyer as "Contractor" in position to comply, with said paragraphs insofar as said
paragraphs apply to inventions, improvements, discoveries, and copyrighted or copy-
rightable material arising under this purchase order.
(f) Subcontracting: No subcontract shall be made with any other party for furnish-
ing any of the completed or substantially completed articles, spare parts or work
herein contracted for without the approval of the Buyer and an appropriate Govern-
ment representative as to source.
(g) Inspection and Audit: The Seller agrees that its books and records, and its
plant or such parts thereof as may be engaged in the performance of this purchase
order shall at all reasonable times be subject to inspection and audit by any author-
ized representative of the United States Government.
(h) Excess Profits: Seller agrees that, unless otherwise provided by lair,
this purchase order shall be subject to all the provisions of 10 U.S.C. 2382
and 7300 and shall be deemed to contain all the agreements required by those
sections; provided, however, that this clause shall not be construed to enlarge
or extend by contract the obligations imposed by those sections.
(i) Government Owned Property: In event any tooling, articles or materials of
any type designated as Government property or as Government-owned, is furnished
to Seller hereunder or in connection herewith, the Seller will protect, preserve and
maintain said property in accordance with sound industrial practice and shall assume
complete liability therefor unless otherwise provided on the face of this purchase
order.
(j) Record... Seller agrees that the Comptroller General of the United States or
any of his duly authorized representatives shall, until the expiration of three years
after final payment under this purchase order, have access to and the right to ex-
amine any directly pertinent books, documents, papers,.and records of Seller involv-
ing transactions related to this purchase order.
(k) Additional Procurement Regulations: The below indicated Armed Services
Procurement Regulation Clauses are hereby incorporated and made a part of this
purchase order by this reference:
monies due or to become due hereunder; provided, in such event, Seller shall supply (2
Buyer promptly with two copies of any such assignments, and provided further that (3
payment to an assignee of any claim hereunder shall be subject to setoff or recoup- (4
Termination (ASPR 8-706)
Covenant Against Contingent Fees (ASPR 7-103.20)
Officials Not to Benefit_(ASPR 7-103.19)
ment for any present or future claim or claims which Buyer may have against Seller, (5) Walsh-Hcalcy Act (ASPR 7-103.1`7)
16. Subcontractin : Seller agrees to obtain Buyer's approval before subcontract- (6) Notice to Government of Labor Disputes (ASPR 7-104.4)
ing this purchase order or any substantial portion thereof; provided, however, that (7) Utilization of Small Business Concerns (ASPR 7-104.14)
this limitation shall not apply to the purchase of standard commercial supplies or raw Wherever in the above clauses, except (1), the words "Contracting Officer"
material. and/or "Government" appear they shall mean the Buyer and wherever th^
17. Security Regulations: Seller agrees that riot military securit clearance will r
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