Terms & Conditions

Notice: GSA Auctions℠ offers for sale personal property (e.g.cars, computers, heavy equipment, jewelry, furniture, etc.) and real property (real estate). Please note that these Online Sale Terms and Conditions apply to personal property ONLY. Real property sales have separate terms and conditions as specified in the Invitation for Bids (IFB) prepared for each sale. Users/Bidders must complete the Bidder Registration and Bid Form included in the IFB and provide the specified registration deposit before they will be allowed to bid on that property.

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.

Eligibility of Bidders

Bidders must be at least 18 years of age.Bidders will be required to provide their birth date at registration. A bidder’s birth date will be used only to verify bidder’s eligibility. This information is protected by the Privacy Act, 5 U.S.C 552a.
In addition, bidders must not be debarred from doing business with the Government. GSA will verify that individuals and companies are not debarred by checking their information against the Excluded Parties List System (EPLS). The EPLS is the electronic version of the Lists of Parties Excluded from Federal Procurement and Non-procurement Programs (Lists), which identifies those parties excluded throughout the U.S. Government (unless otherwise noted) from receiving Federal contracts or certain subcontracts and from certain types of Federal financial and non financial assistance and benefits.

U.S. Citizenship

Bidding is not limited to U.S. citizens exclusively. However due to National Security and Export restrictions, some items shall only be sold to U.S. Citizens.

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 by the dates and times specified in the contract award email notification, if the bid is accepted.

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.

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. GSA Auctions℠ 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 blocked to prevent further use.

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.

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 details 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).

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.

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 and 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.

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.

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.

The 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 Certificate to Obtain Title that accompanies vehicles may identify the vehicle as Salvage or Scrap, meaning the vehicle is not intended for driving and its condition is poor and/or it is not road-worthy in its present condition.

These provisions may also be applied to certain accident-damaged vehicles. The type of title issued will be determined at the discretion of each state’s Department of Motor Vehicles (DMV).

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.

Note: There are times when buyers require/request a duplicate copy of the SF 97. Please be advised there may be a fee associated with this request.

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.

Inspection of Property

Bidders agree to physically inspect the property upon which they bid or thereby waive the opportunity to conduct a physical inspection. In waiving their inspection rights, bidders bear the risk for any gross omissions regarding the functionality of items, failures to cite major missing parts and/or restrictions with regards to usage that would have been revealed by physical inspection.There are times when access to property may be limited due to property being located in a restricted area. GSA will do all that it can to ensure that photos and detailed descriptions are provided in these instances.

During an inspection at a government facility, actions taken by bidders are at their own risk. The U.S. Government will not be liable for any or all debts, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to their inspection at the Government facility, including any injuries that a bidder incurs due to their own actions or neglect on during their visit to a Government facility

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.

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.

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 high 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.

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. An email notification will be sent to those bidders who participated in these auctions when there are extensions due to technical problems. Bidders must monitor their bidding activity online to obtain new closing dates and times when these extensions occur.

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. An email notification will be sent to those bidders who participated in these auctions when they are 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 or state agency needs; property becomes damaged; property is stolen, or property was improperly described. Items may be reoffered at a later date. An email notification will be sent to those bidders who participated in these auctions when they are terminated.

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 violations of this warning may result in legal action and prosecution against the awarded bidder, by the Government.

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 unblocked 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 blocked to prevent further use.

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 7101-7109), as amended.

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. Therefore, the bidder should ascertain the condition of the item through physical inspection. Please also reference the Inspection of Property clause.

Description Warranty & Refunds

The Government warrants to the original purchaser that the property listed in the GSAAuctions.gov website will conform to its written description. Features, characteristics, deficiencies, etc. not addressed in the description are excluded from this warranty. GSA further cautions bidders that GSA’s written description represents GSA’s best effort to describe the item based on the information provided to it by the owning agency. Therefore, gross omissions regarding the functionality of items, failures to cite major missing parts and/or restrictions with regards to usage may occur.

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.

Pre-award Misdescription

Prior to the closing of a sale, the Government may identify or learn of a gross omission regarding the functionality of an item, major missing parts, and/or restrictions with regards to its use. 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.

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 within 15 calendar days from the date of payment.

Refund Amount

The refund is limited to the purchase price of the misdescribed property.

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 or any other federal official will constitute a notice of misdescription.

When items are awarded and payment has been received, 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 payment email notification (the Purchaser’s Receipt). 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 or any other federal official.

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 and time the award email notification was sent and promptly remove it within 10 business days from the date and 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. A breakdown of the fee structure follows:

Purchase Price
Fee Assessed
<$325.00
Fee will equal to the award amount
$325.00 - $100,000.00
Fee will be $325.00
>$100,000.00
Fee will be equal to 5% of the award amount

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. Please note that in cases where bid deposits are required, the full amount of the bid deposit may be retained for the payment of liquidated damages.

Further, if an item or lot has been paid for but only a portion of the lot has been removed, you will not be entitled to any kind of refund. You will lose all rights and title to the property that you failed to remove prior to the removal deadline. Defaulted bidders, whose purchase price contains sufficient funds to cover the liquidated damages due, may continue to bid. If applicable, refunds will be issued for the balance.

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. In the case of partial non-removal, the loss of title to the property constitutes liquidated damages paid.

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.

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 and 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, continguent upon the information that was provided at the time of registration.

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 high 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.

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; official 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; Electronic Funds Transfer (EFT) or Wire Transfer (WT). 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 or GSA.

Credit card payments can be made via GSA Auctions℠ from the "My Summary" page utilizing the "Trades" feature. Online payments are processed through the Department of Treasury’s electronic payment service via GSA Auctions℠, 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). By Treasury policy, credit card payments are restricted to a $49,999.99 dollar limit and one card per transaction.

If you are making 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 accept cash and other 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 date of the award email notification, 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, sale and lot number and signed by a bank official authorized to guarantee payment.

All sales are final.

Property of Federal Government

Please be advised that title does not transfer for property of the Federal Government until such time as the property is removed from federal premises. If the property is located on local government or private property, it is still considered Federally-owned property until such time as it is removed.

Removal

Property must be removed within 10 business days from the date and time of award email notification. An e-signature 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 PACKING, 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 PACKING, LOADING AND TRANSPORTATION OF THE PROPERTY.

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" (used for parts or scrap metal only).

Buyers of crashed test vehicles must sign a disclaimer statement acknowledging in writing that he/she understands that the property is sold for parts or scrap 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.

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.

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.

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.

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.

Terms & Conditions Effective Date: 05/06/2012
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.