1. INSPECTION.-Bidders are invited and urged to inspect the prop erty to be sold prior to submitting bids. Property will be available for inspection at the places and times specified in the Invitation. The Government will not be obliged to furnish any labor for such purpose. In no case will failure to inspect constitute grounds for a claim or for the withdrawal of a bid after opening. 2. CONDITION OF PROPERTY.--All property listed herein is offered for sale "as is" and "where is," and without recourse against the Government. If it is provided herein that the Government shall load, then where is" means f. o. b. conveyance at the point specified in the Invitation. The description is based on the best available information. but the Government makes no guaranty, warranty, or representation. expressed or implied, as to quantity, kind, character, quality, weight, size, or description of any of the property, or its fitness for any use or purpose, and no claim will be considered for allowance or adjustment or for rescission of the sale based upon failure of the property to correspond with the standard expected; this is not a sale by sample. 3. CONSIDERATION OF BIDS.-The Government reserves the right to reject any or all bids, to waive any technical defects in bids, and, unless otherwise specified by the Government or by the bidder, to accept any one item or group of items in the bid, as may be in the best interest of the Government. Unless otherwise specified, bids must be submitted on the basis of the unit specified for the item in the Invitation, and bids may be submitted on any or all items. In case of error in the extension of prices in the bid, the unit prices will govern. 4. BID GUARANTEE.-The bidder agrees that (1) the bid will not be withdrawn within the time specified for acceptance after the opening of bids (60 calendar days if no period be specified by the bidder), and will during that time remain firm and irrevocable, and that (2) the bidder will pay to the Government the purchase price of the property in accordance with the bid if accepted. If a bid deposit is required. the bid must be accompanied by said bid deposit. In the event of any default by the bidder or any failure by the bidder to comply with all terms and conditions of this contract, any deposit made by the bidder may be applied by the Government to any loss, cost, and expense occasioned to the Government thereby, including any loss, cost, and expense incurred in selling the property and including any difference between the amount specified in the bid and the amount for which the Government may sell the property, if the latter amount be less than the former. Deposits accompanying bids which are not accepted will be returned. Deposits of successful bidders may be applied against the contract price, and upon completion of the contract, any excess of the deposit will be returned to the bidder. 6. PAYMENT.-Payment of the balance of the purchase price, if a deposit has been made, or otherwise of the full purchase price, shall be made by cash, or by certified check, cashier's check, bank draft. postal or express money order, payable to the Treasurer of the United States. Unless otherwise specified by the Government, payment of the full purchase price, subject to any adjustment for variation in quantity or weight pursuant to Condition No. 8, must be made prior to the date specified for removal and prior to delivery of any property. If any such adjustment is necessary, then payment must be completed, unless otherwise specified by the Government, immediately subsequent to adjustment. If the successful bidder fails to make full and final payment as herein provided, the Government reserves the right, upon written notice to the Buccessful bidder, to sell or otherwise dispose of any or all of such property in the Government's possession and to charge the loss, if any. to the account of the defaulting bidder. The original Purchaser will in no way be released from full compliance with the terms and conditions of the sale by his resale of the property. 6. TITLE. Title to the items of property sold hereunder shall vest in the Purchaser as and when full and final payment is made, unless otherwise specified by the Government, and except that if the contract provides that loading will be performed by the Government, title shall not vest until such loading and such payment are completed. On all motor vehicles and motor-propelled or motor-drawn equipment requiring licensing, a certificate of release, Standard Form 97 (or a State certificate of title, if such a certificate of title has been issued to the Government), will be furnished for each such vehicle and piece of equipment. 7. DELIVERY AND REMOVAL OF PROPERTY.-The Purchaser shall be entitled to obtain the property upon vesting of title of the property in him, unless otherwise specified in the Invitation to Bid. Delivery shall be at the designated location, and the Purchaser shall remove the property at his expense. The Purchaser shall reimburse the Government for any damage to Government property caused by the removal operations of the Purchaser. If the Purchaser fails to remove the property within the specified time, the Government shail have the right to charge the Purchaser and collect upon demand a reasonable storage charge if the property is stored on premises owned or controlled by the Government, or store the property elsewhere for the Purchaser's account, and all costs incident to such storing, including handling and moving charges, shall be borne and paid by the Purchaser: in addition to the foregoing rights, the Government may, after the expiration of thirty (30) days after the date specified for removal, and upon ten (10) days' written notice (calculated from the date of mailing) to the Purchaser (which ten (10) days' written notice may, at the option of the contracting officer, be included either partly or wholly in the thirty (30) days specified above or may be in addition thereto), resell the property, applying the proceeds therefrom against the storage and any other costs incurred for Purchaser's account. Any details regarding removal of the property as may not be provided for herein, shall be arranged with the contracting officer, which arrangement shall be reduced to writing. OR 8. ADJUSTMENT FOR VARIATION IN QUANTITY WEIGHT.-Any variation between the quantity or weight listed for any item and the quantity or weight of such item tendered or delivered to the Purchaser will be adjusted on the basis of the unit price quoted for such item; but no adjustment for such variation will be made where an award is made on a "price for the lot" basis. 9. WEIGHING.-Where weighing is necessary to determine price hereunder, the Purchaser, unless otherwise provided, shall arrange for, and pay all expenses of weighing material, including all switching charges incurred. In case of removal by truck, weighing shall be under the supervision of the Government and, at its option, on (a) Government scales, or (b) certified scales in the vicinity of the location of the property, or (c) certified scales in the vicinity of the Purchaser's establishment, or (d) other scales acceptable to both parties. When removal is by rail, weighing shall be on railroad track scales, or by other means acceptable to the railroad for freight charge purposes. Government-approved weighing shall govern payment. 10. RISK OF LOSS.-(1) After mailing notice of award, and prior to passage of title to the Purchaser, the Government will be responsible for the care and protection of the property and any loss, damage, or destruction occurring during such period will be adjusted by the contracting officer. (2) After passage of title to the Purchaser, and prior to the date specified for removal, the Government's responsibility will be limited to the exercise of reasonable care for the protection of the property. (3) After the date specified for removal of the property, all risk of loss, damage, or destruction from any cause whatsoever shall be borne by the Purchaser. 11. LIMITATION ON GOVERNMENT'S LIABILITY.-In any case where liability of the Government to the Purchaser has been established, the extreme measure of the Government's liability shall not, in any event, exceed refund of the purchase price or such portion thereof as the Government may have received. 12. VERBAL MODIFICATIONS.-Any oral statement by any representative of the Government, modifying or changing any conditions of this contract, is an expression of opinion only and confers no right upon the Purchaser. 13. COVENANT AGAINST CONTINGENT FEES.-Purchaser war rants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage. brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Purchaser for the purpose of doing business. For breach of this warranty, the Government shall have the right to annul this contract without liability or at its option, to recover from the Purchaser the amount of such commission, percentage, brokerage, or contingent fee, in addition to the consideration herein set forth. 14. OFFICIALS NOT TO BENEFIT.-No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, unless it be made with a corporation for its general benefit. 15. DISPUTES.-Except as otherwise specifically provided in this contract, all questions of fact involved in disputes arising under this contract shall be decided by the contracting officer, whose decision upon said facts shall be final and conclusive upon the parties, subject to written appeal by the Purchaser within thirty (30) days to the head of the department or his duly authorized representative, whose decision on said facts shall be final and conclusive upon the parties hereto. In the meantime, the Purchaser shall diligently proceed with performance. 16. DEFINITIONS.-(a) The term "head of the department" as used herein shall mean the head or any assistant head of the executive department or independent establishment involved, and the term "his duly authorized representative" shall mean any person or persons, other than the contracting officer, authorized to act for him, or any board set up in accordance with regulations. (b) The term "contracting officer" as used herein shall include his duly appointed successor and his duly authorized representative. INSTRUCTIONS TO BIDDERS Envelopes containing bids must be sealed and marked in the upper left-hand corner with the name and address of the bidder, identification of the invitation, and the date and hour of opening. Bids should be filled out in ink, indelible pencil, or typewriter. Bidder must show total amount bid on last sheet on which a bid is entered. General INSTRUCTIONS This form shall be used by executive agencies to file the quarterly reports required by Personal Property Management Regulation No. 3 Reports on this form shall cover all excess and surplus personal property transactions during a calendar quarter and shall be submitted in triplicate to the Personal Property Utilization Division, Federal Supply Service, General Services Administration, Washington 25, D. C., during the first month following the end of the quarter for which rendered. Each report shall be identified by the name of the reporting agency and the ending date of the calendar quarter and shall be signed by an approving officer, showing official title and date of approval. The amount of property, i. e. acquisition cost, fair value, or sale proceeds, as defined in the above Regulation shall be reported in dollars only in total. Particular 1. In Section 1 report the net acquisition cost of personal property determined to be excess and which (a) was reported to General Services Administration or (b) was not required to be reported during the quarter for which the report is submitted. The word "net" used above means that the acquisition cost reported will have been adjusted to embody the increases and decreases brought about by any adjustment or withdrawal actions during the quarter. This section of the report calls for a break STANDARD FORM 121 AUGUST 1980 EDITION down of the net amount into (a) the net amount of personal property reported as excess during the quarter on Standard Form 120, and (b) the amount of all other personal property determined to be excess to the needs of the agency, but which, under the provisions of Personal Property Management Regulation No.3, does NOT have to be reported on Standard Form 120. 2. In Section 2 report the acquisition cost of all excess property transferred during the quarter to other Federal agencies (a) without reimbursement and (b) with reimbursement. 3. In section 3 report the reimbursed fair value of excess property transferred to other Federal agencies, the acquisition cost of which is reported in Section 2b above. Such fair value shall not include any payments for costs incident to transfer, defined in Section 11 of the above Regulation. 4. In Section 4 report the fair value cost of excess property obtained from other Federal agencies. Costs incident to transfer, defined in Section 11 of the above Regulation shall not be in. cluded in such fair value costs. 5. In Section 5 report the acquisition cost of surplus property disposed of by: (a) Donation to educational institutions, (b) donation to public bodies, (c) abandonment and/or destruction, and (d) sale. 6. In Section 6 report the amount recovered from the sale of surplus property, the acquisition cost of which is reported in Section 5d above. GENERAL SERVICES ADMINISTRATION, PERSONAL PROPERTY MANAGEMENT REGULATION No. 3, REVISED, SUPPLEMENT No. 1 To: Heads of Federal agencies. Subject: Utilization of Excess Personal Property and Disposal of Surplus Personal Property. 1. Purpose. This supplement amends Personal Property Management Regulation No. 3, revised October 9, 1950, in order to― a. Provide for the reporting of all excess office furniture, furnishings, and equipment, regardless of acquisition cost, unless the condition thereof is such that repair or rehabilitation is impossible; and b. Increase the allowable time for defense screening. 2. Change in the reporting requirement for office furniture, furnishings, and equipment.-Section 7g (1) of the regulation is amended to read as follows: "(1) All personal property not otherwise provided for in this section and having an acquisition cost of less than $100 (consisting of an item or group of substantially identical items normally constituting a single-line entry on the reporting form); provided, however, that the following items shall be reported, regardless of acquisition cost, unless in such condition as to make repair or rehabilitation thereof clearly impossible: (a) FSSC class 26 items-Office furniture: Bookcases Cabinets, wood and metal, for all office purposes including filing Chairs and davenports of all types except household Costumers and clothes racks, wood and metal Cupboards, wood and metal Desks of all types except household Lockers of wood and metal Refrigerators of all types Shelving of all types Tables for all office and library purposes, wood and metal Trays, desk, wood and metal Wardrobes, wood and metal (b) FSSC class 54 items-Office machines and equipment: Copyholders of all types Machines, including covers, for— Accounting and posting Billing and fanfold Dictating Duplicating Numbering Tabulating Transcribing Trimming, paper Typesetting Cases, storage and transfer Pencil sharpeners Racks, collating, or gathering Receptacles, waste, fiber and metal Registers, autographic and cash Stands, dictionary, pedestal and rotary Trays, all types, wood and metal, including desk trays (c) FSSC class 27 items-Floor coverings: Rugs for all office purposes 3. Increase in allowable time for department of Defense screening.-Section 14c of the regulation is amended to read as follows: "c. Agencies desiring all other excess items not covered by subsection b. immediately above shall forward purchase orders (four copies), for approval, to the appropriate Administration field office listed in appendix B hereto for the region where the property is located. Purchase orders shall show, where such information is available, the number of the applicable report or circular on which the property is listed as excess, the name of the holding agency, location of property, the item numbers and property desired, the fair value unit price, and total amount. In approving purchase orders, the Administration will take into consideration national defense requirements, emergency needs, eqitable distribution, transportation costs, and other appropriate factors. If there are no other compelling factors, purchase orders will ordinarily be approved on a "first come, first served" basis. The Department of Defense shall notify the appropirate Administration field office of its interest in property reported by other agencies, either through the submission of a purchase order, other instructions, or a release of the property, as promptly as possible, but in no event later than 45 days from the date of the report of excess. A copy of each approved or disapproved purchase order will be returned to the ordering agency by the Administration field office with appropriate notation. Two copies of approved orders will be appropriately noted and transmitted by the Administration field office to the holding agency for transfer action. Billing by the holding agency for such approved orders shall be accomplished in accordance with sections 11 and 12 of this regulation." 4. Effective date. The provisions of this supplement are effective immediately. JESS LARSON, Administrator. GENERAL SERVICES ADMINISTRATION, PERSONAL PROPERTY MANAGEMENT REGULATION No. 3, REVISED, SUPPLEMENT No. 2. To: Heads of Federal agencies. Subject: Utilization of excess personal property and disposal of surplus personal property. 1. Purpose. This supplement amends Personal Property Management Regulation No. 3, Revised, October 9, 1950, in order to clarify certain categories of excess personal property which need not be reported, to delete other categories, and to make additional modifications required to meet changing conditions. 2. Revised definitions.—a. Section 3b (16) is amended by inserting ", records of the Federal Government," and after the words "real property" in the second line. b. Section 3b (22) is amended to read as follows: "22. 'Salvage' means personal property that has some value in excess of its basic-material content but which is in such condition that it has no reasonable prospect of use for any purpose as a unit (either by the holding or any other Federal agency) and its repair or rehabilitation for use as a unit (either by the holding or any other Federal agency) is clearly impracticable." 3. Use of excess in major disaster relief.-Section 6f is amended to read as follows: "f. Assistance in major disaster relief.-Excess personal property, whether or not reported as excess under section 7, shall, in accordance with the directions of the Housing and Home Finance Administration or of any officer in his agency designated by him, be utilized in behalf of, or distributed or loaned to, States and local governments, with or without compensation therefor, pursuant to Public Law 875, Eighty-first Congress, to provide assistance to such States and local Governments in alleviating suffering and damage resulting from major disasters. Surplus equipment and supplies shall similarly be donated to States and local governments in accordance with directions of the Housing and Home Finance Agency." Section 17c (10), covering negotiated sales for catastrophe relief, is deleted in its entirety. 4. Personal property covered by other regulations.-Section 7b (1) is amended as follows: "(1) Typewriting machines (governed by Personal Property Management Regulation No. 18) ;". Section 7b (7) pertaining to Government records is deleted. 5. Changes in categories of excess property which need not be reported to GSA.-Section 7g is amended to read as follows: |