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PART 2
<br /> the case of a proposal, directly or indirectly to any other bidder or for the property develops or exists prior to actual removal of the prop-
<br /> offeror or to any competitor; and (3) no attempt has been made or erty from Government control. In the event of a withdrawal under
<br /> will be made by the Bidder or Offeror to induce an other person or this condition, the Government shall be liable only for the refund of
<br /> firm to submit or not to submit a bid or proposal for the purpose of the contract price of the withdrawn property or such portion of the
<br /> restricting competition. contract price as it may have received.
<br /> (b) Each person signing this bid or proposal certifies that: (1)
<br /> he is the person in the Bidder's or Offeror's organization responsible 24. ELIGIBILITY OF BIDDERS.
<br /> within that organization for the decision as to the prices being bid
<br /> or offered therein and that he has not participated, and will not par- The Bidder warrants that he is not: (a) under 21 years of age; (b)
<br /> ticipate, in any action contrary to (a)(1) through (a)(3), above;or an employee of an agency of the Federal Government (either as a
<br /> (2)(i) he is not the person in the Bidder's or Offeror's organization civilian or as a member of the Armed Forces of the United States, in-
<br /> responsible within that organization for the decision as to the prices cluding the United States Coast Guard, on active duty) prohibited
<br /> being bid or offered herein but that he has been authorized in writing by the regulations of that agency from purchasing property sold here-
<br /> to act as agent for the persons responsible for such decision in certi- under; (c) an agent or immediate member of the household of the
<br /> fying that such persons have not participated,and will not participate, employee in (b),above. For breach of this warranty, the Government
<br /> in any action contrary to (a)(I) through (a)(3),above,and as their shall have the right to annul this contract without liability.
<br /> agent does hereby so certify;and (ii) he has not participated, and will
<br /> not participate, in any action contrary to (a)(1) through (a)(3), 25. DEFINITIONS.
<br /> above.
<br /> (c) This certification is not applicable to a foreign Bidder or Offeror As used herein, the following terms shall have the meaning set
<br /> submitting a bid or proposal for a contract which requires performance forth below:
<br /> or delivery outside the United States, its possessions,and Puerto Rico. (a) "Secretary" means the Secretary Deputy Secretary, Under
<br /> (d) Abid or proposal will not be considered for award where Secretary,or any Assistant Secretary of the executive agency,and the
<br /> (a)(1), (a)(3), or (b), above, has been deleted or modified. Where head, deputy or any assistant head of the Federal agency; and the
<br /> (a)(2), above, has been deleted or modified,the bid or proposal will term 'his duly authorized representative" means any person(s) or
<br /> not be considered for award unless the Bidder or Offeror furnishes with board (other than the Contracting Officer) authorized to act for the
<br /> the bid or proposal a signed statement which sets forth in detail the Secretary.
<br /> circumstances of the disclosure and the head of the selling agency,or
<br /> his designee, determines that such disclosure was not made for the (b) "Contracting Officer" means the person accepting the bid in
<br /> purpose of restricting competition. whole or in part on behalf of the Government, and any other of-
<br /> ficer or civilian employee who is a properly designated Contracting
<br /> 21. ASSIGNMENTS OF CONTRACTS. Officer,and includes, except as otherwise provided in this contract,
<br /> Any contract awarded under the Invitation is subject to the provi- the authorized representative of a Contracting Officer acting within
<br /> sions of 41 U.S.C. 15 which generally precludes assignment of such the limits of the representative's authority.
<br /> contract. (c) Small Business. A small business concern for the purpose of
<br /> the sale of Government-owned property, other than timber, is a
<br /> 22. CLAIMS LIABILITY. concern, including its affiliates, which is independently owned and
<br /> operated, is not dominant in its field of operation, and can further
<br /> The Bidder or Purchaser agrees to save the Government harmless qualify under the following small business classification criteria:
<br /> from any and all claims,demands,actions,debts, liabilities, judgments, (1) Manufacturers. An concern which is primarily engaged in
<br /> costs and attorneys' fees arising out of, claimed on account of, or in manufacturing is small ifitsnumber of employees does not ex.
<br /> any manner predicated upon loss of or damage to property of and ceed 500 persons: Provided, however, That a concern primarily
<br /> injuries to or the death of any and all persons whatsover, in any man- engaged in SIC Industry 2911, Petroleum Refining, is small if
<br /> ner caused or contributed to by the Bidder or Purchaser, its agents, its number of employees does not exceed 1,000 persons and it
<br /> servants or employees, while in,upon or about the sale or the property, does not have more than 30,000 barrels-per-day crude-oil capa-
<br /> site on which the property sold or offered for sale is located, or while city from owned or leased facilities.
<br /> going to or departing from such areas; and to save the Government (2) Other than manufacturers. An p concern which is primarily
<br /> harmless from and on account of damages of any kind which the Gov- not a manufacturer(except as specified in subparagraph(3) of
<br /> ernment may suffer as the result of the acts of the Bidder or Purchaser, this paragraph) is small if its annual sales or annual receipts for
<br /> its agents, servants,or employees while in or about the said sites. its preceding 3 fiscal years do not exceed $5 million.
<br /> 23. WITHDRAWAL OF PROPERTY AFTER AWARD. (3) Stockpile purcbasers. Any concern primarily engaged in the
<br /> Purchase of materiats which are not domestic products is small
<br /> The Government reserves the right to withdraw for its use any or if Its average annual sales or annual receipts for its preceding 3
<br /> all of the property covered by this conyract, if a bona fide requirement fiscal years do not exceed $25 million.
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