Please be advised that any offering from the General Services Administration, Federal Acquisition Service’s is subject to the General Sale Terms and Conditions (Standard Form 114C, April 2001). To view PDF files, you need Adobe’s Acrobat Reader. Download Adobe Reader for free, if you do not have it already.
The terms and conditions are incorporated to:
Ensure compliance with the terms of the contract.
Safeguard the interests of the U.S. Government in its contractual relationships.
Your participation in GSA sales constitutes your agreement with these terms.
In addition, each offering may include additional special terms and conditions specific to the method under which items are offered (i.e., auction, online (GSA Auctions℠), sealed bid, drop-by). The additional information will be referenced in the Invitation for Bid and is listed under the “Special” Terms and Conditions tab.
Any Sealed Bid sales conducted by the Federal Acquisition Service, General Services Administration, is subject to the General Sale Terms and Conditions (Standard Form 114C, April 2001) 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:
SALE NUMBER
BID OPENING DATE/TIME
US GENERAL SERVICES ADMINISTRATON
MAILING ADDRESS
CITY, STATE ZIP + 4
Hand-delivered bids, including those dispatched via rapid mail services and couriers:
SALE NUMBER
OPENING DATE/TIME
US GENERAL SERVICES ADMINISTRATION
PHYSICAL ADDRESS
CITY STATE ZIP + 4
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.
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 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) following liquidated damages (see fee structure below):
Provided, That in the event of multiple awards of items under a single Invitation for Bids, the amount to be charged 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.
Any drop-by sales conducted by the Federal Acquisition Service, General Services Administration, is subject to the General Sale Terms and Conditions (Standard Form 114C, April 2001), 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.
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. 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.
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 Acquisition Service's Internet Website, GSAAuctions.gov, is subject to the General Sales Terms and Conditions Standard Form 114C, April 2001 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.
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.
Any auction sales conducted by the Federal Acquisition Service, General Services Administration, is subject to the General Sale Terms and Conditions Standard Form 114C, April 2001, 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.
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, 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.
Federal Aviation Administration Flight Certification. All civil aircraft operated in the United States must have an airworthiness certificate in accordance with regulations established by the Federal Aviation Administration. The General Services Administration does not in any way represent that aircraft that may be offered in the GSAAuctions.gov Web site that now meet, or can be modified to meet, such certification requirements and assumes no liability in connection therewith. Prospective purchasers contemplating operation of the aircraft in the United States, its territories, or possessions are urged to consult the Federal Aviation Administration for airworthiness requirements prior to making any commitment for the purchase of the aircraft.
Electronic Products - Certified and Noncertified. Purchasers are warned that some items may not be in compliance with Food and Drug Administration radiation safety performance standards prescribed under 21 CFR Part 1000 (under development), and use may constitute a potential for personal injury unless modified. The purchaser agrees that the Government shall not be liable for personal injuries to, disabilities of, or death of the purchaser, the purchaser's employees, or to any other person arising from or incident to the purchase of any said item, its use, or disposition. The purchaser shall hold the Government harmless from any or all debts, liabilities, judgements, costs, demands, suits, actions, or claims of any nature arising from or incident to the purchase or resale of any such item. The purchaser agrees to notify any subsequent purchaser of this type of property of the potential for personal injury in using this type of item without a radiation survey to determine the acceptability for use and/or modification to bring item of this type into compliance with the radiation safety performance standard prescribed for this type of item under 21 CFR Part 1000.
Garbage. Prior to award the bidder agrees to furnish a certification from an Animal and Plant Health Inspection Service representative of the U.S. Department of Agriculture that he/she possesses adequate and approved garbage sterilization equipment. In the event of an acceptance of his/her bid by the Government, the bidder warrants that all garbage received under the contract will be sterilized not less than 30 minutes at 212o F before being fed to livestock or poultry. The bidder agrees to permit representatives of the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture to make inspections at any time without prior arrangements to determine that the garbage is heat treated in accordance with the provisions.
Insecticides, fungicides, and rodenticides. Purchasers of insecticides, fungicides, and rodenticides are subject to the regulations and restrictions imposed by the Federal Insecticide, Fungicide, and Rodenticide Act of 1972, 7 U.S.C. Stat. 135 et seq. (http://www.citation.com/hpages/fifra.html), relative to registering the insecticide, fungicide, or rodenticide with the Environmental Protection Agency and the proper labeling of containers.
Mattresses, bedding, and upholstered furniture. For any mattress, bedding, or upholstered furniture offered in the GSAAuctions.gov website, the purchaser is advised to procure and affix tags, labels, or stamps required by law or otherwise to comply with the State laws pertaining to sterilization, resale, reuse of the items and filling material as required by State laws.
Radioactively contaminated equipment. Purchasers are warned that some property purchased in the GSAAuctions.gov Web site is surface uranium contaminated. Eligible purchasers must hold an appropriate NRC license for the possession of the uranium involved (see 10 CFR) or arrange for decontamination by a NRC licensed decontaminator in accordance. Purchasers of such property shall comply with regulations of the NRC as prescribed in 10 CFR 20 (http://www.access.gpo.gov/nara/cfr/waisidx_00/10cfr20_00.html), Standards for protection against Radiation. If the purchaser has a NRC license, a copy of the license shall be submitted with his/her bid.
Sodium-filled valves. Purchasers are warned that some valves that may be offered in the GSAAuctions.gov site may contain sodium which is explosive in nature when brought into contact with water. The purchaser agrees that he/she will properly dispose of said sodium valves at his/her own risk. The Government assumes no liability for damages to the property of the purchaser or for personal injuries, disabilities, or death to the purchaser or the purchaser's employee or to any other person arising from or incident to the purchaser of this material or its use of disposition. The purchaser shall hold the Government harmless from any and all claims of any nature arising from or out of the purchase use or resale of this material.
Stills and distilling apparatus. In the event a still or distilling apparatus offered in the GSAAuctions.gov Web site is being purchased for use or for intended use in the distillation, redistillation, or recovery of distilled spirits, and when set up for such use, the purchaser agrees to comply with 27 CFR 196 (http://www.access.gpo.gov/nara/cfr/waisidx_99/27c cfrvl_99.html), requiring registration with the Bureau of Alcohol, Tobacco and Firearms, Regional Regulatory Administrator, for the area within which the equipment is located.
Requirements to Comply with Applicable Laws & Regulations. It is the Bidder's responsibility to ascertain and comply with all applicable Federal, State, local, multi-jurisdictional and export laws, ordinances, and regulations pertaining to the registration, licensing, handling, possession, transportation, transfer, export, processing, manufacture, sale, use or disposal of the property listed in the Invitation. Purchasers or users of this property are not excused from any violation of such laws or regulations either because the United States is a part to this sale or has had any interest in the property at any time.
Year 2000 Compliance. No warranty is made as to information processing capabilities or compliance of the property, including, without limitation, the capacity to handle date-related information associated with the Year 2000. Be advised that any medical equipment may not operate correctly after the year 2000, thereby presenting a health risk.
Vehicles. The vehicles being offered in the GSAAuctions.gov Web site may not meet state motor vehicle emissions inspections and may require repairs to meet those standards. In accordance with the Requirement to Comply with Applicable Laws & Regulations as described above, any necessary testing or repairs shall be solely the responsibility of the bidder/purchaser. To help protect the environment and reduce the amount of solid waste in our landfills, Federal agencies are using retread tires on some vehicles.
Ammunition. Lots containing ammunition components are subject to the requirements of 18 U.S.C. 921-930 and the regulations issued pursuant to these provisions. By agreeing to the terms & conditions, the bidder warrants and certifies that he/she will comply with 18 U.S.C. 921-930 and all other applicable local, state and Federal laws and regulations.
Asbestos. Purchasers are warned that some property may contain asbestos. Inhaling asbestos fibers may cause cancer. Do no release fibers by cutting, crushing, sanding, disassembling, or otherwise altering this property. End users and new owners should be warned. OSHA standards for owner's protection are codified at 29 CFR 1910.1001. EPA disposal standards are codified at 40 CFR Part 763 (http://www.access.gpo.gov/nara/cfr/waisidx_99/40cfr763_99.html). The purchaser certifies that they will, at a minimum, comply with the provisions of 29 C.F.R. 1910.1001.
Lead Paint. Purchasers are warned that some property may contain lead-containing paint. They must comply with the Consumer Product Safety Commission regulations set forth in 16 CFR Part 1303. The Government shall not be liable for personal injuries to, disabilities of, or death of any persons arising from or incident to the sale of this property, its uses, or its final disposition; and to hold the Government harmless from any and all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the sale of this property, its use, or its final disposition.
Agricultural and industrial equipment refinish coatings; industrial (and commercial) building and equipment maintenance coatings, including traffic and safety marking coatings; graphic art coatings (i.e., products marketed solely for application on billboards, road signs, and similar uses and for identification marking in industrial buildings; touchup coatings for agricultural equipment, lawn and garden equipment, and appliances; and catalyzed coatings marketed solely for use on radio-controlled model-powered aircraft are exempt. These products will bear on the main panel of their labels, in addition to any labeling that may be otherwise required, the signal word "Warning" and the following statement: "Contains Lead. Dried Film of This Paint May Be Harmful If Eaten or Chewed." These products will also bear on their label the following additional statement or its practical equivalent:
Do not apply on toys and other children's articles, furniture, or interior surfaces of any dwelling or facility which may be occupied or used by children. Do not apply on exterior surfaces of dwelling units, such as windowsills, porches, stairs, or railings, to which children may be commonly exposed.
KEEP OUT OF REACH OF CHILDREN
In addition, mirrors, which are part of furniture articles to the extent that they bear lead-containing backing, paint; artists' paints and related materials; and metal furniture articles (but not metal children's furniture) bearing factory-applied (lead) coatings are also exempt with no cautionary labeling.
The purchaser certifies that they have read and fully comprehend the aforementioned terms and conditions of the sale. They comply with the applicable Consumer Product Safety Commission regulations set forth in 16 CFR Part 1303. They further agree that the Government shall not be liable for personal injuries to, disabilities of, or death of any persons arising from or incident to the sale of this property, its uses, or its final disposition; and to hold the Government harmless from any and all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the sale of this property, its use, or its final disposition.
PCBs (polychlorinated biphenylis). Any property containing PCBs, a toxic environmental contaminant, requires special handling and disposal in accordance with the U.S. Environmental Protection Agency regulation at 40 CFR Part 761, applicable State laws, and 41 CFR 101-42.1102-2. For proper disposal information, contact the nearest EPA office. For transportation requirements, see 49 CFR Parts 171-180.
Batteries. Care should be taken when recycling batteries. A toxic gas that can be formed when lead-calcium and lead antimony are melted down could be fatal if inhaled.
Medical Devices. Purchasers of medical device items hereby certify and assure that such items will be used or resold only under the conditions specified below:
Medical device items are subject to the laws and regulations administered by the Food and Drug Administration (FDA). Provisions of the governing statute, the Federal Food, Drug and Cosmetic Act appear in 21 U.S.C. 331, et. seq . In summary, the Act prohibits the movement in interstate commerce of medical devices that are misbranded or adulterated. The Act authorizes FDA to initiate criminal enforcement proceedings against companies and/or individuals responsible for violations of its provisions. Moreover, the Act authorizes FDA to initiate civil proceedings to seize, or enjoin the distribution of such items. Prescription devices are subject to additional Federal, state and other applicable laws. Federal law requires that prescription devices be in the possession of either persons lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution of such device, or practitioners licensed by their state. Federal law also requires that prescription devices be sold only to or on the prescription or order of a licensed practitioner for use in the course of his or her professional practice, and that the devices are labeled in a specific manner. Refer to 21 CFR 801.109.
Noncertified and certified electronic products. Purchasers are warned that some items purchased may not be in compliance with Food and Drug Administration radiation safety performance standards prescribed under 21 CFR Part 1000, and use may constitute a potential for personal injury unless modified. The purchaser agrees that the Government shall not be liable for personal injuries to, disabilities of, or death of the purchaser, the purchaser's employees, or to any other persons arising from or incident to the purchase of this item, its use, or disposition. The purchaser shall hold the Government harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to purchase or resale of this item. The purchaser agrees to notify any subsequent purchaser of this property of the potential for personal injury in using this item without a radiation survey to determine the acceptability for use and/or modification to bring it into compliance with the radiation safety performance standard prescribed for the item under 21 CFR Part 1000.
Hazardous Material. For any hazardous material sold at GSAAuctions.gov, the purchaser will comply with all applicable Federal, State, and local laws, ordinances, and regulations with respect to the care, handling, storage, shipment, resale, export, or other use of the material purchased. The purchaser will hold the Government harmless from any and all debts, liabilities, judgements, costs, demands, suits, actions, or other claims of any nature arising from or incident to the handling, use, storage, shipment, resale, export, or other disposition of the hazardous items purchased.
Disposition and Use of Hazardous Property. Purchasers represent, warrant and certify to the United States Government that they will use and ultimately dispose of any hazardous property purchased under GSAAuctions.gov site as stipulated under applicable Federal, state, local, and international laws and regulations.
Transporting Hazardous Material. The purchaser will comply with the Department of Transportation's hazardous materials regulations at 49 CFR Parts 171-180. The purchaser, or his/her authorized agent, certifies on the shipping document, based on his/her own examination, that the materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation in accordance with the hazardous materials regulations.
Export Restriction Notice. The use, disposition, export and reexport of any property is subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 USC 2752 et seq.); the Export Administration Act of 1979 (50 U.S.C. 2401); DOE Regulations (10 C.F.R. Part 110); International Traffic in Arms Regulations (22 CFR 120 et seq.); Export Administration Regulations (15 C.F.R. 701 et seq.); Foreign Assets Control Regulations (31 CFR 500 et seq.); and the Espionage Act (37 USC 791 et seq.) which among other things, prohibit: (a) The making of false statement and concealment of any material information regarding the use or disposition, export or reexport of the property; and (b) Any use or disposition, export or reexport of the property which is not authorized in accordance with the provisions of the agreement.