DO NOT RETURN WITH BID

SALE OF GOVERNMENT PROPERTY

GENERAL SALE TERMS AND CONDITIONS

INVITATION FOR BIDS NO.

     

 

PAGE 1

 

1. INSPECTION.

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b. The Bidder agrees that his/her bid will not be withdrawn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

summarily rejected.

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

each item.

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

contract administration.

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.

6. PAYMENT.

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

($1).

7. TITLE.

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

Invitation.

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-


                                                                                                                                                                                                  PAGE 2                    

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

authorized representative.

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

Government.

9. DEFAULT.

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

the contract.

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.

11. INTEREST.

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

purposes.

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

                                                                                                                                                                                                PAGE 3

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

influence.

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

matter.

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

disclosure.

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

Government control.

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

received.

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

                                                                                                                                                                                PAGE 4

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.

25. DEFINITIONS.

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.

     

 

PAGE 5

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

the litigation.

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

delinquent debt.

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

offset.

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

GSA.

 DO NOT RETURN WITH BID

SALE OF GOVERNMENT PROPERTY

GENERAL SALE TERMS AND CONDITIONS

INVITATION FOR BIDS NO.

     

 

PAGE 9

 

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

the Invitation.

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

company.

INVITATION FOR BIDS NO.