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i <br /> PART 2 <br /> SALE OF GOVtRNMENT PROPERTY INVITE JN FOR BIDS NO. <br /> GENERAL SALE TERMS AND CONDITIONS PAGE <br /> 1. INSPECTION, of the property. If an adjustment is made requiring addtional payment, <br /> The Bidder is invited, urged,and cautioned to inspect the property such payment must be made immediately upon notice of such adjust- <br /> prior to submitting a bid. Property will be available for inspection at ment. In the absence of any debts owed to the selling agency,where <br /> the places and times specified in the Invitation. the total sum becoming due to the Government from the Purchaser <br /> on a contract awarded to him under the Invitation is less than the <br /> 2. CONDITION AND LOCATION OF PROPERTY. total amount deposited with his bid, the difference will be promptly <br /> refunded and also, deposits accompanying bids which are not accepted <br /> Unless otherwise specifically provided in the Invitation,all property will be promptly refunded to the Bidder. No refund or demands will <br /> listed therein is offered for sale "as is" and "where is." The descrip- be made for any amount less than one dollar ($1). <br /> tion of the property is based on the best information available to the <br /> sales office. However, unless otherwise specifically provided in the In- 7. TITLE. <br /> vitation, the Government makes no warranty,express or implied,as to Unless otherwise provided in the Invitation, title to the property <br /> quantity, kind, character, quality, weight, size,or description of any sold hereunder shall vest in the Purchaser as and when removal is <br /> of the property, or its fitness For any use or purpose and except as <br /> provided in Conditions No. 12 and 14 or other special conditions of effected. On all motor vehicles and motor-propelled or motor-drawn <br /> the Invitation,no request for adjustment in price or for rescission of equipment requiring licensing by a State motor vehicle regulatory <br /> the sale will be considered. This is not a sale by sample. agency, a certificate of release, Standard Form 97 will be furnished <br /> for each vehicle and piece of equipment. <br /> 3. CONSIDERATION OF BIDS. <br /> 8. DELIVERY, LOADING, AND REMOVAL OF PROPERTY: <br /> (a) Unless otherwise provided in the Invitation,telegraphic or tele- <br /> phonic bids will not be considered. (a) Unless otherwise provided in the Invitation, the Purchaser shall <br /> (b) The Bidder agrees that his bid will not be withdrawn within be entitled to obtain the property upon full payment therefor with <br /> the period of time specified for the acceptance thereof following the delivery being made only from the exact place where the property is <br /> opening of bids (60 calendar days if no period be specified by the located within the installation. The Purchaser must make all arrange- <br /> Government or by the Bidder, but not less than 10 calendar days in ments necessary for packing, removal,and transportation of property. <br /> any case) and that during such period his bid will remain firm and The Government will not act as liaison in any fashion between the <br /> irrevocable. The Government reserves the right to reject any or all Purchaser and carrier, nor will the Government recommend a specific <br /> bids, including bids under which a Bidder could take unfair advantage common carrier. Loading will only be performed as set forth in the <br /> of the Government or other Bidders, to waive any technical defects in Invitation, and unless otherwise provided in the Invitation, loading <br /> bids, and unless otherwise specified by the Government or by the Bid- will not be performed on Saturdays,Sundays, Federal holidays,or any <br /> der, to accept any one item or group of items in the bid, as may be day that the installation where the property is located is closed.Where <br /> in the best interest of the Government. Unless otherwise provided in it is provided that the Government will load, the Government will <br /> the Invitation, bids may be submitted on any or all items. However, make the initial placement of the property on conveyance(s) fur- <br /> unless the Invitation otherwise provides,a bid coveringany listed item nished by the Purchaser and the initial placement on the Purchaser's <br /> must be submitted on the basis of the unit specified fr that item and conveyance shall be as determined by the Government. Unless other- <br /> must cover the total number of units designated for that item. wise provided in the Invitation, the Government will not block,chock, <br /> brace, lash, band, or in any other manner secure the cargo on such <br /> 4. FORMS OF BID DEPOSITS AND PAYMENTS. conveyance(s) furnished by the Purchaser. <br /> (b) Where it is provided in the Invitation that the Government will <br /> Unless otherwise provided in the Invitation, bid deposits (when not load or that the Purchaser will load, the Purchaser will make all <br /> required by the Invitation) and payments shall be in U.S. currency arrangements and perform all work necessary to effect removal of the <br /> or any form of credit instrument other than promissory note, made property. The Purchaser shall remove the property at his expense <br /> payable on demand in U.S. currency: Provided, That uncertified per- within the period of time allowed in the Invitation. If the Contracting <br /> conal or business checks must be first party instruments: Provided Officer determines that the failure to remove the property within the <br /> further, That if in connection with any prior sale, the Bidder or Pur- period of time originally allowed arose out of causes beyond the con- <br /> chaser tendered an uncertified personal or business check which was trot and without the fault or negligence of the Purchaser, such deter- <br /> not paid by the drawee for any reason and the Bidder, Purchaser,and urination shall be reduced to writing, and a reasonable extension of <br /> the Drawer of the check were so notified in writing by the selling time for removal shall be allowed. Such causes may include, but are <br /> aency, uncertified personal or business checks will not be an accept- not restricted to acts of God or of the public enemy,acts of the Gov- <br /> aole form of bid deposit or payment. Bids submitted after the effective ernment in either its sovereign or contractual capacity, fires, floods, <br /> date specified in the written notification referred to which are not ac- epidemics, quarantine restrictions, strikes, freight embargoes,and <br /> companied by the proper bid deposit (other than an uncertified per- severe weather. If the Purchaser is permitted to remove the property <br /> sona or business check) will be summarily rejected. after the expiration of the time originally allowed for removal or any <br /> additional time allowed by the Contracting Officer pursuant to this <br /> 5. BID PRICE DETERMINATION. clause, the Government, without limiting any other rights which it <br /> may have, may require the Purchaser topay a reasonable storage <br /> When bids are solicited on a unit price basis, Bidders will insert charge.The Purchaser shall reimburse the Government for any dam- <br /> their unit prices and total prices in the space provided for each item. age to Government property caused during the removal operations <br /> (a) In the event the Bidder inserts a total price on the item but by the Purchaser or his authorized representative. <br /> fails to insert a unit price, the Government will determine the unit (c) Items purchased under the Invitation will be released only to <br /> price by dividing the total price by the quantity of the item set out in the Purchaser or his authorized representative.The authorized repre- <br /> the Invitation.The unit price so determined shall be used for the pur- tative must furnish authorization from the Purchaser to the <br /> pose of bid evaluation,award and all phases of contract administration. Custodian of the property at the property location before any delivery <br /> (b) When bids are solicited on a "lot' basis,Bidders should submit or release will be made. When property is described as being boxed, <br /> a single total price in the Total Price Bid column of the bid sheet. packed, crated, skidded, or in containers, the Government does not / <br /> Bidders should not make any entry in the Unit Price Bid column. In warrant that the property,as packaged, is suitable for shipment. q <br /> the event a Bidder submits a total bid price and also a unit bid price (d) Segregation, culling or selection of property for the purpose of <br /> which are not identical, the unit bid price will not be considered. effecting partial or increment removals will not be permitted except <br /> G. PAYMENT. as specifically authorized and prescribed by the Government. <br /> The Purchaser agrees to pay for property awarded to him in accord- 9. DEFAULT. <br /> ante with the prices quoted in his bid.Subject to any adjustment made If, after the award, the Purchaser breaches the contract by failure <br /> pursuant to other provisions of this contract,payment of the full pur- to make payment within the time allowed by the contract as required <br /> chase price, after applying the total bid deposit, if any, must be made by Condition No. 6, or by failure to remove the property as required <br /> within the time specs ed in the Invitation and prior to delivery of any by Condition No. 8, then the Government may send the Purchaser <br /> 3 STANDARD FORM 1140 <br /> JAN.1970 EDITION <br /> (TERMS AND CONDITIONS COMPLETELY REVISED) Gonoral Sorvicas Administration <br /> FVMR(41 CFR) 101-45.3 <br /> 114-404 <br />