Attachments_IFB_33-9066.pdf

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INTRODUCTION

This SALE BY REFERENCE pamphlet contains standard Instructions, Terms and Conditions normally used in the various methods of surplus and foreign excess personal property sales conducted by DLA Disposition Services and its principal Sales Offices worldwide.

The standard Instructions, Terms and Conditions herein will not be published in the majority of our sales auctions. Instead, the sales auctions will incorporate by reference those Instructions, Terms and Conditions which are applicable to each sale.

This SALE BY REFERENCE pamphlet supersedes the March 1994 edition. Many articles contained within this new edition have been changed/modified; therefore, Bidders are cautioned to read all Instructions, Terms and Conditions carefully. Those applicable to property located in the United States (herein referred to as Surplus Property) differ substantially from those applicable to the property located outside of the United States (herein referred to as Foreign Excess Personal Property).

Special attention should be given, but is not limited to the following clauses:

• Bid Information (Part 1 Article 3)

• Storage Charges/Late Removal Charges (Part 2 Article 29)

• Ali-or-None Bid (Part 3 Article E)

YOU ARE CAUTIONED TO RETAIN THIS PAMPHLET FOR

REFERENCE PURPOSES.

Questions concerning this pamphlet should be directed to DLA Disposition Services, ATTN: Sales Office, Federal Center, 74 Washington Ave. North, Battle Creek, MI 49037.

FOR THE DIRECTOR

TINA ALDRICH

Director Customer Support

PART 1

GENERAL INFORMATION AND INSTRUCTIONS

DRMS FORM 81

OCT 93

1. RECEIPTS

Receipts for payment are not furnished to Purchasers. It is the Purchaser's responsibility to ensure that the Government has received payment prior to effecting removal of property. Property will not be released until payment is received. All payments must be submitted directly to the Sales Office conducting the sale unless the Purchaser is instructed otherwise.

2. REFUNDS

Bid deposit instruments of unsuccessful Bidders will be returned. Bid deposits submitted in the form of cash will be refunded by U.S. Government check. All refunds will be made as promptly as possible.

3. BID INFORMATION

Bid Abstracts and List of Successful Bidders will be available on our website after awards are made.

4. PAYMENT & REMOVAL OF

PROPERTY

Upon the official notice of award (DRMS Form 1427), the purchaser is responsible for payment in accordance with the terms and conditions of the contract. Payments processed through Defense Finance Accounting Service (DFAS) generally take

3-5 business days to be cleared. Once cleared, a notice will be sent to DLA Disposition Service Field Office as an official notification that property may be released. A DLA Representative will contact the purchaser to arrange pick up. Purchasers are responsible for making all necessary arrangements for the removal of their property. When employing the services of another party to accomplish removal, purchasers are advised to give their agent or carrier complete information regarding the removal, including weight, packing instructions and final contract removal date.

Purchasers should also maintain close contact with their agent or carrier to assure that removal is accomplished as prescribed under the terms and conditions of their contract.

5. COMMON CARRIERS AND PACKING

CONCERNS

Upon request, the activity where the property is located will provide a list of common carriers and packing concerns serving that geographic area. This list is compiled from local sources and may not be complete. The Government does not assume responsibility or liability for services furnished by any of the firms listed, nor does the Government endorse the use or business practices of any listed business.

6. STATE OR USE TAX

Any sale or use tax imposed by any state, country or political subdivision will be paid by the Purchaser.

7. EXPORT/IMPORT OF PROPERTY

Property purchased from the United States Government may or may not be authorized for export/import from or into another country where property is located.

If export/import is allowed, the Purchaser is solely responsible for obtaining required clearances or approvals.

8. CUSTOM DUTIES AND TAXES

Items purchased outside the United States may be subject to foreign government taxes, duties, or similar charges. Payment of such assessments is the responsibility of the Purchaser. The Purchaser must provide documentation of payment or customs clearance to the Sales Office before removal of the property will be allowed.

9. ORIGIN OF PROPERTY

Unless otherwise stated in the Sales offering, all items are considered to be of United States origin.

10. LAW GOVERNING CONTRACT

When a contract dispute arises requiring consideration of the law, the rights and obligations of the parties will be determined by the law of the United States of America.

11. TRANSLATION

Where disagreement exists between the English text and a foreign language translation of this document, the English text will govern.

12. CERTIFICATE OF RELEASE OF A

MOTOR VEHICLE – STANDARD FORM

(SF) 97

An SF97 is not generally issued to Purchasers of vehicles sold as scrap or those subjected to extensive reclamation or cannibalization. However, this document can be issued if requested by the Purchaser, provided a complete serial number can be found on the body or chassis of the vehicle.

A request for issuance of an SF97 must be submitted to DLA Disposition Services or Sales Contracting Office for determination prior to removal of the property. Such requests generally will not be honored after removal.

13. TRANSIT OF PROPERTY

Purchasers of United States Government property located in countries other than where the Purchaser resides are reminded to check host country requirements for removal and transit of property. The local Customs Office of the host country may require a special type of conveyance and posting of monetary or other security before release of the property from the storage location.

14. SAFETY EQUIPMENT

Customers must possess and use appropriate safety equipment and clothing whenever in the operational areas of any DLA Disposition Services Site.

15. JOINT BID

a. Joint Bids are acceptable if:

(1) The joint bid and all principles of the joint venture are disclosed on the bid form (SF114) of the Bidder registration (DRMS Form 1581);

(2) The joint bid does not disregard the required CERTIFICATE OF

INDEPENDENT PRICE

DETERMINATION clause Part 2, Condition 19 of this pamphlet;

(3) The joint bid does not appear to restrict competition. (NOTE: COLLUSIVE

BIDDING IS ILLEGAL. IT VIOLATES

THE SHERMAN ANTITRUST ACT, 15

U.S.C. 1, A FELONY OFFENSE.)

b. The person signing the bid is certifying that they:

(1) are the person in the organization responsible for determining the prices being offered in this bid, and that they have not participated and will not participate in any action contrary to the Certificate of Independent Price Determination provision;

or

(2) are authorized to act for the principals of the Bidder's organization in certifying that the principals have not participated, and will not participate in any action contrary to the Certificate of Independent Price Determination.

16. DENIAL OF ACCESS TO DLA

DISPOSITION SERVICES FACILITIES

The following individuals and firms are prohibited from participating in and receiving an award from any sale or entering the facilities of this agency:

a. Those who have committed a security trade control violation under a surplus or foreign excess sales contract.

b. Those who are indebted to the Government under surplus or foreign excess sales contracts.

c. Those who are either suspended, proposed for debarment or debarred by DLA Disposition Services, Department of Defense (DoD) or any other Executive Agency from participation in the Surplus and Foreign Excess Sales Program.

d. Those who are listed in the Department of Commerce Excluded Parties Lists.

PART 2

SALE OF GOVERNMENT PROPERTY GENERAL SALE TERMS AND CONDITIONS

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 Sale.

2. CONDITION AND LOCATION OF

Unless otherwise provided in the Sale, all property listed therein is offered for sale "as is" and "where is." Unless otherwise provided in the Sale, 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 Sale, 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 Sale, telegraphic or telephonic bids will not be considered.

b. The Bidder agrees that their 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 their 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, when in the best interest of the Government.

Unless the Sale 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 item.

4. FORMS OF BID DEPOSITS/PRE

PAYMENTS

Unless otherwise provided in the Sale, bid deposits/or pre-payments (when required by the Sale) 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/pre-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 Sale. 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 in accordance with the prices quoted in the 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/pre-payment, if any, must be made within the time specified in the Sale 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 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 their under the Sale is less than the total amount deposited with their bid, the difference will be promptly refunded, and 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 ten dollar ($10).

7. TITLE

title to the property sold shall vest in the Purchaser when removal is affected. 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 Sale.

8. DELIVERY, LOADING, AND

REMOVAL OF PROPERTY

a. Unless otherwise provided in the Sale, the Purchaser shall be entitled to obtain the property upon full payment 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 Sale, and unless otherwise provided in the Sale, 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 Sale, 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 Sale 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 their expense within the period of time allowed in the Sale. If the Contracting Officer determines that the failure to remove the property within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Purchaser, such determination shall be documented, and a reasonable 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 restrictions, strikes, freight embargoes, and severe 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 their authorized representative.

c. Items purchased under the Sale will be released only to the Purchaser or their 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 safe or 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 notification), 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 Sales offering, 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

10. SETOFF OF REFUNDS

The Bidder or Purchaser agrees that the selling agency may use all or a portion of any bid deposit/pre-payment 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

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 Sale, 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

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 Sale 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 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 responsible 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 through (a)(3) above, and

(iii) As an agent, has not personally participated, and will not participate, in any 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. ASSIGNMENT OF CONTRACTS

Any contract awarded under the Sale 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 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 Sale.

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.

26. 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 employed 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.

STANDARD FORM 114C

REVISED 4/2001

PRESCRIBED BY GSA FPMR (41 CFR)

101-45.3

PART 2

ADDITIONAL GENERAL SALE TERMS AND CONDITIONS

DRMS FORM 84

27. LAWS AND REGULATIONS

The Purchaser, its employees and agents must identify and comply with all applicable Federal, International, State, Department of Transportation and local safety and environmental statutes, municipal laws, ordinances, and regulations applicable to the processing, use or disposal of any property purchased.

28. PALLETS AND CONTAINERS

All pallets, skids and containers in or on which the property is stored or displayed are not for sale and will not be removed unless specifically provided in the Sales offering.

29. STORAGE CHARGES

In accordance with Part 2, Condition 8, DELIVERY, LOADING AND REMOVAL

OF PROPERTY, if the purchaser is allowed to remove property after the final removal date, as stated on the award document (DRMS Form 1427) or any extended date as granted by the Sales Contracting Officer, the Purchaser will be required to pay storage charges.

Unless otherwise specified in the Sales offering, storage charges for each line item stored inside will be twelve cents ($.12) per hundred pounds, or $.264 per hundred kilograms (overseas), per day. Rates for outside storage will be six cents ($.06) per hundred pounds or $.132 per hundred kilograms (overseas) for each line item per day. Fractions of hundred weights will be rounded up to the nearest hundred weight (e.g., 201 pounds = 300 pounds).

Storage charges will be assessed for all property using the estimated or advertised weight contained in the item description.

However, when property is sold by weight, storage will be assessed in accordance with the actual weight delivered.

Purchaser will only be assessed storage charges for the property actually removed.

The minimum charge is $10.00 per line item.

Storage charges will not exceed 50 percent of the total line item price, unless 50 percent of that total line item price is less than the minimum rate. In those instances, the minimum rate will apply.

When storage charges are assessed, payment must be made by the Purchaser prior to removal of the property unless otherwise authorized by the Sales Contracting Officer.

Storage charges will not be assessed for Saturdays, Sundays, Federal holidays or any day that the installation of DLA Disposition Services site is closed, unless otherwise specified in the Sales offering.

30. LETTERS OF CREDIT

Letters of credit may be used to support uncertified personal or company checks as bid deposits or payments, if the letter of credit meets all of the following requirements:

a. It must be either an original document on bank stationary or clearly state on its face that reproductions of the original may be considered as an original document.

b. It must be signed by a bank officer or duly authorized representative of the bank.

c. It must either clearly state that it is a letter of credit or otherwise constitute a letter of credit under Article 4 of the Uniform Commercial Code.

d. It cannot be revocable.

e. It must state the name and address of the Bidder/Purchaser which is covered by the letter of credit.

f. It must reference the sale number for which it is provided.

g. It must indicate the maximum amount guaranteed.

h. Under terms or letter of credit, drafts must be honored at any time they are presented.

31. GUARANTEED DESCRIPTIONS

Despite any other conditions of sale, the Government guarantees to the original Purchaser that the property will be as described in the Sales offering; however:

a. If a misdescription is determined to exist prior to removal of property, the Government will:

(1) Allow the purchaser to sign a waiver accepting the property as is, with no adjustment made to contract price for that

(2) Cancel the item from the contract and refund the Purchaser any money the Government has already received for the

b. If a misrepresentation is determined to exist after removal of the property, the Government will adjust the price paid for the property or any portion thereof determined to be misdescribed commensurate with the fair market value of the property actually received; however:

(1) No adjustment will be made for shortages of property sold by the "lot", and

(2) No adjustment will be made unless the Purchaser notifies the Sales Contracting Officer of any misdescription by written notice, within 30 calendar days after removal of the property (except for property purchased overseas for import to United States, in which case the Purchaser has 60 calendar days from the date of removal or 30 calendar days from the date of importation, whichever is less). The Purchaser must hold the property intact to permit inspection or identification by the Government. FURTHERMORE, THE

GOVERNMENT DOES NOT WARRANT

OR GUARANTEE ANY OF THE

FOLLOWING:

(a) Information in the item description pertaining to condition, acquisition cost, estimated total weight, estimated shipping dimensions, manufacturer's part number, Federal Stock Number of the property's fitness for any use of purpose.

(b) Estimated "weight" of property offered for sale by the "unit" of by the "lot".

(c) Estimated number of "units" of property offered for sale by "weight".

c. Should the Contracting Officer determine that a misdescription exists after removal of property, regardless of the exceptions stated above under this clause, the Government will accept return of the misdescribed property at the Purchaser's expense, to a location specified by the Contracting Officer, for a refund of any money received for that property, provided the Contracting Officer received timely notice of the misdescription as stated in paragraph b(2) above.

d. This warranty is in lieu of all other guarantees, expressed or implied and all other obligations on the part of the Government. The Purchaser is not entitled to any payment for loss of profits or any other monetary damages, special, direct, indirect, or consequential. Recovery of any kind against the Government under this provision is limited to a refund of the purchase price of the material found to have been misdescribed. THE GOVERNMENT

DOES NOT WARRANTY THE

MERCHANTABILITY OF THE

PROPERTY OR ITS FITNESS FOR ANY

USE OR PURPOSE.

32. NOTICE OF DEBARRED OR

SUSPENDED CONTRACTORS

Any contract awarded to an individual or firm is voidable, at the option of the Government if, at the time of award the Purchaser was proposed for debarment, has been disbarred, suspended, or for any other reason is ineligible to receive a Government

33. DISPUTES

Any contract awarded as a result of this sale is subject to the Contract Disputes Act 1978 (41 U.S.C. 601-613).

34. TIE-IN AND ALL-OR-NONE BID

Unless specified in the Sales offering, qualified, tie-in, all-or-none or combination Bid are not acceptable and will be rejected as nonresponsive. This includes bid conditioned upon the acceptance or nonacceptance of Bid on other items. The Sales offering may specify that such Bid is only acceptable for certain items.

35. DEMURRAGE AND OTHER

STANDBY COSTS

Whenever the Sales offering specifies that the Government will load, the Government will not be liable for any costs, direct or indirect, incurred by the Purchaser because of the Government's failure to load property in a timely manner. The only remedy for such a failure is an appropriate extension of the free removal period.

PART 3

SALE OF GOVERNMENT PROPERTY SPECIAL SEALED BID CONDITIONS

A. BID DEPOSITS

Where a bid deposit is required by the Sale, all bids must be accompanied by such deposit in the amount of 20% of the total amount bid which must be in the possession of the Contracting Officer by the time set for bid opening. Bid deposits shall be in the form prescribed in Condition No. 4, General Sale Terms and Conditions (Standard Form 114C). Deposit Bond-Individual Sale, Sale of Government Personal Property (Standard Form 150) properly executed or, when provided for in the Sale, reference to an approved Deposit Bond-Annual, Sale of Government Personal Property (Standard Form 151) are acceptable in lieu of the form of deposit authorized in Condition No. 4, General Sale Terms and Conditions (Standard Form 114C). Any bid which is not timely supported by an acceptable bid deposit may be rejected as nonresponsive.

Any bid deposit received after bid opening will be considered in the same manner as late bids.

B. MODIFICATION OR WITHDRAWAL

OF BIDS

Bids may be modified or withdrawn by written or telegraphic notice and a bid also may be withdrawn in person by a bidder or his/her authorized representative, provided his/her identity is made known and he/she signs a receipt for the bid. Where a bid deposit is required by the Sale, any modification which increases the amount of a bid already submitted or which submits bids on items not previously bid upon must provide for an increased bid deposit.

C. CONSIDERATION OF LATE BIDS,

MODIFICATIONS, OR WITHDRAWALS

Bids and modifications or withdrawals thereof, must be in the possession of the Contracting Officer by the time set for bid opening. Any bid, modification, or withdrawal received after the time set for bid opening will not be considered unless received by the Contracting Officer prior to award, was mailed (or telegraphed where authorized) and in fact delivered to the address specified in the Sales offering in sufficient time to have been received by the Contracting Officer by the time and date set forth in the Sale for the bid opening, and, except for delay attributable to personnel of the sales office or their designees, would have been received on time. In no event will hand-carried bids or withdrawals be considered if delivered to the Contracting Officer after the exact time and date set for bid opening. However, a modification which makes the terms of the otherwise successful bid more favorable to the Government will be considered at any time it is received prior to award and may be accepted.

D. AWARD OF CONTRACT

The contract will be awarded to that responsible Bidder whose bid conforming to the Sale will be most advantageous to the Government, price and other factors considered. A written award mailed (or otherwise furnished) to the successful Bidder within the time for acceptance provided in the Sale shall be deemed to result in a binding contract without any further action by either party.

STANDARD FORM 114C-1

PART 3

SALE OF GOVERNMENT PROPERTY SPECIAL SEALED BID CONDITIONS

DRMS FORM 99

ARTICLE E: ALL-OR-NONE-BID

Unless otherwise specified in the Sales offering, all-or-none bids are acceptable on this sale. The Sale may limit which items are eligible for such Bid. Check the Sale.

a. Bids may be submitted conditioned upon the Government accepting or not accepting bids on other line items. Bids may also be submitted on an "all-or-none" basis.

b. When an "all-or-none" bid is submitted, the Bidder may not submit individual bids for the same items. If an "all-or-none" bid is submitted along with individual item bid(s) and the individual item bid cover a part or all the same items of the "all-or-none" bid, only the "all-or-none" bid will be considered. Those individual item bids that are encompassed in the "all-or-none" bid will be rejected and not considered for individual award.

c. When an "all-or-none" bid is submitted, the Government reserves the right for contract administration purposes to establish individual line item prices against the "all-or-none" bid against the same high responsive individual bids received. If no other bids were received, the proration will be made using what the Government considers to be a fair market value for the items.

d. When an "all-or-none" bid is received, and the Government has withdrawn any of the items involved in the bid, all remaining items in the bid cannot be considered for award unless the bid is qualified by inserting the following language:

IN THE EVENT THE GOVERNMENT

WITHDRAWS ANY OF THE ITEMS

COVERED BY MY "ALL-OR-NONE"

BID, I DESIRE THE REMAINING ITEMS

TO BE CONSIDERED ON A PRO RATA

"ALL-OR-NONE" BASIS.

PART 4

SALE OF GOVERNMENT PROPERTY SPECIAL SEALED – TERM CONDITIONS

1. BID DEPOSITS

All bids must be accompanied by a bid deposit which must be in the possession of the Contracting Officer by the time set for bid opening. Bid deposits shall be in the form prescribed in Condition No. 4, General Sale Terms and Conditions (Standard Form 114C). Unless otherwise provided in the Sale, a bid deposit of 20% of the estimated total contract price is required on sales not exceeding one year; sales exceeding one year's duration will require a bid deposit computed at 20% of the total price estimated for one year's removal of property. Deposit Bond-Individual Sale, Sale of Government Personal Property (Standard Form 150), or Deposit Bond-Annual, Sale of Government Personal Property (Standard Form 151) are NOT acceptable as bid deposits. In accordance with Condition No. 6 of the General Sale Terms and Conditions entitled "Payment" (Standard Form 114C), the 20% bid deposit submitted by the Purchaser will be retained by the Government and applied against the last delivery effected under the contract. At the option of the successful bidder, a Performance Bond (Standard Form

25) may be substituted by the successful bidder for his/her bid deposit at any time after notification of award of the contract.

Any bid which is not timely supported by a proper bid deposit may be rejected as nonresponsive. Any bid deposit received after bid opening will be considered in the same manner as late bids.

2. PRE-PAYMENT

A pre-payment of 20% of the estimated total price for one year’s removal of property will be required. In accordance with Condition No. 4 of the General Sale Terms and Conditions entitled “Payment”, the 20% pre-payment submitted by the Purchaser will be retained by the Government and applied against the last delivery effected under the contract.

3. MODIFICATION OR WITHDRAWAL

Bids may be modified or withdrawn by may be withdrawn in person by a bidder or his/her authorized representative, provided his/her identity is made known and he/she signs a receipt for the bid. Any bid modification which increases the amount of a bid already submitted or which submits bids on items not previously bid on must provide for an increased bid deposit.

4. CONSIDERATION OF LATE BIDS,

MODIFICATIONS, OR WITHDRAWLS.

Bids and modifications or withdrawals thereof, must be in the possession of the Contracting Officer by the time set for bid opening. Any bid, modification, or withdrawal received after the time set for bid opening will not be considered unless received by the Contracting Officer prior to award, was mailed (or telegraphed where authorized) and in fact delivered to the address specified in the Sales offering in sufficient time to have been received by the Contracting Officer by the time and date set forth in the Sale for the bid opening, and, except for delay attributable to personnel of the sales office or their designees, would have been received on time. In no event will hand-carried bids or withdrawals be considered if delivered to the Contracting Officer after the exact time and date set for bid opening. However, a modification which makes the terms of the otherwise successful bid more favorable to the Government will be considered at any time it is received prior to award and may be accepted.

5. ADJUSTMENT FOR VARIATION IN

QUANTITY OR WEIGHT.

Part 2, Condition No. 12, General Sale Terms and Conditions (Standard Form 114C) is modified to authorize the Government to vary the quantity or weight delivered by 50% from the quantity or weight listed in the Sale.

6. TERMINATION

this contract may be terminated by either party without cost to the Government upon 30 days' written notice to the other, to be calculated from the date the notice is mailed.

7. FAILURE TO PERFORM

In the event the Purchaser fails to make payment as required by Part 2, Condition No. 6, General Sale Terms and Conditions (Standard Form 114C), or fails to remove the property as required by Part 2, Condition No. 8, General Sale Terms and Conditions, and fails to cure the default within the time allowed by the notice given in accordance with Part 2, Condition No.