FORMS, INSTRUCTIONS, AND REPORTS

(iii) Consideration of Bids. The Bidder agrees that his bid will not be withdrawn within the period of time specified for the acceptance thereof following the opening of bids (sixty (60) calendar days if no period is specified by the Contractor or by the Bidder, but not less than (10) calendar days in any case) and that during such period his bid will remain firm and irrevocable. The right is reserved to reject any or all bids, to waive any technical defects in bids, and unless otherwise specified in the offering or by the Bidder, to accept any one item or group of items in the bid. Unless the Invitation otherwise provides, bids may be submitted on any or all items. However, unless the Invitation otherwise provides, a bid covering any listed item must be submitted on the basis of the unit specified for that item and must cover the total number of units designated for that item. In case of error in the extension of prices, unit prices will govern.

(iv) Payment. The Purchaser agrees to pay for property awarded to him in accordance with the prices quoted in his bid. Payment of the full purchase price, subject to any adjustment pursuant to Condition No. (viii), must be made within the time specified for removal and prior to delivery of any of the property. In the event that any adjustment is made pursuant to Condition No. (viii), payment must be completed immediately subsequent to such adjustment. The balance of the purchase price after applying the total bid deposit made by the Purchaser (if a bid deposit was required) under the Invitation (or otherwise the full purchase price) shall be paid to the Contractor in cash or by certified check, cashier's check, traveler's check, bank draft, or postal or express money order. The Contractor reserves the right to apply any bid deposits made under this Invitation by a Bidder against any amounts due to the Contractor under a contract awarded by him under this Invitation for Bid. In those instances where the total sum becoming due to the Contractor from the Purchaser on a contract awarded to him under the Invitation is less than the total amount deposited with his bid, the difference shall be promptly refunded. Deposits accompanying bids which are not accepted shall be promptly returned.

(v) Title. Unless otherwise specified in the Invitation, title to the items of property sold hereunder shall vest in the Purchaser as and when full and final payment is made, except that if the Invitation provides that loading will be performed by the contractor, title shall not vest until such payment and loading are completed. On all motor vehicles and motor-propelled or motordrawn equipment requiring licensing, a certificate of release, Standard Form 97, Certificate of Release of a Motor Vehicle, executed by the Contracting Officer (or a State certificate of title), shall be furnished for each vehicle and piece of equipment.

DISPOSITION OF PERSONAL PROPERTY IN POSSESSION OF CONTRACTORS

(vi) Delivery and Removal of Property. Unless otherwise specified in the Invitation, the Purchaser shall be entitled to obtain the property upon vesting of title of the property in him. Delivery shall be made at the designated location, and the Purchaser shall remove the property at his expense within the period of time originally specified in the Invitation or within such additional time as may be allowed by the Contractor. The Purchaser shall reimburse the Contractor for any damage to the Contractor's property caused by the removal operations of the Purchaser. If the Purchaser is permitted by the Contractor to remove the property after the expiration of the period prescribed or allowed for removal, the Contractor, without limiting any other rights which it may have, may require the Purchaser to pay a reasonable storage charge.

(vii) Default. If the successful Bidder fails to make full payment, to remove property on the specified date, or to comply with any other terms and conditions thereof, the right is reserved to sell or otherwise dispose of any or all such property and to charge losses and expenses incidental thereto to the account of the defaulting Bidder. The bid deposit (if required in the Invitation) shall be applied against any such losses and expenses.

(viii) Adjustment for Variation in Quantity or Weight. When property is sold on a "unit price" basis, the Contractor reserves the right to vary the quantity or weight delivered by ten percent (10%) from the quantity or weight listed in the Invitation; and the Purchaser agrees to accept delivery of any quantity or weight within these limits. The purchase price shall be adjusted upwards or downwards in accordance with the unit price and on the basis of the quantity or weight actually delivered. No adjustment for variation shall be made where property is sold on a "price for the lot" basis.

(ix) Weighing. When weighing is necessary to determine the exact purchase price hereunder, the Purchaser shall arrange for and pay all expenses of weighing material. All switching charges shall be paid by the Purchaser. When removal is by truck, weighing shall be subject to supervision and accomplished on (A) contractor scales, (B) certified scales, or (C) 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 purposes. Approved weighing shall establish the exact purchase price and govern the making of full payment thereon. (x) Risk of Loss. After mailing notice of award and prior to the date specified for removal, the Contractor shall be responsible only for the exercise of reasonable care for the protection of the property. After passage of title and after the date specified for removal of the property or any extension approved in writing by the Contractor, all risk of loss, damage, or destruction from any cause whatsoever shall be borne by the Purchaser.

FORMS, INSTRUCTIONS, AND REPORTS

(xi) Limitation on Contractor and Government Liability. The measure of Contractor and Government liability in any case when liability of Contractor and Government to the Purchaser has been established shall not exceed refund of such portion of the purchase price as the Contractor may have received.

(xii) Oral Statements and Modifications. Any oral statement or representation by any representative of the Contractor changing or supplementing the contract or any Condition thereof is unauthorized and shall confer no right upon the Purchaser.

(xiii) Eligibility of Bidders. The Bidder certifies that he is not: (1) an employee of NASA whose duties include any functional or supervisory responsibility for disposal of contractor inventory; (2) a civilian employee of the Department of Defense whose duties include any functional or supervisory responsibility for disposal of contractor inventory; (3) a member of the Armed Forces of the United States whose duties include any functional or supervisory responsibility for disposal of contractor inventory; (4) an agent, employee or immediate member of the household of personnel in (1), (2), or (3) above.

(xiv) Claims Liability. The Purchaser or Bidder agrees to save the Contractor and Government harmless from any and all claims, demands, actions, debts, liabilities, judgments, costs, and attorney's fees arising out of, claimed on account of, or in any manner predicated upon loss of or damage to property of, and injuries to or the death of any and all persons whatsoever, in any manner caused or contributed to by the Purchaser or Bidder, their agents, servants or employees, while in, upon, or about the sale or the property site on which the property sold or offered for sale is located or while going to or departing from such areas; and to save the Contractor and Government harmless from and on account of damages of any kind which the Contractor may suffer as the result of the acts of any of the Purchaser's agents, servants, or employees while in or about the said sites.

(b) The following special conditions of sale shall be included in contractor-conducted sales by formal invitation, as required, or at the specific request and direction of the plant clearance officer:

(i) Performance Bond. when work, other than loading, is to be performed by the purchaser and it is considered necessary to insure performance by the purchaser, a performance bond shall be required. Generally, the amount of each performance bond shall be 100% of the estimated cost of the work to be performed. If a requirement for a 100% performance bond would be disadvantageous to the contractor or to the Government, the amount may be reduced to not less than 50% of the estimated cost of the work to be performed. The execution of a performance bond in a specified amount shall be required, as follows:

DISPOSITION OF PERSONAL PROPERTY IN POSSESSION OF CONTRACTORS

Performance Bond. Within ten (10) days after notice of award, the Pur-
chaser shall furnish a performance bond in the sum of $
to cover
the Purchaser's obligations and undertakings herein. Such bond shall
remain in full force and effect during the term of the contract and any
extensions as may be agreed upon. The Purchaser shall not be permitted to
begin performance until such time as the bond has been received.

(ii) Liability and Insurance. The following shall be required when the
work to be performed by the purchaser warrants a special condi-
tion of sale:

Liability and Insurance. The Purchaser shall at his own expense procure
and maintain during the term of the contract insurance as follows:
(A) Standard workmen's compensation and employer's liability insurance
such as may be proper under State and Federal statutes. However,
upon receipt of satisfactory evidence that the Purchaser is qualified
as a self-insurer under applicable provisions of law, the Contractor
may waive this requirement.

(B) Bodily injury liability insurance in the amount of not less than $50,000
any one person, and $250,000 any one accident or occurrence.

(C) Property damage liability insurance including any and all property, whether or not in the care, custody, or control of the Purchaser.

(iii) Dangerous Property. A warning of potential danger shall be included in all cases where it cannot be certified that the property is completely innocuous. The following condition shall be used for this purpose:

Dangerous Property. Purchasers are warned that the property purchased may contain items of an explosive, toxic, or inflamable nature, notwithstanding reasonable care exercised by the Contractor to render the property harmless. The Contractor and the Government assume no liability for damage to the property of the Purchaser, or for personal injuries or disabilities to the Purchaser or his employees, or to any other person, arising from or incident to the purchase of the property, or its use or disposition by the Purchaser. The Purchaser shall save the Contractor and the Government harmless from any and all such claims.

(iv) Narcotic Drugs and Chemicals. The sale of narcotic drugs and chemicals shall be subject to the following special conditions:

Narcotic Drugs and Chemicals. Bids will be rejected unless the Bidder submits the following certification with his bid:

"The undersigned represents and warrants that he is registered under Federal narcotics laws and is authorized by law and by the Bureau of Narcotics, United States Treasury Department, as a manufacturer of narcotics."

(v) Radioactive Material. The following condition shall be used whenever there is the possibility that the property offered for sale is capable of emitting ionized radiation:

Radioactive Material. Purchasers are warned that the property may be capable of emitting ionized radiation in varying degrees. The Contractor and the Government assume no liability for damage to the property of the Purchaser, or for personal injuries or disabilities to the Purchaser or

FORMS, INSTRUCTIONS, AND REPORTS

his employees, or to any other person arising from or incidental to the purchase of the property or its use or disposition by the Purchaser. The Purchaser shall hold the Contractor and the Government harmless from any and all such claims. As a safety precaution, the Purchaser should warn future possessors or users of the property that it may be capable of emitting ionized radiation.

(vi) Scrap Warranty. The following condition shall be used whenever property, other than production scrap, is offered for sale as scrap:

Scrap Warranty. The Purchaser represents and warrants that the property will be used only as scrap, in its existing condition or after further preparation, and will not be resold until (A) scrapping has been accomplished, or (B) the Purchaser obtains an identical warranty from any subsequent purchaser.

(vii) Antitrust Clearance. When a sales offering includes property with an acquisition cost of $3,000,000 or more, the following condition shall be included:

Antitrust. To comply with Section 207 of the Federal Property and Administrative Services Act of 1949, as amended, when property offered for sale has an acquisition cost of $3,000,000 or more, or when the property consists of patents, processes, techniques, or inventions, irrespective of cost, the successful Bidder shall be required to furnish additional information and shall allow up to sixty (60) days for acceptance of his bid. Award shall be made only upon advice from the Department of Justice that the proposed sale would not tend to create or maintain a situation inconsistent with the antitrust laws.

(c) The following special conditions of sale may be added at the option of the contractor:

(i) Sales and Use Tax Liability. If the purchase of the property is subject to a state sales or use tax, a special condition of sale shall be included stipulating that the Purchaser shall pay and the Contractor shall collect the amount of the tax, which shall be itemized separately on the billing document.

(ii) Safety, Security, and Fire Regulations.

(iii) Bid Deposits.

(iv) Other Special Conditions. All other special conditions of sale considered necessary by the Contractor shall be subject to the prior approval of the plant clearance officer. Approval shall be granted, provided, the prescribed conditions of sale are not altered or affected thereby and the interest of the Government is not adversely affected.

24.302-50 Sales Notification to the General Services Administration. The appropriate GSA regional office shall be provided, at the time of public distribution, a copy of each invitation for bids or other form of offering involving contractor inventory whether being sold by the contractor or by the Government.