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SALE OF GOVERNMENT PROPERTY
ONLINE SALE TERMS AND CONDITIONS
Warning: GSA reserves the right to change the online sale terms
and conditions. Bidders are cautioned to periodically review these
terms and conditions for possible changes.
Online Table of Contents
BIDDER INFORMATION AND REGISTRATON
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Eligibility of Bidders.
Bidders must be at least 18 years
of age.
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Acceptance Period.
By marking the required box at the end
of the online sale terms and conditions during registration 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.
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Bidders Indebted to the Government.
The bidder warrants,
by accepting the online sale terms and conditions and submitting
a bid, which 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.
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Registration.
A credit card is required for all registered
users in our online community. Credit card validation assists in
the prevention of fraudulent bidding activity and ensures that bidders
are prepared to accept responsibility for their bidding activity
and all submitted bids are valid. This card number is recorded but
will not be automatically charged if a bidder is the successful
bidder of an item. For security reasons and to prevent fraudulent
bidding activities, all registered bidders are subject to billing
address verification. No P.O. Box address will be accepted unless
accompanied by a street address. By entering the credit card
information, you are attesting you are an authorized user of the
card.
It is required that the bidder create and secure their username and password.
GSAAuctions® does not issue usernames nor does it provide a temporary password
if a bidder has forgotten theirs.
Further, bidders shall refrain from creating usernames that are considered
profane or offensive in nature. If such names are discovered or otherwise brought
to the attention of GSA, the bidder will be contacted and asked to re-register
using a more appropriate username, and the “offensively named” account will be
locked to prevent further use.
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Debt Collection Improvement Act of 1996.
In accordance with
Public
Law No. 104-134, Section 31001, 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).
TIN validation also assists in the prevention of fraudulent bidding
activity and ensures that bidders are prepared to accept responsibility
for their bidding activity and all submitted bids are valid.
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Submission of Bid.
Bids are only accepted in whole U.S. Dollar amounts.
Do not enter dollar signs ($) commas (,) or cents (¢). 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.
Bidders are urged to review the bidding rules and enhanced bidding
logic at GSA Auctions® for auction details. It is the responsibility
of the bidder to follow-up on the status of his/her bid.
When bidding on property via GSAAuctions.gov website, funds or
monies should be readily available; GSA is not obligated to wait for bidders to arrange for financing.
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).
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Consideration of Bid.
It is the policy of GSA Auctions® to monitor bids and other activity to ensure
the proper use of our site. The Government reserves the right to reject any and
all bids. Bids can be rejected for any reason, especially those containing
inaccurate, incomplete or unverifiable information, or information which is
deemed to have been given in bad faith. GSA Auctions® monitors for suspicious
bids. Such bids are subject to investigation and cancellation at any time. If
GSA removes a bid, the bidder with the next highest bid, who is in compliance
with the online terms and conditions, will become the current high bid. It is
a violation of law to submit bids using a false name or any other fraudulent
information, and such bids may not be processed, even if GSA initially accepts
a bid. Be aware that if you provide false information, GSA will remove you from
the database and pursue all legal means available to the Federal Government to prosecute.
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Notification of Sale Results.
Successful bidders will be notified by email and must contact the regional sales
office within 2 business days from the date & time the award email notification
was sent. Bid results will not be furnished via telephone or fax. It is the bidder's
responsibility to follow-up on the status of his/her bid and to ensure that his/her
email address and all registration data are kept accurate and up-to-date. If at any
time, your information changes, it is your responsibility to update the appropriate
information at GSA Auctions®. Warning: If any emails are undeliverable and returned
due to an inaccurate email address, GSA may remove such registrants from the database.
Sales results may be obtained by a successful bidder in their personal summary after
the sale closes.
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Antitrust.
Some sales may be subject to antitrust law in accordance with 40 U.S.C. 559.
If the high bid meets or exceeds the threshold amount as stated in 40
U.S.C. 559, the bid will be subject to review by the U.S. Attorney General
prior to finalization of award. Therefore, bids are binding and
GSA Auctions will make award within 60 days, if not sooner, after receipt
of the advice of the Attorney General of whether the disposition would be
inconsistent with antitrust law.
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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 property other than
motor vehicles will receive only the GSA Form 27A. Unless otherwise
provided in the Invitation, title to the property sold hereunder
shall vest in the Purchaser as and when removal is effected.
This Certificate to Obtain Title in no way serves as a waiver for payment
of registration fees, nor county or State taxes assessed to the vehicle,
subsequent to its purchase.
The way you register will determine how your information is
displayed on sales paperwork. Either your name and address as an
individual, or your name, company name and address must be completed
as you wish it to appear on all subsequent paperwork. You can only
select one option to indicate registering as an individual or company.
Changes will not be permitted after award. If you wish to
participate as an individual and a representative of a company,
you must register separately for each and place bids accordingly.
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BIDDING
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Photographs.
Photographs may not depict an exact representation of
the bid item(s) and should not be relied upon in place of written item descriptions
or as a substitute for physical inspection. Please contact the custodian for
inspection dates and times.
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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.
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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.
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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.
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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. Proxy bid limits may be replaced with a higher or lower proxy
bid limit provided that the amount is greater than or equal to the minimum
bid required by the system. The minimum bid is the current winning bid plus
the amount of the bid increment. Proxy bid limits placed in the system may
also be replaced with a flat bid; the flat bid will cancel the proxy bid
limit. Additionally, the flat bid must be greater than or equal to the minimum
bid required by the system. The minimum bid is the current winning bid plus
the amount of the bid increment. Flat (minimum) bids may be replaced with proxy
bid limit. Proxy bid limit must be greater than or equal to the minimum bid
required by the system. Bidders cannot cancel bids.
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Bid Extensions.
Occasionally, technical problems will interrupt the
bidding process for an unspecified amount of time. These interruptions may
affect some or all bidders. In the event of an interruption, an evaluation
of the length of interruption time and the numbers of bidders affected may
prompt GSA AUCTIONS® to extend the closing time for an auction. Extension
may range from 1 hour to 24 hours based on the aforementioned criteria, to
insure fair and full competition.
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Canceled Auctions.
Due to technical problems encountered from time
to time, situations may arise that warrant GSA canceling awards because full
and open competition consistent with the value and nature of the property
was not met. Items may be reoffered at a later date.
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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 or state agency needs; property becomes damaged;
property is stolen, or property was improperly described. Items
may be reoffered at a later date.
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Reoffering and Resale of items.
Please be advised
that items that are available on GSA Auctions® are considered
property of GSA or the Federal Government until which time it is
awarded, paid for and removed from
Federal premises. As such, this property may not be advertised,
offered, pre-sold or otherwise represented as the property of any
bidder for personal gain, prior to the award, payment and full possession
of items/lots by the awarded bidder. Actions made in violation of this
warning may result in legal action and prosecution against the awarded
bidder, by the Government.
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Blocked from Bidding.
In the event bidders provide false information, bid using unacceptable/profane
usernames, or default for non-payment or non-removal, 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, he/she will be unlocked and be
given access to begin bidding on items. With regards to improper usernames, the
bidder will be contacted and asked to re-register using a more appropriate username
and the “offensively named” account will be locked to prevent further use.
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CONTRACT DISPUTES
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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.
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Condition of Property.
The following replaces Clause No. 2 of the SF114C. Condition of property is not
warranted. Deficiencies, when known, have been indicated in the property descriptions.
However, absence of any indicated deficiencies does not mean that none exists.
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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 written description. If a misdescription is
determined by the Contracting Officer of the sale, before payment, the contract will be
cancelled without any liability to the bidder. If a misdescription is determined by the
Contracting Officer of the sale before removal of the property, the Government will keep
the property and refund any money paid. If a misdescription is determined by the Contracting
Officer of the sale 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 Sales Contracting Officer.
The Refund Claim Procedure described below will be strictly followed for filing a claim. 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.
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Mis-described Property.
Prior to the closing of a sale, if an item has
been determined to be inadequately described for example, a gross omission regarding
the functionality of an item, failure to cite major missing parts, and/or restrictions
with regards to its use after purchase or removal are omitted in the description, the
property may be considered as mis-described. If GSA is aware of this missed information
prior to the close of a sale, the item may be pulled from the sale and resubmitted with
the information or re-offered at a later date.
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Refunds Claim Procedures.
Please be advised that refunds are not a frequent practice of GSA Auctions®. A request
for refund must be substantiated in writing to the Contracting Officer for issues regarding
mis-described property, missing property and voluntary defaults.
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Refund Amount.
The refund is limited to the purchase price of the
misdescribed property.
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Claims of Misdescription.
If items have been awarded but not paid for and the
successful bidder feels that the property is mis-described, he/she must follow these
procedures: A written claim needs to be submitted to the Sales Contracting Officer within
15 calendar days from the date of award requesting release of contractual obligation for
reasons satisfying that of a mis-description. No verbal contact with the custodian or the
Sales Contracting Officer will constitute a notice of misdescription.
When items are awarded and paid, regardless of the removal status
(removal may or may not have occurred), the successful bidder must submit a
written notice to the Sales Contracting Officer within 15 calendar days from
the date of award. If property has been removed and the claim is accepted
by the Sales Contracting Officer, the purchaser must maintain the property
in its purchased condition and return it at their expense to the location
designated by the Sales Contracting Officer.
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Default.
Bidders are cautioned to bid only on items they are prepared to pay for and remove
in accordance with the online sale terms and conditions of this sale. Failure to pay
for and remove all awarded items, or all items within a lot within the timeframe
specified, could result in termination of the contract. The bidder will also be
subject to paying liquidated damages. The following supersedes Clause No. 9 of
the SF 114C.
If you are awarded an item on GSA Auctions®, you have
a responsibility to pay for the item or lot that you were awarded
within 2 business days from the date & time the award email
notification was sent and promptly remove it within 10 business
days from the date & time the award email notification was sent,
unless otherwise specified in the contract. If you fail to meet
either of these two conditions, you will be in violation of the
online sale terms and conditions of your contract with the Government
and will be considered “in default”.
As a defaulted bidder, you will be responsible for the payment of
liquidated damages, an administrative fee for the processing and re-handling of
the item for which you neglected to pay for and/or remove. The charge will total
20% of the purchase price of the award amount or $200, whichever is greater. The
Government shall be entitled to retain (to collect) this amount of the purchase
price of the item(s) as to which the default occurred.
Further, if an item or lot has been paid for but only
a portion of the lot has been removed, you will still be considered
“in default”, and you will not be entitled to a partial
refund (the difference of 20% or $200).
In the event of a default, a bidder will lose all rights
to place bids for other items for sale on GSA Auctions® until
liquidated damages have been paid and the payment processed (see
below). Defaulted bidders will only be allowed to "browse"
items. At the time that liquidated damages are paid, the bidder
will be given access to begin bidding on items.
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Liquidated Damages.
Liquidated damage payments paid by
credit cards are processed by GSA's Finance office on a daily basis. If a
credit card is used in payment of liquidated damages owed, it can take up to
2 business days to process this payment and clear a user’s GSA Auctions®
account. Avoid if at all possible, incurring liquidated damages.
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PAYMENT AND REMOVAL
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Payment and Removal Timeframes.
If you are the successful bidder, property must be paid for
within 2 business days and property removed within 10 business days from the time & date of the award
email notification of sale results, unless otherwise specified in the contract. After payment is processed,
a copy of the Purchaser’s Receipt and Authority to Release Property will automatically be emailed to the
successful bidder based upon the email address that was provided at the time of registration, or will be
either faxed or mailed, contingent upon the information that was provided at the time of registration.
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Withdrawal of Property After Award.
The Government reserves the right to withdraw for its use any
or all of the property covered by this contract, if a bona fide requirement for the property develops or exists
up to the time of the Government’s acceptance of the winning bid of the property. In the event of a withdrawal
under this condition, the Government shall be liable only for the refund of the contract price of the withdrawn
property or such portion of the contract price as it may have received.
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Forms of Payment.
Payment is restricted to the following
instruments: U.S. currency (no greater than $10,000); 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),
American Express, processed manually or online through the Department
of Treasury’s electronic payment service via GSA Auctions® bidder's summary page. Certified checks, bank drafts
and debit cards with dollar limitations and/or requiring a PIN number
are not acceptable. All checks and money orders must be made payable
to the General Services Administration.
Credit card payments can be made via GSA Auctions® from the "My Summary"
page utilizing the "Trades" feature. Online payments are
processed by pay.gov, which is a secure government-wide payment
collection portal and transaction engine created and managed by
the U.S. Department of the Treasury's Financial Management Service
(FMS).
If you are wishing to make payment in U.S. currency, please contact
the regional Sales office responsible for a specific item to make
arrangements. Some of our regional offices are not equipped to receive
walk-in payments.
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.
All sales are final.
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Property of Federal Government.
Please be advised that title does not transfer
for property of the Federal Government until such time as they are paid for and removed from federal premises.
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Removal.
Property must be removed within 10 business days from the date and time of award email notification.
A signed Purchaser’s Receipt and Authority to Release Property must be presented prior to removal of
property to verify proof of purchase; otherwise removal will not be permitted. In addition, if successful bidder appoints/designates another person or agent to remove property on his/her behalf, the successful bidder must provide the person or agent assigned, authorization allowing them to remove the subject property. Some locations may require successful bidders to call for an appointment prior to inspection and or removal of property. Bidders are responsible to pay close attention to the requirements listed on the item description page. Property Custodian phone numbers are listed by the property description in the auction site. The authorization must include: (1) the name of the person the successful bidder is authorizing to pickup the property; (2) the sale and lot number of the item; and (3) must be signed by the successful bidder. In addition to the letter of authorization, the person must present a photo id, and a signed Purchaser's Receipt and Authority to Release Property to verify proof of purchase prior to removal: otherwise removal will not be permitted.
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 ON THE ITEM DESCRIPTION PAGE FOR EACH ITEM THAT THEY PURCHASE 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.
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SPECIAL NOTICES
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Crashed Test Vehicles.
The United States Department of Transportation, National Highway
Traffic Safety Administration (NHTSA) purchases and provides passenger cars, light trucks and school buses
as Government Furnished Property to contractors to conduct various compliance and experimental crash tests
related to motor vehicle safety. After completion of testing, GSA sells these vehicles as "not repairable for highway use" (salvage sale only).
Buyers of crashed test vehicles must sign a disclaimer statement acknowledging in writing that he/she understands
that the vehicle is sold for salvage only and is "not repairable for highway use (NRHU)"; agrees not to attempt to
repair the vehicle for highway use; and further agrees to notify any subsequent purchaser of this NRHU stipulation.
Buyers of crashed test 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" marked with "NOT
TO BE TITLED FOR HIGHWAY USE" statement. This SF97 is not a title; it is certificate to obtain a non-repairable or salvage certificate.
These provisions may also be applied to certain accident-damaged vehicles.
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State Sales and/or Use Tax.
Purchasers of Federal personal property
may be subject to payment of a 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.
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Sales to Government Employees.
GSA employees or spouse or minor child
of GSA employees, 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.
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Special Security Notification.
Bidders are warned that the
misuse of items to compromise national security and/or to create
or disseminate biological warfare agents is illegal. Further, the
re-sale and/or exportation of certain technological items to countries
subject to trade security controls is prohibited as outlined in
the“Export Restriction Notice” referenced in the Other
Special Requirements and Conditions below. Bidders may be subject
to prosecution if items are used for illegal activity.
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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 offering from the U.S. General Services Administration, Federal
Supply Service's Internet Website, www.GSAAuctions.gov, is subject
to the Online Sales Terms and Conditions as
well as the General Sales 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.
I recognize that I am subject to the
Online Sale Terms and Conditions,
General Sale Terms and Conditions (Standard
Form 114C, April 2001) and the Special
Requirements and Conditions, and that they are applicable to any item offered on
the GSAAuctions.gov website, I offer and agree to purchase the item(s)
at the price(s) for each item(s) as indicated.
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