20000613J42.1BOS.doc

RFP Solicitation F05604-03-R-0011

Electric Utilities Privatization

F.E. Warren AFB WY brooks air force base september 1999 contract no. f08637-94-d-6002-5067 utility system privatization draft

Attachment J42

Example Bill Of Sale

This attachment contains an example Bill-Of-Sale that will be used to convey the utility system assets.

Utility System Bill Of Sale

(Equipment, Fixtures, Structures, and Other Improvements) at

(Installation Name)

This Bill Of Sale is made this ______day of __________, 200_, from the United States Of America (hereinafter the “Government”), acting by and through the Secretary of the Air Force under and pursuant to the powers and authority contained in 10 U.S.C. §2688, and orders promulgated thereunder, to (insert Purchaser’s name, type of business, address, and other relevant information) (hereinafter the "Purchaser"). This Bill of Sale takes effect on the contract start date and time as defined in contract number ___________ dated _____________.

1. The Government, [use in the alternative: “for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged” or “for the sum of $________ in United States currency”], hereby sells, transfers, sets over, and delivers to the Purchaser, its successors and assigns, all the right, title, and interest of the Government in and to the (insert type of system) Utility System (hereinafter “System”) owned by the Government, as and where such System presently exists on (insert installation name)(hereinafter the “Installation”), comprised of all equipment, fixtures, structures, and other improvements, including access as provided for in the right-of-way of even date with this bill of sale, wholly excluding, however, any real property underlying, overlying, or surrounding such equipment, fixtures, structures, and other improvements. Such System is more specifically described on Exhibit A, Inventory, attached hereto and made a part hereof.

2. The Government, for itself and for its assigns, hereby covenants to and with the Purchaser and its successors and assigns, that the Government is the lawful owner of the System and has the good right to sell and transfer the same.

3. The Government specifically disclaims and excludes any implied warranties of condition, of fitness for a particular purpose, of merchantability, or of any other kind under the laws of the United States and of the state in which the System is located. The System is sold “as is, where is.” This bill of sale does not grant any right of access, right-of-way, or easement of any kind whatsoever over, across, or to the real property underlying, overlying, or surrounding the System. Any right of access to the System is contained, if at all, in a document separate from this bill of sale.

In Witness Whereof, the Government has executed this Bill of Sale the day and year first above written.

THE UNITED STATES OF AMERICA,

by the Secretary of the Air Force

BY:_________________________

Witness:

Exhibit A—Inventory of Property

[Insert the inventory of the system here.]

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