Special Requirements and Conditions

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 website 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 items 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 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 212° 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 7 U.S.C. s/s 136 et seq. (1996)., 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

Eligible purchasers are warned that they must hold an appropriate NRC license for possession of property that is surface uranium contaminated or arrange for decontamination by an NRC licensed decontaminator in accordance. Purchasers of such property shall comply with regulations of the NRC as prescribed in 10 CFR 20, 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 that 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 website 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, 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 purchaser'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 party 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 website may not meet state motor vehicle emissions inspections or other state requirements 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.

Print Close