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SPECIAL
SEALED BID TERMS AND CONDITIONS
SPECIAL DROP-BY TERMS AND CONDITIONS
SPECIAL ONLINE SALE TERMS AND
CONDITIONS
SPECIAL AUCTION TERMS AND CONDITIONS
SALE OF GOVERNMENT PROPERTY
SPECIAL SEALED BID TERMS AND CONDITIONS
Any Sealed Bid sales conducted by the Federal Supply Service, General Services
Administration, is subject to the General Sale Terms and Conditions (Standard Form 114C, June 1997)and special conditions listed
below.
Acceptance Period. By signing a bid form, the bidder agrees to pay for
and remove the property if the bid is accepted within 60 calendar days after
the bid opening date. The bidder may specify a shorter acceptance period (not
less than 10 days) on the bid form. Any bid that specifies an acceptance period
shorter than 10 days may be rejected as non-responsive.
Contract Disputes. Contracts awarded from a sealed bid sale are subject
to the Contract
Disputes Act of 1978 (41 USC 601-613) , as amended. Copies of the current
contract disputes clause are available from the sales office.
Bidders Indebted to the Government. The bidder warrants, by signing
the bid form, that he/she is not delinquent in paying for previous purchases
of Federal personal property, including any debt administratively found due.
Indebted bidders may be ineligible for contract awards.
Debt Collection Improvement Act of 1996. In accordance with Public Law
No. 104-134, Section 21001, The
Debt Collection Improvement Act of 1996 , the Tax Identification Number
(TIN) must be provided by anyone conducting business with the Federal Government,
from which a debt to the Government may arise. A TIN is defined as an individual's
Social Security Number (SSN) or Business Entity's Employer Identification Number
(EIN).
Condition of Property is not warranted. Condition No 2, "Condition
and Location of Property," of Standard Form 114C is deleted in its entirety.
Deficiencies, when known, have been indicated in the property descriptions.
However, absence of any indicated deficiencies does not mean that none exists.
Description Warranty and Refunds
Description Warranty. The Government warrants to the original purchaser
that the property listed in the Invitation for Bid will conform to its description.
If a misdescription is determined before removal of the property, the Government
will keep the property and refund any money paid. If a misdescription is determined
after removal, the Government will refund any money paid if the purchaser takes
the property at his/her expense to a location specified by the contracting officer.
No refunds will be made, after property is removed, for shortages of individual
items within a lot. This warranty is in place of all other guarantees and warranties,
expressed or implied.
The Government does not warrant the merchantability of the property or its purpose.
The purchaser is not entitled to any payment for loss of profit or any other
money damages--special, direct, indirect, or consequential.
Refund Procedures. If a refund is authorized, the bidder must (1) submit
a written notice to the contracting officer within 15 calendar days of the date
of removal that the property was misdescribed, (2) maintain the property in
the purchased condition until it is returned, and (3) return the property at
your own expense to a location specified by the contracting officer.
Refund Amount. The refund is limited to the purchase price of the misdescribed
property ONLY.
Inspection. Bidders are invited, urged and cautioned to inspect the
property prior to bidding. Dates and times are indicated in the Invitation for
Bid (property listing).
Reporting Discrepancies/Hazardous Materials.
Prospective purchasers are asked to inform the sales office of any discrepancies
in the property descriptions discovered while inspecting the property and of
any lots in this sale that contain hazardous material/waste not indicated in
the property descriptions.
Submission of Bid. The bid form must be filled out completely and mailed
or hand-delivered sealed in an envelope addressed exactly as shown below. Be
sure to enter your name or company name exactly as you wish it to appear on
all subsequent paperwork. Changes will not be permitted after award.
If the total bid exceeds $25,000, the bidder agrees to furnish, prior to award,
information as requested by GSA concerning any contingent fee arrangement. See
Code of Federal Regulations (CFR,
Title 41, Section 101-45.313.3) .
Bids mailed via the U.S. Postal Service:
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Your Name
Street Address
City State Zip Code
SALE NUMBER
BID OPENING DATE/TIME
US GENERAL SERVICES ADMINISTRATON
MAILING ADDRESS
CITY, STATE ZIP + 4 |
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Hand-delivered bids, including those dispatched via rapid mail services and
couriers:
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Your Name
Street Address
City State Zip Code
SALE NUMBER
OPENING DATE/TIME
US GENERAL SERVICES ADMINISTRATION
PHYSICAL ADDRESS
CITY STATE ZIP + 4 |
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Consideration of Bid. The Government reserves the right to reject any
and all bids.
Oral Statements and Modifications. Any oral statement or representation
by any representative of the Government, changing or supplementing the offering
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 designated representative.
Notification of Sale Results. Successful bidders will be notified by
mail. Bid results will not be furnished via telephone or fax. See bid
results.
Tie Bids. When two or more bids are tied, the computer will determine
the award randomly.
Payment and Removal. Property must be paid for and removed by the dates
and times specified in the Invitation for Bid. Property may be removed Monday
through Friday, excluding holidays, as arranged with the custodian at least
48 hours in advance.
Forms of Payment. Payment is restricted to the following instruments:
U.S. currency; bank cashier's check; credit union cashier's check issued by
a Federal or State chartered credit union; U.S. Postal Service or commercial
money order; travelers checks; properly endorsed Federal, State, or local government
checks; Master Card, VISA, Discover (Novus) and American Express. Certified
checks and bank drafts are not acceptable.
If payment is made by credit card, all sales are final.
A personal or company check will be accepted only when accompanied by a bank
letter guaranteeing payment. This letter must be on bank letterhead and must
state (1) that payment is guaranteed, (2) that the guarantee is valid for 30
days after the bid opening date, and (3) that the guarantee covers the purchase
of U.S. Government personal property only. The letter must be dated, include
the bidder's name, the amount the guarantee is for, date of sale and signed
by a bank official authorized to guarantee payment. A sample letter appears
below.
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Bank Letterhead
Date
U.S. General Services Administration
Attn: Cashier
Mailing Address
City, State Zip +4
This letter will introduce John Doe, who has an account with our bank.
Our bank will guarantee checks written by Mr. Doe against the account
to the U.S. General Services Administration (GSA) in payment for personal
property purchased in GSA's sale on (sale date). This guarantee covers
any amount up to a total of (dollar amount) and is valid for 30 days after
the sale date.
Sincerely,
(Signature)
Title (President, Vice-President, or loan officer)
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Removal. SUCCESSFUL BIDDERS ARE CAUTIONED THAT THEY ARE RESPONSIBLE FOR LOADING
AND REMOVAL OF ANY AND ALL PROPERTY AWARDED TO THEM FROM THE EXACT PLACE WHERE
THE PROPERTY IS LOCATED, AS INDICATED IN THE INVITATION FOR BID. The Purchaser
will make all arrangements and perform all work necessary to effect removal
of the property, to include loading, packing and transportation of the property.
Title to Property. Buyers of motor vehicles will receive a GSA Form
27A, "Purchaser's Receipt and Authority to Release Property", and
a Standard Form (SF) 97, " The United States Government Certificate To
Obtain Title To A Vehicle." SF 97 is not a title; it is evidence of title
only for authority to obtain title to a vehicle by the purchaser. Buyers of
salvage/crashed test vehicles will receive a SF 97 with the following statement:
"NOT TO BE TITLED FOR HIGHWAY USE". The SF 97 will be issued ONLY
to obtain a certificate not a title. Buyers of property other than motor vehicles
will receive only the GSA Form 27A.
Please Note: The way an individual submits a bid form will determine how their
information is displayed on their paperwork. Either an individual's name and
address, or their name, company name and address must be entered on the bid
sheet as they wish it to appear on all subsequent paperwork. Changes will not
be permitted after award.
Default. Bidders are cautioned to bid only on items they are prepared to pay
for and remove in accordance with the terms and conditions of this sale. Failure
to pay for and remove all items awarded within the specified time could result
in termination of the contract. The bidder also may be subject to paying liquidated
damages.
The following supersedes Clause No. 9 of the SF 114C:
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) $200: 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.
GSA does not grant extensions of time for payment and removal.
State Sales and/or Use Tax. Purchasers of Federal personal property
may be subject to payment of State sales and/or use tax. The U.S. Government
is not responsible for collection of State taxes. Purchasers may obtain information
from a State tax office. Sales and/or use tax officials are permitted to examine
records of Federal personal property sales to determine tax liability.
Sales to Government Employees. GSA employees and members of their immediate
household, or their agents, may not bid on Federal personal property. An employee
of another agency may bid if he/she is not prohibited from doing so by agency
regulation.
Other Special Requirements and Conditions. Please click
here to view other special requirements and conditions pertaining to property
that may be listed in sales offerings.
Back to top
SALE OF GOVERNMENT PROPERTY
SPECIAL DROP-BY TERMS AND CONDITIONS
Any drop-by sales conducted by the Federal Supply Service, General Services
Administration, is subject to the General Sale Terms and Conditions (Standard Form 114C, June 1997), and special conditions listed
below.
Acceptance Period. By signing a bid card, the bidder agrees to pay for
and remove the property within the timeframe allowed in the property listing.
Contract Disputes. Contracts awarded from a drop-by bid sale are subject
to the Contract
Disputes Act of 1978 (41 USC 601-613) , as amended. Copies of the current
contract disputes clause are available from the sales office.
Bidders Indebted to the Government. The bidder warrants, by signing
the bid card that he/she is not delinquent in paying for previous purchases
of Federal personal property, including any debt administratively found due.
Indebted bidders may be ineligible for contract awards.
Debt Collection Improvement Act of 1996. In accordance with Public Law
No. 104-134, Section 21001, The
Debt Collection Improvement Act of 1996 , the Tax Identification Number
(TIN) must be provided by anyone conducting business with the Federal Government,
from which a debt to the Government may arise. A TIN is defined as an individual's
Social Security Number (SSN) or Business Entity's Employer Identification Number
(EIN).
Condition of Property is not warranted. Condition No 2, "Condition
and Location of Property," of Standard Form 114C is deleted in its entirety.
Deficiencies, when known, have been indicated in the property descriptions.
However, absence of any indicated deficiencies does not mean that none exists.
Description Warranty and Refunds
Description Warranty. The Government warrants to the original purchaser
that the property listed in the property listing will conform to its description.
If a misdescription is determined before removal of the property, the Government
will keep the property and refund any money paid. If a misdescription is determined
after removal, the Government will refund any money paid if the purchaser takes
the property at his/her expense to a location specified by the contracting officer.
No refunds will be made, after property is removed, for shortages of individual
items within a lot. This warranty is in place of all other guarantees and warranties,
expressed or implied.
The Government does not warrant the merchantability of the property or its
purpose. The purchaser is not entitled to any payment for loss of profit or
any other money damages--special, direct, indirect, or consequential.
Refund Procedures. If a refund is authorized, you must (1) submit a
written notice to the contracting officer within 15 calendar days of the date
of removal that the property was misdescribed, (2) maintain the property in
the purchased condition until it is returned, and (3) return the property at
your own expense to a location specified by the contracting officer.
Refund Amount. The refund is limited to the purchase price of the misdescribed
property ONLY.
Inspection. Bidders are invited, urged and cautioned to inspect the
property prior to bidding. Dates and times are indicated in the property listings.
Reporting Discrepancies/Hazardous Materials. Prospective purchasers
are asked to inform the sales office of any discrepancies in the property descriptions
discovered while inspecting the property and of any lots in this sale that contain
hazardous material/waste not indicated in the property descriptions.
Submission of Bid. The bid card must be filled out with the ITEM (LOT)
NUMBER you are bidding on, AMOUNT you are bidding, your BIDDER NUMBER and your
SIGNATURE, and then placed in the drop box. A bid card must be filled out for
each lot you are bidding on. This card must be placed in the drop box at the
registration area at the sale site. Be sure the name under which you are registered
is the one you want to appear on all subsequent paperwork. Changes will not
be permitted after award.
Condition No. 17 of the Standard Form 114C applies to an item(s)/lot(s) where
the total bid exceeds $25,000. See Code of Federal Regulations
(CFR, Title 41, Section 101-45.313.3)
Notification of Sale Results. Successful bidders will be notified by
mail or telephone. Bid results will not be furnished via telephone or fax. To
view a list of bid results, please go to (insert site where results will be
posted.)
Tie Bids. When two or more bids are the same, the bidder's BIDS will
be placed in a "box/hat" and one will be drawn to determine the bidder
who is to receive the award.
Payment and Removal. Property must be paid for and removed by the dates
and times specified in the sale offering.
Forms of Payment. Payment is restricted to the following instruments:
U.S. currency; bank cashier's check; credit union cashier's check issued by
a Federal or State chartered credit union; U.S. Postal Service or commercial
money order; travelers checks; properly endorsed Federal, State, or local government
checks; Master Card, VISA, Discover (Novus) and American Express. Certified
checks and bank drafts are not acceptable.
If payment is made by credit card, all sales are final.
A personal or company check will be accepted only when accompanied by a bank
letter guaranteeing payment. This letter must be on bank letterhead and must
state (1) that payment is guaranteed, (2) that the guarantee is valid for 30
days after the bid opening date, and (3) that the guarantee covers the purchase
of U.S. Government personal property only. The letter must be dated, include
the bidder's name, the amount the guarantee is for, date of sale and signed
by a bank official authorized to guarantee payment. A sample letter appears
below.
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Bank Letterhead
Date
U.S. General Services Administration
Attn: Cashier
Mailing Address
City, State Zip +4
This letter will introduce John Doe, who has an account with our bank.
Our bank will guarantee checks written by Mr. Doe against the account
to the U.S. General Services Administration (GSA) in payment for personal
property purchased in GSA's sale on (sale date). This guarantee covers
any amount up to a total of (dollar amount) and is valid for 30 days after
the sale date.
Sincerely,
(Signature)
Title (President, Vice-President, or loan officer)
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Removal. Property must be removed by the date/time specified for the
sale. SUCCESSFUL BIDDERS ARE CAUTIONED THAT THEY ARE RESPONSIBLE FOR LOADING
AND REMOVAL OF ANY AND ALL PROPERTY AWARDED TO THEM FROM THE EXACT PLACE WHERE
THE PROPERTY IS LOCATED, AS INDICATED IN THE PROPERTY LISTING. The Purchaser
will make all arrangements and perform all work necessary to effect removal
of the property, to include loading, packing and transportation of the property.
Title to Property. Buyers of motor vehicles will receive a GSA Form
27A, "Purchaser's Receipt and Authority to Release Property", and
a Standard Form (SF) 97, " The United States Government Certificate To
Obtain Title To A Vehicle." SF 97 is not a title; it is evidence of title
only for authority to obtain title to a vehicle by the purchaser. Buyers of
salvage/crashed test vehicles will receive a SF 97 with the following statement:
"NOT TO BE TITLED FOR HIGHWAY USE". The SF 97 will be issued ONLY
to obtain a certificate not a title. Buyers of property other than motor vehicles
will receive only the GSA Form 27A.
Please Note: The way an individual registers will determine how their information
is displayed on their paperwork. Either an individual's name and address, or
their name, company name and address entered must be completed on the registration
sheet as they wish it to appear on all subsequent paperwork. Changes will not
be permitted after award.
Default. Bidders are cautioned to bid only on items they are prepared to pay
for and remove in accordance with the terms and conditions of this sale. Failure
to pay for and remove all items awarded within the specified time could result
in termination of the contract. The bidder also may be subject to paying liquidated
damages.
The following supersedes Clause No. 9 of the SF 114C:
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) $200: 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.
GSA does not grant extensions of time for payment and removal.
State Sales and/or Use Tax. Purchasers of Federal personal property may be
subject to payment of State sales and/or use tax. The U.S. Government is not
responsible for collection of State taxes. Purchasers may obtain information
from a State tax office. Sales and/or use tax officials are permitted to examine
records of Federal personal property sales to determine tax liability.
Sales to Government Employees. GSA employees and members of their immediate
household, or their agents, may not bid on Federal personal property. An employee
of another agency may bid if he/she is not prohibited from doing so by agency
regulation.
Other Special Requirements and Conditions. Please click
here to view other special requirements and conditions pertaining to property
that may be listed in sales offerings.
Back to top
SALE OF GOVERNMENT PROPERTY
SPECIAL ONLINE SALE TERMS AND CONDITIONS
Warning: GSA reserves the right to change the Online Sales Terms and Conditions.
Bidders are cautioned to periodically review these terms and conditions for
possible changes.
Any offering from the U.S. General Services Administration, Federal Supply
Service's Internet Website, GSAAuctions.gov,
is subject to the General Sales Terms and Conditions (Standard
Form 114C, June 1997)and special conditions listed below.
Acceptance Period. By marking the required box next to the Terms and
Conditions located at the bottom of the registration form on the website and
submitting a bid, the bidder agrees to the Terms and Conditions of sale and
to pay for and remove the property, if the bid is accepted, by the dates and
times specified in each lot.
Bidders Indebted to the Government. The bidder warrants, by accepting
the sale Terms and Conditions and submitting a bid, that he/she is not delinquent
in paying for previous purchases of Federal personal property and any related
charges. Indebted bidders will be ineligible for contract awards. Bidders will
not be able to bid on items specified on this website until all debts have been
cleared.
Debt Collection Improvement Act of 1996. In accordance with Public Law
No. 104-134, Section 21001, The
Debt Collection Improvement Act of 1996 , the Tax Identification Number
(TIN) must be provided by anyone conducting business with the Federal Government,
from which a debt to the Government may arise. Individuals cannot successfully
register to bid on items without providing a TIN. A TIN is defined as an individual's
Social Security Number (SSN) or Business Entity's Employer Identification Number
(EIN).
Contract Disputes. Contracts resulting from the sale of any offer in
the GSAAuctions.gov website are subject to the Contract Disputes Act of 1978
(41 USC 601-613)
, as amended.
Condition of Property is not warranted. Condition No. 2, "Condition
and Location of Property," of Standard Form 114C is deleted in its entirety.
Deficiencies, when known, have been indicated in the property descriptions.
However, absence of any indicated deficiencies does not mean that none exists.
Description Warranty and Refunds
Description Warranty. The Government warrants to the original purchaser
that the property listed in the GSAAuctions.gov website will conform to its
description. If a misdescription is determined before removal of the property,
the Government will keep the property and refund any money paid. If a misdescription
is determined after removal, the Government will refund any money paid if the
purchaser takes the property at his/her expense to a location specified by the
Contracting Officer following the Refund Claim Procedure described below. No
refunds will be made, after property is removed, for shortages of individual
items within a lot. This warranty is in place of all other guarantees and warranties,
expressed or implied.
The Government does not warrant the merchantability of the property or its
purpose. The purchaser is not entitled to any payment for loss of profit or
any other money damages - special, direct, indirect, or consequential.
Refund Claim Procedure. If a refund is authorized, the bidder must (1)
submit a written notice to the Contracting Officer within 15 calendar days from
the date of removal that the property was misdescribed, (2) maintain the property
in the purchased condition until it is returned, and (3) return the property
at your own expense to a location specified by the Contracting Officer.
Refund Amount. The refund is limited to the purchase price of the misdescribed
property ONLY.
Inspection. Bidders are invited, urged and cautioned to inspect the
property prior to bidding. Bidders must contact the custodian indicated in the
item description for inspection dates and times.
Reporting Discrepancies/Hazardous Materials. Prospective purchasers
are asked to inform the sales office of any discrepancies in the property descriptions
discovered while inspecting the property and of any lots in this sale that contain
hazardous material/waste not indicated in the property descriptions.
Submission of Bid. Bidding will begin and end at the dates and times
specified for each lot in the GSAAuctions.gov website. Please note: The times
displayed at GSA Auctions are in Central time. In addition, certain auctions
are designed to extend the closing time if there is bidding activity. See the
bidding rules at GSA Auctions for details on auction's close time.
Condition
No. 17 of the Standard Form 114C applies to an item(s)/lot(s) where the total
bid exceeds $25,000. See Code of Federal Regulations (CFR, Title 41, Section
101-45.313.3)
Consideration of Bid. The Government reserves the right to reject any
and all bids.
Oral Statements and Modifications. Any oral statement or representation
by any representative of the Government, changing or supplementing the offering
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 designated representative.
Notification of Sale Results. Successful bidders will be notified by
email and must contact the personal property sales office within 48 hours from
the date the email notification was sent. Bid results will not be furnished
via telephone or fax.
Payment and Removal. Property must be paid for within 48 hours and property
removed within 10 days from the time & date of the email notification of
sale results, unless otherwise specified in contract.
Forms of Payment. Payment is restricted to the following instruments:
U.S. currency; bank cashier's check; credit union cashier's check issued by
a Federal or State chartered Credit Union; U.S. Postal Service or commercial
money order; travelers' checks; properly endorsed United States Federal, State,
or local government checks; MasterCard, VISA, Discover (Novus) and American
Express. Certified checks and bank drafts are not acceptable.
If payment is made by credit card, all sales are final.
A personal or company check will be accepted only when accompanied by a bank
letter guaranteeing payment. This letter must be on bank letterhead and must
state (1) that payment is guaranteed, (2) that the guarantee is valid for 30
days after the bid opening date, and (3) that the guarantee covers the purchase
of U.S. Government personal property only. The letter must be dated, include
the bidder's name, the amount the guarantee is for, date of sale and signed
by a bank official authorized to guarantee payment. A sample letter appears
below.
|
Bank Letterhead
Date
U.S. General Services Administration
Attn: Cashier
Mailing Address
City, State Zip + 4
This letter will introduce John Doe, who has an account with our bank.
Our bank will guarantee checks written by Mr. Doe against the account
to the U.S. General Services Administration (GSA) in payment for personal
property purchased in GSA's sale on (sale date). This guarantee covers
any amount up to a total of (dollar amount) and is valid for 30 days after
the sale date.
Sincerely,
(Signature)
Title (President, Vice-President, or loan officer)
|
Removal. SUCCESSFUL BIDDERS ARE CAUTIONED THAT THEY ARE RESPONSIBLE FOR LOADING
AND REMOVAL OF ANY AND ALL PROPERTY AWARDED TO THEM FROM THE EXACT PLACE WHERE
THE PROPERTY IS LOCATED, AS INDICATED FOR EACH ITEM ON THE GSAAUCTIONS.GOV
WEBSITE. The Purchaser will make all arrangements and perform all work necessary
to effect removal of the property, to include loading, packing and transportation
of the property.
Title to Property. Buyers of motor vehicles will receive a GSA Form
27A, "Purchaser's Receipt and Authority to Release Property," and
a Standard Form (SF) 97, " The United States Government Certificate To
Obtain Title To A Vehicle." SF 97 is not a title; it is evidence of title
only for authority to obtain title to a vehicle by the purchaser. Buyers of
salvage/crashed test vehicles will receive a SF 97 with the following statement:
"NOT TO BE TITLED FOR HIGHWAY USE". The SF 97 will be issued ONLY
to obtain a certificate not a title. Buyers of property other than motor vehicles
will receive only the GSA Form 27A.
Please Note: The way an individual registers will determine how their
information is displayed on their paperwork. Either an individual's name and
address, or their name, company name and address entered must be completed as
they wish it to appear on all subsequent paperwork. You can only select one
option on the website registration page to indicate registering as an individual
or company. Changes will not be permitted after award. If bidders wish to participate
as an individual and a representative of a company, they must register separately
for each and place bids accordingly.
Default. Bidders are cautioned to bid only on items they are prepared
to pay for and remove in accordance with the Terms and Conditions of this sale.
Failure to pay for and remove all items awarded within the specified time could
result in termination of the contract. The bidder also may be subject to paying
liquidated damages.
The following supersedes Clause No. 9 of the SF 114C:
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, 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 in 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) $200 whichever is greater, or in the event he/she fails to remove the same
within the prescribed period(s) of time, the Government shall be entitled to
retain 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)
$200, or full purchase price of such item(s) less than $200: 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 notice of default (or in separate subsequent
written notice), 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.
Blocked from Bidding. In the event bidders default for non-payment,
they will lose all rights to place bids for other items. They will only be allowed
to "browse" the items. At such time the bidder cures his/her default,
they will be unlocked and be given access to begin bidding on items.
State Sales and/or Use Tax. Purchasers of Federal personal property
may be subject to payment of State sales and/or use tax. The U.S. Government
is not responsible for collection of State taxes. Purchasers may obtain information
from a State tax office. Sales and/or use tax officials are permitted to examine
records of Federal personal property sales to determine tax liability.
Sales to Government Employees. GSA employees or spouse or minor child
of a GSA employee, or their agents, may not bid on Federal personal property.
An employee of another agency may bid if he/she is not prohibited from doing
so by his/her employing agency's rules or regulations.
Modification of Bids. The following replaces Clause No. 3.(b) of the
SF 114C.
Bids received for items offered in the GSAAuctions.gov
website may be raised before the closing date and time, as specified in the
offering. Bids cannot be lowered or canceled.
Terminated Auctions. It may be necessary to withdraw items from bidding
due to technical errors or uncontrollable circumstances. Auctions may be terminated
because the property is no longer available due to federal agency or state needs;
property becomes damaged; property is stolen, or property was improperly described.
In most cases, these items will be reoffered at a later date.
Other Special Requirements and Conditions. Please click
here to view other special requirements and conditions pertaining to property
that may be listed in the GSAAuctions.gov website.
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SALE OF GOVERNMENT PROPERTY
SPECIAL AUCTION TERMS AND CONDITIONS
Any auction sales conducted by the Federal Supply Service, General Services
Administration, is subject to the General Sale Terms and Conditions (Standard Form 114C, June 1997), and special conditions listed
below.
Registration/Inspection. To be eligible to bid, you must register at
the sale site during the inspection dates and times or the date of the sale
specified for the sale. You must be at least 18 years old and show a valid driver's
license. You will receive a bidder's registration number, a list of all the
property being offered for sale, and a copy of any special sale provisions.
You may inspect the property during the times indicated in the property listings.
Bidding. You must be present to bid. Items will be offered for sale
in the numerical order shown on the property list provided at registration.
The Government expects to receive fair market value and reserves the right to
reject any bids. Items for which offers have been rejected may be reoffered
later at the sale in an attempt to secure an acceptable bid. In case of any
dispute, the Contracting Officer's decision is final. Successful bidders will
be required to sign a bid card.
Contract Disputes. Contracts awarded from an auction sale are subject
to the Contract
Disputes Act of 1978 (41 USC 601-613) , as amended.
Bidders Indebted to the Government. The bidder warrants, by accepting
the sale Terms and Conditions and submitting a bid, that he/she is not delinquent
in paying for previous purchases of Federal personal property and any related
charges. Indebted bidders will be ineligible for contract awards. Bidders will
not be able to bid on items specified on this website until all debts have been
cleared.
Debt Collection Improvement Act of 1996. In accordance with Public Law
No. 104-134, Section 21001, The
Debt Collection Improvement Act of 1996 , the Tax Identification Number
(TIN) must be provided by anyone conducting business with the Federal Government,
from which a debt to the Government may arise. A TIN is defined as an individual's
Social Security Number (SSN) or Business Entity's Employer Identification Number
(EIN).
Condition of Property is not warranted. Condition No. 2, "Condition
and Location of Property," of Standard Form 114C is deleted in its entirety.
Deficiencies, when known, have been indicated in the property descriptions.
However, absence of any indicated deficiencies does not mean that none exists.
Description Warranty and Refunds
Description Warranty. The Government warrants to the original purchaser
that the property listed in the sales offering will conform to its description.
If a misdescription is determined before removal of the property, the Government
will keep the property and refund any money paid. If a misdescription is determined
after removal, the Government will refund any money paid if the purchaser takes
the property at his/her expense to a location specified by the Contracting Officer
following the Refund Claim Procedure described below. No refunds will be made,
after property is removed, for shortages of individual items within a lot. This
warranty is in place of all other guarantees and warranties, expressed or implied.
The Government does not warrant the merchantability of the property or its
purpose. The purchaser is not entitled to any payment for loss of profit or
any other money damages - special, direct, indirect, or consequential.
Refund Procedures. If a refund is authorized, you must (1) submit a
written notice to the Contracting Officer within 15 calendar days from the date
of removal that the property was misdescribed, (2) maintain the property in
the purchased condition until it is returned, and (3) return the property at
your own expense to a location specified by the Contracting Officer.
Refund Amount. The refund is limited to the purchase price of the misdescribed
property ONLY.
Reporting Discrepancies/Hazardous Materials. Prospective purchasers
are asked to inform the sales office of any discrepancies in the property descriptions
discovered while inspecting the property and of any lots in this sale that contain
hazardous material/waste not indicated in the property descriptions.
Payment and Removal. Property must be paid for and removed by the dates
and times specified in the sales offering.
Forms of Payment. Payment is restricted to the following instruments:
U.S. currency; bank cashier's check; credit union cashier's check issued by
a Federal or State chartered Credit Union; U.S. Postal Service or commercial
money order; travelers' checks; properly endorsed United States Federal, State,
or local government checks; MasterCard, VISA, Discover (Novus) and American
Express. Certified checks and bank drafts are not acceptable.
If payment is made by credit card, all sales are final.
A personal or company check will be accepted only when accompanied by a bank
letter guaranteeing payment. This letter must be on bank letterhead and must
state (1) that payment is guaranteed, (2) that the guarantee is valid for 30
days after the bid opening date, and (3) that the guarantee covers the purchase
of U.S. Government personal property only. The letter must be dated, include
the bidder's name, the amount the guarantee is for, date of sale and signed
by a bank official authorized to guarantee payment. A sample letter appears
below.
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Bank Letterhead
Date
U.S. General Services Administration
Attn: Cashier
Mailing Address
City, State Zip +4
This letter will introduce John Doe, who has an account with our bank.
Our bank will guarantee checks written by Mr. Doe against the account
to the U.S. General Services Administration (GSA) in payment for personal
property purchased in GSA's sale on (sale date). This guarantee covers
any amount up to a total of (dollar amount) and is valid for 30 days after
the sale date.
Sincerely,
(Signature)
Title (President, Vice-President, or loan officer)
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Removal. SUCCESSFUL BIDDERS ARE CAUTIONED THAT THEY ARE RESPONSIBLE FOR LOADING
AND REMOVAL OF ANY AND ALL PROPERTY AWARDED TO THEM FROM THE EXACT PLACE WHERE
THE PROPERTY IS LOCATED, THE SALES SITE. The Purchaser will make all arrangements
and perform all work necessary to effect removal of the property, to include
loading, packing and transportation of the property.
Title to Property. Buyers of motor vehicles will receive a GSA Form
27A, "Purchaser's Receipt and Authority to Release Property," and
a Standard Form (SF) 97, " The United States Government Certificate To
Obtain Title To A Vehicle." SF 97 is not a title; it is evidence of title
only for authority to obtain title to a vehicle by the purchaser. Buyers of
salvage/crashed test vehicles will receive a SF 97 with the following statement:
"NOT TO BE TITLED FOR HIGHWAY USE". The SF 97 will be issued ONLY
to obtain a certificate not a title. Buyers of property other than motor vehicles
will receive only the GSA Form 27A.
Please Note: The way an individual registers will determine how their information
is displayed on their paperwork. Either an individual's name and address, or
their name, company name and address entered must be completed as they wish
it to appear on all subsequent paperwork. Changes will not be permitted after
award.
Default. Bidders are cautioned to bid only on items they are prepared to pay
for and remove in accordance with the terms and conditions of this sale. Failure
to pay for and remove all items awarded within the specified time could result
in termination of the contract. The bidder also may be subject to paying liquidated
damages.
The following supersedes Clause No. 9 of the SF 114C:
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) $200: 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.
GSA does not grant extensions of time for payment and removal.
State Sales and/or Use Tax. Purchasers of Federal personal property may be
subject to payment of State sales and/or use tax. The U.S. Government is not
responsible for collection of State taxes. Purchasers may obtain information
from a State tax office. Sales and/or use tax officials are permitted to examine
records of Federal personal property sales to determine tax liability.
Sales to Government Employees. GSA employees or spouse or minor child
of a GSA employee, or their agents, may not bid on Federal personal property.
An employee of another agency may bid if he/she is not prohibited from doing
so by his/her employing agency's rules or regulations.
Other Special Requirements and Conditions. Please
click here to view other special requirements and conditions pertaining
to property that may be listed in the sales offerings.
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