DO NOT RETURN WITH BID
SALE OF GOVERNMENT PROPERTY
GENERAL SALE TERMS AND CONDITIONS
INVITATION FOR BIDS NO.
The Bidder is invited, urged, and cautioned to inspect the
property prior to submitting a bid. Property will be available for
inspection at the places and times specified in the Invitation.
2. CONDITION AND LOCATION OF PROPERTY.
Unless otherwise provided in the Invitation, all property listed
therein is offered for sale "as is" and "where is." Unless
otherwise provided in the Invitation, 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. Except as provided in Conditions
No. 12 and 14 or other special conditions of the Invitation, no
request for adjustment in price or for rescission of the sale will
be considered. This is not a sale by sample.
3. CONSIDERATION OF BIDS.
a. Unless otherwise provided in the Invitation, telegraphic or
telephonic bids will not be considered.
b. The Bidder agrees that his/her bid will not be withdrawn
within the period of time specified for the acceptance thereof
following the opening of bids (60 calendar days if no period is
specified by the Government or by the Bidder, but not less than
10 calendar days in any case) and that during such period
his/her bid will remain firm and irrevocable. The Government
reserves the right to reject any or all bids, including bids under
which a Bidder would take unfair advantage of the Government
or other Bidders, to waive any technical defects in bids, and
unless otherwise specified by the Government or by the Bidder,
to accept any one item or group of items in the bid, as may be in
the best interest of the Government. Unless the Invitation
otherwise provides, a bid covering any listed item must be
submitted on the basis of the unit specified for that item and
must cover the total number of units designated for that time.
4. FORMS OF BID DEPOSITS AND PAYMENTS.
Unless otherwise provided in the Invitation, bid deposits
(when required by the Invitation) and payments shall be in U.S.
currency or any form of credit instruments other than promissory
notes, made payable on demand in U.S. currency: Provided,
That uncertified personal or business checks must be first party
instruments: Provided further, That if in connection with any
prior sale, the Bidder or Purchaser tendered an uncertified
personal or business check which was not paid by the drawee
for any reason and the Bidder, Purchaser, and the Drawer of the
check were so notified in writing by the selling agency,
uncertified personal or business checks will not be an acceptable
form of bid deposit or payment. Bids submitted after the
effective date specified in the written notification referred to
which are not accompanied by the property bid deposit will be
5. BID PRICE DETERMINATION.
When bids are solicited on a unit price basis, Bidders will
insert their unit prices and total prices in the space provided for
a. In the event the Bidder inserts a total price on the item
but fails to insert a unit price, the Government will determine the
unit price by dividing the total price by the quantity of the item
set out in the Invitation. The unit price so determined shall be
used for the purpose of bid evaluation, award, and all phases of
b. When bids are solicited on a "lot" basis, Bidders should
submit a single total price in the Total Price Bid column of the
bid sheet. Bidders should not make any entry in the Unit Price
Bid column. In the event a Bidder submits a total bid price and
also a unit bid price which are not identical, the unit bid price
will not be considered.
The Purchaser agrees to pay for property awarded to
him/her in accordance with the prices quoted in his/her bid.
Subject to any adjustment made pursuant to other provisions
of this contract, payment of the full purchase price, after
applying the total bid deposit, if any, must be made within the
time specified in the Invitation and prior to delivery of any of
the property. If an adjustment is made requiring additional
payment, such payment must be made immediately upon
notice of such adjustment. In the absence of any debts owed
to the selling agency, where the total sum becoming due to the
Government from the Purchaser on a contract awarded to
him/her under the Invitation is less than the total amount
deposited with his/her bid, the difference will be promptly
refunded and also, deposits accompanying bids which are not
accepted will be promptly refunded to the Bidder. No refund or
demands will be made for any amount less than one dollar
Unless otherwise provided in the Invitation, title to the
property sold hereunder shall vest in the Purchaser as and
when removal is effected. On all motor vehicles and
motor-propelled or motor-drawn equipment requiring licensing
by a State motor vehicle regulatory agency, a certificate of
release, Standard Form 97, will be furnished for each vehicle
and piece of equipment unless otherwise provided in the
8. DELIVERY, LOADING, AND REMOVAL OF PROPERTY.
a. Unless otherwise provided in the Invitation, the
Purchaser shall be entitled to obtain the property upon full
payment therefor with delivery being made only from the exact
place where the property is located within the installation. The
Purchaser must make all arrangements necessary for packing,
removal, and transportation of property. The Government will
not act as liaison in any fashion between the Purchaser and
carrier, nor will the Government recommend a specific common
carrier. Loading will only be performed as set forth in the
Invitation, and unless otherwise provided in the Invitation,
loading will not be performed on Saturdays, Sundays, Federal
holidays, or any date that the installation where the property is
located is closed. Where it is provided that the Government
will load, the Government will make the initial placement of the
property on conveyance(s) furnished by the Purchaser and the
initial placement of the Purchaser's conveyance shall be as
determined by the Government. Unless otherwise provided in
the Invitation, the Government will not block, chock, brace,
lash, band, or in any other manner secure the cargo on such
conveyance(s) furnished by the Purchaser.
b. Where it is provided in the Invitation that the
Government will not load or that the Purchaser will load, the
Purchaser will make all arrangements and perform all work
necessary to effect removal of the property. The Purchaser
shall remove the property at his/her expense within the period
of time allowed in the Invitation. If the Contracting Officer
determines that the failure to remove the property within the
period of time orginally allowed arose out of causes beyond the
control and without the fault or negligence of the Purchaser,
such determination shall be reduced to writing, and a reason-
able extension of time for removal shall be allowed. Such
causes may include, but are not restricted to, acts of God or of
the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine
resrictions, strikes, freight embargoes, and sever weather. If the
Purchaser is permitted to remove the property after the
expiration of the time originally allowed for removal or any
additional time allowed by the Contracting Officer pursuant to
this clause, the Government, without limiting any other rights
which it may have, may require the Purchaser to pay a
reasonable storage charge. The Purchaser shall reimburse the
Government for any damage to Government property caused
during the removal operations by the Purchaser or his/her
c. Items purchased under the Invitation will be released only
to the Purchaser or his/her authorized representative. The
authorized representative must furnish authorization from the
Purchaser to the Custodian of the property location before any
delivery of release will be made. When property is described as
being boxed, packed, crated, skidded, or in containers, the
Government does not warrant that the property, as packaged, is
suitable for shipment.
d. Segregation, culling, or selection of property for the
purpose of effecting partial or increment removals will not be
permitted except as specifically authorized and prescribed by the
If, after the award, the Purchaser breaches the contract by
failure to make payment within the time allowed by the contract
as required by Condition No. 6, or by failure to remove the
property as required by Condition No. 8, then the Government
may send the Purchaser a 15-day written notice of default
(calculated from date of mailing), and upon Purchaser's failure to
cure such default within that period (or such further period as
the Contracting Officer may allow) the Purchaser 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. The Purchaser agrees that in the event he/she fails to
pay for the property or remove the same within the prescribed
period(s) of time, the Government shall be entitled to retain (or
collect) as liquidated damages a sum equal to the greater of (a)
20 percent of the purchase price of the item(s) as to which the
default has occurred, or (b) $25, whichever is greater: Provided,
That in the event of multiple awards of items under a single
Invitation for Bids, the amount to be charged, if the minimum
charge provided for in (b) above is applicable, shall be
determined by the total purchase price reflected in the award
documents: Provided further, That the maximum sum which
may be recovered by the Government as damages for
failure of the Purchaser to pay for and remove the property shall
be the formula amount. The Government shall specifically
apprise the Purchaser, either in its original notice of default (or in
separate subsequent written notice), that upon the expiration of
the period prescribed for curing the default, the formula amount
will be retained (or collected) by the Government as liquidated
damages. However, if the property was sold on a "per lot" basis
and the Purchaser removes a portion of the lot but fails to
remove the balance, no portion of the purchase price will be
refunded. If the Purchaser otherwise fails in the performance of
his/her obligations, the Government may exercise such rights
and may pursue such remedies as are provided by law or under
10. SETOFF OF REFUNDS.
The Bidder or Purchaser agrees that the selling agency may
use all or a portion of any bid deposit or refund due him/her to
satisfy, in whole or in part, any debts arising out of prior
transactions with the Government.
Notwithstanding any other provision of this contract, unless
paid within 30 calendar days from the date of first written
demand, all amounts that become payable by the Purchaser to
the Government under this contract shall bear simple interest at
the rate which has been established by the Secretary of the
Treasury as provided in Section 12 of the Contract Disputes Act
of 1978 (Public Law 95-563), from the date of first written
demand until paid.
12. ADJUSTMENT FOR VARIATION IN QUANTITY OR WEIGHT.
Unless otherwise provided in the Invitation, when property
is sold by a unit other than "weight", the Government reserves
the right to vary the quantity tendered or delivered to the
Purchaser by 10 percent; when the property is sold by "weight",
the Government reserves the right to vary the weight tendered
or delivered to the Purchaser by 25 percent. The purchase price
will be adjusted upward or downward in accordance with the
unit price and on the basis of the quantity or weight actually
delivered. Unless otherwise specifically provided in the
Invitation, no adjustment for such variation will be made where
property is sold on a "price for the lot" basis.
13. WEIGHING, SWITCHING, AND SPOTTING.
Where weighing is necessary to determine the exact
purchase price, the Purchaser shall arrange for and pay all
expenses of weighing the property (unless Government scales
are available on the premises). All switching and spotting
charges shall be paid by the Purchaser unless such services are
performed with Government-owned or Government-operated
locomotives on Government property. When removal is by
truck, weighing shall be under the supervision of the
Government and at its option on: (a) Government scales, (b)
certified scales, or (c) other scales acceptable to both parties.
When removal is by rail, weighing shall be on railroad track
scales, or by other means acceptable to the railroad for freight
14. RISK OF LOSS.
Unless otherwise provided in the Invitation, the Government
will be responsible for the care and protection of the property
subsequent to it being available for inspection and prior to its
removal. Any loss, damage, or destruction occurring during
such period will be adjusted by the Contracting Officer to the
extent it was not caused directly or indirectly by the Purchaser,
its agents, or employees. At the discretion of the Contracting
Officer, the adjustment may consist of rescission. With respect
to losses only, in the event the property is offered for sale by the
"lot," no adjustment will be authorized under this provision
unless the Government is notified of the loss prior to removal
from the installation of any portion of the lot with respect to
which the loss is claimed.
15. LIMITATION ON GOVERNMENTS LIABILITY.
Except for reasonable packing, loading, and transportation
costs (such packing, loading, and transportation costs being
recoverable only when a return of property at Government cost
is specifically authorized in writing by the Contracting Officer),
the measure of the Government's liability, in any case where
liability of the Government to the Purchaser has been
established, shall not exceed refund of such portion of the
purchase price as the Government may have received.
16. ORAL STATEMENTS AND MODIFICATIONS.
Any oral statement or representation by any representative
of the Government, changing or supplementing the Invitation or
contract or any Condition thereof, is unauthorized and shall
confer no right upon the Bidder or Purchaser. Further, no
interpretation of any provision of the contract, including
applicable performance requirements, shall be binding on the
Government unless furnished or agreed to, in writing, by the
Contracting Officer or his/her designated representative.
17. COVENANT AGAINST CONTINGENT FEES.
a. The Purchaser warrants that no person or agency has
been employed or retained to solicit or obtain this contract upon
an agreement or understanding for a contingent fee, except a
bona fide employee or agency. For breach or violation of this
warranty, the Government shall have the right to annul this
contract without liability or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover, the full
amount of the contingent fee.
b. "Bona fide agency," as used in this clause, means an
established commercial or selling agency, maintained by a
Purchaser for the purpose of securing business, that neither
exerts nor proposes to exert improper influence to solicit or
obtain Government contracts nor holds itself out as being able to
obtain any Government contract or contracts through improper
c. "Bona fide employee," as used in this clause, means a
person, employed by Purchaser and subject to the Purchaser's
supervision and control as to time, place, and manner of
performance, who neither exerts nor proposes to exert improper
influence to solicit or obtain Government contracts nor holds out
as being able to obtain any Government contract or contracts
through improper influence.
d. "Contingent fee," as used in this clause, means any
commission, percentage, brokerage, or other fee that is
contingent upon the success that a person or concern has in
securing a Government contract.
e. "Improper Influence," as used in this clause, means any
influence that induces or tends to induce a Government
employee or officer to give consideration or to act regarding a
Government contract on any basis other than the merits of the
18. OFFICIALS NOT TO BENEFIT.
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 arising from it. However, this clause
does not apply to this contract to the extent that this contract is
made with a corporation for the corporation's general benefit.
19. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION.
a. The Purchaser certifies that--
(1) The prices in this offer have been arrived at
independently, without, for the purpose of restricting
competition, any consultation, communication, or agreement
with any other Purchaser or competitor relating to (i) those
prices, (ii) the intention to submit an offer, or (iii) the methods or
factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not
be knowingly disclosed by the Purchaser, directly or indirectly, to
any other Purchaser or competitor before bid opening (in the
case of a formally advertised solicitation) or contract award (in
the case of a negotiated solicitation) unless otherwise required
by law; and
(3) No attempt has been made or will be made by the
Purchaser to include any other concern to submit or not to
submit an offer for the purpose of restricting competition.
b. Each signature on the offer is considered to be a
certification by the signatory that the signatory--
(1) Is the person in the Purchaser's organization responisble for determining the prices being offered in this bid or
proposal, and that the signatory has not participated and will not
participate in any action contrary to subparagraphs (a)(1)
through (a)(3) above; or
(2)(i) Has been authorized, in writing, to act as agent
for the principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) above.
(ii) As an authorized agent, does certify that the
principals have not participated, and will not participate, in any
action contrary to subparagraphs (a)(1) through (a)(3) above, and
(iii) As an agent, has not personally participated,
and will not participate, in any action contrary to subparagraphs
(a)(1) through (a)(3) above.
c. If the Purchaser deletes or modifies subparagraph (a)(2)
above, the Purchaser must furnish with its offer a signed
statement setting forth in detail the circumstances of the
20. ASSIGNMENTS OF CONTRACTS.
Any contract awarded under the Invitation is subject to the
provisions of 41 U.S.C. 15 which generally precludes
assignment of such contract.
21. CLAIMS LIABILITY.
The Bidder or Purchaser agrees to save the Government
harmless from any and all actions, claims, debts, demands,
judgments, liabilities, costs and attorneys' fees arising out of,
claimed on account of, or in any manner predicated upon loss of
or damage to property and injuries, illness or disabilities to or
death of any and all persons whatsoever, including members of
the general public, or to the property of any legal or political
entity including State, local and interstate bodies, in any manner
caused by or contributed to by the Bidder or Purchaser, its
agents, servants, employees, or any person subject to its control
while in, upon or about the sale site and/or the site on which the
property is located, or while the property is in the possession of
or subject to the control of the Bidder or Purchaser, its agents,
servants or employees after the property has been removed from
22. WITHDRAWAL OF PROPERTY AFTER AWARD.
The Government reserves the right to withdraw for its use
any or all of the property covered by this contract, if a bona fide
requirement for the property develops or exists prior to actual
removal of the property from Government control. In the event
of a withdrawal under this condition, the Government shall be
liable only for the refund of the contract price of the withdrawn
property or such portion of the contract price as it may have
23. ELIGIBILITY OF BIDDERS.
The Bidder warrants that he/she is not: (a) under 18 years
of age; (b) an employee of an agency of the Federal Government
(either as a civilian or as a member of the Armed Forces of the
United States, including the United States Coast Guard, on
active duty) prohibited by the regulations of that agency from
purchasing property sold hereunder; (c) an agent or immediate
member of the household of the employee in (b), above. For
breach of this warranty, the Government shall have the right to
annul this contract without liability.
24. REQUIREMENTS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
It is the Bidder's responsibility to ascertain and comply with
all applicable Federal, State, local, and multi-jurisdictional laws,
ordinances, and regulations pertaining to the registration,
licensing, handling, possession, transportation, transfer, export,
processing, manufacture, sale, use or disposal of the property
listed in the Invitation. Purchasers or users of this property are
not excused from any violation of such laws or regulations
either because the United States is a party to this sale or has
had any interest in the property at any time.
As used herein, the following terms shall have the meaning
set forth below:
a. "Telegraphic bid" and "telegraphic notice" include bids
and notices by telegram or by mailgram.
b. "Contracting Officer" means the person accepting the
bid in whole or in part on behalf of the Government, and any
other officer or civilian employee who is a properly designated
Contracting Officer; and includes, except as otherwise provided
in this contract, the authorized representative of a Contracting
Officer acting within the limits of the representative's authority.
c. A "small business concern" for the purpose of the sale
of Government-owned property is a concern which can qualify
under the small business classification criteria referenced in 13
CFR § 121.3-9.
DO NOT RETURN WITH BID
SALE OF GOVERNMENT PROPERTY
GENERAL SALE TERMS AND CONDITIONS
INVITATION FOR BIDS NO.
PRIVACY ACT NOTICE
In accordance with the Privacy Act (5 U.S.C. 552a), the
following notice is provided: The information requested on this
form is collected pursuant to section 31001 of the Debt
Collection Improvement Act of 1996 (Pub. L. 104-134) for
purposes of collecting and reporting on any delinquent amounts
arising under or relating to any contract awarded to you as a
result of this sale. The information collected is mandatory.
Failure to provide the information prior to contract award will
result in rejection of your bid or offer. Routine uses which may
be made of the collected information are as follows:
1. Disclosure where pertinent in any legal proceeding to which
GSA is a party before a court or administrative body.
2. Disclosure to the Department of Justice, U.S. Attorney, or
the Department of Treasury in a proceeding when (a) the United
States, GSA, a component of GSA, or when arising from his/her
employment, an employee of GSA, is party to litigation or
anticipated litigation or has an interest in such litigation, and (b)
GSA determines that the disclosure is relevant or necessary in
3. Disclosure to a Member of Congress or a congressional
staff member in response to an inquiry from that congressional
office made on behalf of and at the request of the individual
about whom the record is maintained.
4. Disclosure to any Federal agency where the debtor is
emloyed or receiving some sort of remuneration for the purpose
of enabling that agency to collect a debt owed the Federal
government on GSA's behalf.
5. In the event a record indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature,
and whether arising by general statute or particular program
statute or by regulation, rule or order issued pursuant thereto,
disclosure to the appropriate Federal agency and/or state or local
agencies charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or
implementing the statute, rule, regulation or order.
6. Disclosure to a Federal agency in response to a request in
connection with hiring or retention, the letting of a contract, or
the issuing a license, grant, or other benefit.
7. Disclosure to a debt collection contractor or to other
Federal agencies for the purpose of collecting and reporting on
8. Disclosure for purposes of debt collection, publication or
public dissemination regarding the identity of delinquent non-tax
debtors and the existence of non-tax debts.
9. Disclosure to credit reporting agencies/credit bureaus for
the purpose of adding to a credit history file or obtaining a credit
history file or comparable credit history information for use in the
administration of debt collection.
10. Disclosure to the Internal Revenue Service to: (1) obtain
mailing addresses to locate a taxpayer to collect a Federal claim
against the taxpayer; or (2) offset a Federal claim against a
taxpayer's income tax refund.
11. Disclosure to the Internal Revenue Service and applicable
state and local governments for tax reporting purposes.
12. Disclosure to banks enrolled in the Treasury Credit Card
Network to collect payment or debt when the individual has
given his/her credit card number for this purpose.
13. Disclosure to Treasury or other Federal agencies with which
GSA has entered an agreement for debt collection cross
servicing operations to satisfy, in whole or in part, debts owed
the U.S. Government.
14. Disclosure to Treasury, government corporations, state or
local agencies, or other Federal agencies to conduct computer
matching programs to identify and locate individuals who are
receiving Federal salaries or benefit payments in order to collect
the debts by voluntary repayment or administrative or salary
15. Disclosure to the National Archives and Records
Administration for records management inspections.
16. Disclosure for any other use specified by GSA in the
system of records entitled "Credit Data on Individual Debtors,
PPFM-7," as published in the Federal Register periodically by
DO NOT RETURN WITH BID
SALE OF GOVERNMENT PROPERTY
GENERAL SALE TERMS AND CONDITIONS
INVITATION FOR BIDS NO.
DO NOT RETURN WITH BID
1. SUBMISSION OF BIDS AND AWARD.
a. The Auctioneer will offer each numbered item
separately. Bidders will communicate the amount of their
bids either orally or by such other means as may be
recognized by and acceptable to the Auctioneer. Unless
otherwise provided in the Invitation, bid offers will not be
recognized from any person not properly registered and
where applicable issued a numbered paddle.
b. All items cataloged by weight, count or measure will
be sold in like units unless specifically changed by
announcement by the Auctioneer. The Government reserves
the right to sell in such units or groups thereof as it deems
most expedient. Items will not be subdivided or grouped
unless specific announcement is made.
c. The Auctioneer's "knocking down" an item will
constitute an award by the Contracting Officer to the
successful Purchaser for each item except as otherwise
herein specifically provided.
d. In the event of a dispute as to the amount bid, item or
item number, and/or paddle number of a Bidder, the
Contracting Officer reserves the right to reoffer the item in
question. Once an item is "knocked down", the Purchaser
may not withdraw the bid.
e. Records of the Government, certified by the
Contracting Officer, as to name and number of the Bidder,
the bid, and amount thereof shall be prime facie evidence of
the circumstances of the sale, and all disagreements will be
resolved in accordance with such records.
f. Special provisions made by the Bidder will not be
acceptable and will be cause for rejection of bids. The
General Sale Terms and Conditions, (Pages 1 - 4) and Special
Conditions of Sale constitute a part of the contract of sale
between the Government and the Purchaser. All Bidders
acknowledge (by signing the registration card) that they have
full and complete understanding of the terms and conditions,
and agree to be bound thereby.
2. PARTIAL PAYMENTS.
a. Unless full payment is required, the successful Bidder
for any item must make a partial payment on the day of the
sale of at least 20% of the total amount awarded him/her.
b. Full or partial payments shall be made in the form
prescribed in Condition No. 4, General Sale Terms and
Conditions (Standard Form 114C).
c. In the event the successful Bidder has on file an
approved Deposit Bond-Annual, Sale of Government Personal
Property (Standard Form 151), that deposit bond may be
used in lieu of the 20% partial payment required in
subparagraph (a), above, when its use is authorized as an
acceptable form of partial payment in the Invitation. Deposit
Bond-Individual Invitations, Sale of Government Personal
Property (Standard Form 150), is also acceptable if it has
been approved in advance by the selling agency, when its
use is authorized as an acceptable form of partial payment in
d. The Purchaser agrees that in the event he/she fails to
make partial payment on the day of the sale, as required by
this clause, the contract price shall be increased in a sum
equal to 5% of the amount of the required partial payment
which remained unpaid on the date of sale for each day that
the amount remains unpaid not to exceed 20% of such
amount. Such amount will be considered paid at such time
as payment is deposited in the mail or with a telegraph
INVITATION FOR BIDS NO.