Terms and Conditions

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General Terms and Conditions

1.1 DEFINITIONS
The following terms shall have the meanings below:

  • (a) Government means the United States of America and includes the U.S. Department of Energy (DOE) except as further defined in Condition 1.2(d).
  • (b) Agent means B&W Y-12, acting under Contract No. DE-AC05-00OR22800 for DOE in selling the property.
  • (c) Purchaser means the successful Bidder to whom award is made.

1.2 GENERAL SERVICES ADMINISTRATION (GSA) TERMS AND CONDITIONS
This condition incorporates by reference certain provisions that apply as if they were set forth in their entirety. The following provisions are incorporated by reference:

  • (a) GSA Sale of Government Property General Sales Terms and Conditions, Standard Form 114C, Rev. 6-97, modified as follows:
    • (1) Delete Condition 6, Payment, and Condition 21, Claims Liability.
    • (2) In Condition 7, Title, add the following sentence: "Purchasers of vehicles will receive from the Agent by certified mail Form 97, Certificate to Obtain a Title, after proof of payment has been made."
    • (3) In Condition 19, Certification of Independent Price Determination, (i) In paragraph (a)(2), replace "formally advertised" with "sealed bid." (ii) In paragraph (a)(3), replace "include" with "induce."
    • (4) In Condition 24, Requirements to Comply with Applicable Laws and Regulations, add the following sentence: "Applicable laws include but are not limited to the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Atomic Energy Act; the Comprehensive Environmental Response, Compensation and Liability Act; the Hazardous Materials Transportation Act; and the Emergency Planning and Community Right-to-Know Act."
  • (b) GSA Sale of Government Property Special Sealed Bid Conditions and Special Sealed Bid-Term Conditions, Standard Form 114C, Rev. 6-97, shall be incorporated as indicated on the cover page. When GSA Special Sealed Bid-Term Conditions are to be incorporated, in Condition A replace Condition No. 6 of the General Sales Terms and Conditions entitled "Payment" with Condition 1.13 of B & W Y-12 Sales Terms & Conditions - Sealed Bid, entitled "Payment"; and in Condition F replace "Condition No. 6 of the General Sales Terms and Conditions" entitled "Payment" with Condition 1.13 of B & W Y-12 Sales Terms & Conditions - Sealed Bid, entitled "Payment."
  • (c) References to "Contracting Officer" in GSA Standard Form 114C, Rev. 6-97, shall be deemed to mean B & W Y-12 Sales Administrator.
  • (d) References to the "Government" in GSA Standard Form 114C, Rev. 6-97, except as used in the first sentence of Condition 23, shall be deemed to include B & W Y-12.

1.3 ADMINISTRATION
It is understood and agreed that this contract is entered into by the Agent for and on behalf of the Government. Administration of this contract may be transferred from the Agent to DOE or its designee, and in the case of such transfer and notice thereof to the Purchaser, the Agent shall have no further responsibilities hereunder.

1.4 ITEMS REMOVED FROM SALE
It may be necessary to withdraw items from bidding due to technical errors, because the property is no longer available due to the Government's needs, because of damage to the property, because the property was improperly described, or for other good cause. Items may be reoffered at a later date.

1.5 PERSONS PROHIBITED FROM OR LIMITED IN BIDDING (Ref. 41 CFR 109-45.302-50)
If the Bidder is an employee of the Agent, the U.S. Department of Energy, or a cost-type contractor of the U.S. Department of Energy, Bidder hereby represents that he/she:

  • (a) Has not participated in the Agent's determination to dispose of the property;
  • (b) Has not participated in the preparing the property for sale;
  • (c) Has not participated in determining the method of sale;
  • (d) Has not acquired information not otherwise available to the general public regarding usage, condition, quality, or value of the property.

1.6 BIDDERS NOT DELINQUENT
The Bidder warrants, by signing the bid form, that it is not delinquent in paying for previous purchases of federal personal property, including any debt administratively found due. Indebted bidders may be ineligible for contract awards.

1.7 REPORTING DISCREPANCIES
Prospective purchasers shall 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.

1.8 DISPOSITION AND USE OF HAZARDOUS PROPERTY
Purchaser represents, warrants and certifies that Purchaser will use and ultimately dispose of any hazardous property purchased under this contract as stipulated under applicable federal, state, local, and international laws and regulations.

1.9 TRANSPORTATION

  • (a) The Agent will provide the labor and equipment to load the items awarded onto Purchaser's conveyance. Securing the load on the transporting vehicle is the responsibility of the Purchaser or Purchaser's Carrier. However, at the request of the Purchaser or Purchaser's representative acting on his behalf, the Agent may assist in minimal blocking, bracing, and shoring.
  • (b) The Purchaser agrees to procure all necessary permits or licenses and abide by all applicable laws, regulations, and ordinances of the United States and of the state, territory, and political subdivision through which the material is being transported and to which the material is moved.
  • (c) The Purchaser, or Purchaser's Carrier must also comply with all U.S. Department of Transportation (DOT) regulatory requirements and all other applicable transportation requirements. The Purchaser will be the Offeror and Shipper as these terms are used by DOT. The Purchaser, or Purchaser's Carrier must also demonstrate that:
    • (1) Commercial vehicle operators are properly licensed and medically certified;
    • (2) Commercial vehicles used have a current annual inspection and are in compliance with the FMCSRs;
    • (3) The carrier has sufficient liability insurance coverage to meet the financial requirements as specified in the FMCSRs;
    • (4) The carrier does not have an "Unsatisfactory" rating.

1.10 TRANSPORTING HAZARDOUS MATERIALS
If applicable, the Purchaser will comply with the DOT hazardous materials regulations. The Purchaser, or its authorized agent, certifies on the shipping document, based on its own examination, that the materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation in accordance with the hazardous materials regulations.

1.11 EXPORT

  • (a) Personal property purchased from the U.S. Government may or may not be authorized for export from the U.S. to a foreign country. If export, is allowed, the purchaser is solely responsible for obtaining all required clearances or approvals. The purchaser also is required to pass on this information and any other DOE-provided export control guidance if the property is resold (including domestic retransfers) or otherwise disposed.
  • (b) The use, disposition, export, and re-export of this property are subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. 2751 et seq.); the Export Administration Act of 1979 (560 U.S.C. App. 2401 et seq.); Assistance to Foreign Atomic Energy Activities (10 CFR Part 810); Export and Import of Nuclear Equipment and Material (10 CFR 110); International Traffic in Arms Regulations (22 CFR 120 et seq.); Export Administration Regulations (15 CFR 730 et seq.); Foreign Assets Control Regulations (31 CFR 500 et seq.); and the Espionage Act (37 U.S.C. 791 et seq.) which among other things, prohibits
    • (1) the making of false statements and concealment of any material information regarding the use or disposition, export or re-export of the property and
    • (2) any use or disposition, export or re-export of the property which is not authorized in accordance with the provisions of this contract.
  • PROLIFERATION SENSITIVE PROPERTY ACKNOWLEDGEMENT

  • (c) In the event that proliferation sensitive property, as identified on the U.S. Munitions List (22 CFR 121) or the International Atomic Energy Agency Information Circular (INFCIRC) 254 Part I (the Trigger List), is inadvertently included in this sale, the purchaser agrees that the sale is void, and, if such property has been received by the purchaser, that purchaser will return the property to B & W Y-12/NNSA/DOE-ORO. If payment has been made, the purchase price only shall be refunded to the purchaser.

1.12 PURCHASER'S SITE
The final award of this contract shall be contingent upon an inspection and approval of the Purchaser's site by the representative designated by the Sales Administrator to ensure satisfactory compliance with federal, state, and local laws and regulations relating to material management and disposal practices. This requirement may be waived at the discretion of the Sales Administrator.

1.13 PAYMENT
Payment of the full purchase price or payment of the balance of the purchase price if a deposit has been made, shall be made by cash, personal or company check, or credit card approved by the Sales Administrator; provided, however, the Sales Administrator reserves the right to require the Purchaser to replace personal or company check or credit card with cash, cashier's or certified check, bank draft, or postal or express money order under circumstances deemed appropriate by the Sales Administrator. Checks must be made payable to B&W Y-12, L.L.C. Unless otherwise specified by the Sales Administrator, payment of the full purchase price, subject to any adjustment for variation in quantity or weight pursuant to GSA General Sales Terms and Conditions, Condition 12, 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 immediately subsequent to adjustment unless otherwise specified by the Sales Administrator. If the Purchaser fails to make full and final payment as herein provided, the Agent and the Government reserve the right, upon written notice to the successful Purchaser, to sell or otherwise dispose of any or all of such property in the Agent's possession and to charge the loss, if any, to the account of the defaulting Purchaser.

1.14 STATE SALES AND/OR USE TAX
Purchasers of federal personal property may be subject to payment of state sales or use tax. The U.S. Government and its Agent will not collect 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.

1.15 REMOVAL OF PROPERTY

  • (a) The Purchaser, or its designated representative, must remove all material from the sales premises in the Purchaser's conveyance after proper payment has been made and secured by the Agent. No resale or exchange of material contained within this sale will be permitted on site. The Sales Administrator will not grant release of material to anyone other than the Purchaser without written permission from the Purchaser.
  • (b) The Agent's available equipment and manpower for loading purposes are limited; therefore, it is imperative that Purchaser or its approved transportation representative schedule arrival for pickup with the Sales Administrator at least twenty-four (24) hours in advance of desired arrival time. The arrival time should be firm and accurate; otherwise, the carrier may be compelled to wait at Purchaser's expense until the Agent's loading crew can work the loading into their schedule. The deadline for removal of material is indicated on the Sales of Government Property-Bid and Award form.

1.16 LOSS
Neither the Government, Agent, nor persons acting for or on their behalf will be responsible for any injury to or destruction of property, nor for any other loss, damage, or injury of any kind whatsoever that arise out of or relate to the activities that are the subject of this contract.

1.17 LIABILITY

  • (a) The Bidder or Purchaser agrees to indemnify and hold harmless the Government, B&W Y-12, and its parent corporations, and their officers, agents, and employees, or persons acting on their behalf, from any and all claims, demands, actions, liabilities, costs, and other detriments (including but not limited to reasonable attorney fees, settlements, fines, and penalties, and damages for personal injury, property damage or destruction, environmental remediation, and natural resources damages) that arise out of or relate to Bidder/Purchaser's presence at the Y-12 National Security Complex, or any loading, unloading, transportation, use, management, processing, disposal, and/or sale or other disposition by the Purchaser or its agents, contractors, and customers, of material or property obtained under this contract.
  • (b) The original Purchaser shall not be relieved from full compliance with the terms and conditions of the sale as a result of Purchaser's resale and subsequent re-sales of the property.

1.18 RESOLUTION OF DISPUTES

  • (a) Purchaser and Agent agree to make good-faith efforts to settle any dispute or claim that arises under this contract through discussion and negotiation. If such efforts fail to result in a mutually agreeable resolution, the parties shall consider the use of alternative disputes resolution (ADR). In the event non-binding mediation or arbitration is agreed upon, the site of the proceedings shall be Oak Ridge, Tennessee. The parties shall share the cost of obtaining the mediator or arbiter, and each party shall bear its discretionary costs.
  • (b) "Claim," as used in this article, means a written demand or written assertion by one of the contracting parties seeking, as a matter of legal right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising from or relating to this contract, or the breach thereof. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim, but may be converted to a claim by the Purchaser as provided in paragraph (c) below.
  • (c) A claim by the Purchaser shall be made in writing, cite this article, and be submitted to the Property Manager with a request for a final decision.
  • (d) After receipt of a claim from the Purchaser, the Property Manager shall, within 60 calendar days, issue a written decision or notify the Purchaser of the date by which the decision will be made. The decision shall be final and conclusive between the parties unless the Purchaser files suit in the appropriate court as provided for in paragraph (e) below. Purchaser shall have no right to file suit prior to the date of the decision or 60 calendar days from the Property Manager's receipt of the claim, whichever occurs earlier.
  • (e)
    • (1) Where the Purchaser is a State agency, such as an Educational Institution, the applicable constitutional provisions or statutes that govern sovereign immunity shall dictate the appropriate forum and law governing substantive issues.
    • (2) In all other cases, subject to (e)(3) below, any litigation shall be brought and prosecuted exclusively in Federal District Court, with venue in the United States Court for the Eastern District of Tennessee, Northern Division;
    • (3) provided, however, that in the event the requirements for jurisdiction in Federal District Court are not present, such litigation shall be brought in either Anderson, Knox or Roane County, Tennessee, in the Circuit or Chancery Court, as appropriate.
  • (f) The parties agree that, subject to (e)(1), substantive issues presented for mediation, arbitration, dispute, claim, litigation, or other effort at resolution related to clauses or portions of clauses that are substantially identical in all material respects to Federal Acquisition Regulations (FAR), Department of Energy Acquisition Regulations (DEAR), or General Services Administration (GSA) clauses shall be determined, to the maximum extent practicable, in accordance with federal law as interpreted by the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, and the federal Boards of Contract Appeals. The parties further agree that, subject to (e)(1), all other substantive issues presented for mediation, arbitration, dispute, claim, litigation, or other effort at resolution shall be determined in accordance with the laws of the State of Tennessee.
  • (g) There shall be no interruption in the performance of the work, and Purchaser shall proceed diligently with the performance of this contract pending final resolution of any dispute arising under or related to this contract between the parties hereto or between Purchaser and its subtier subcontractors.

1.19 BID GUARANTEE
In the event of any default by the Bidder or any failure by the Bidder to comply with the terms and conditions of this contract, any deposit made by the Bidder may be applied to any loss, cost, and expense to the Agent or Government caused by the default, 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 Agent or the Government may sell the property, if the latter amount be less than the former. Deposits accompanying bids that are not accepted will be returned. The Deposit 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.

1.20 PROPERTY SOLD BY WEIGHT

  • (a) Where property is sold by "weight," weight tickets will be made, accumulated and provided to the Agent showing gross, tare, and net weights, and billing will be based on these tickets. Weight tickets will be accumulated and totaled after the final shipment for each year of this contract. The approved certified scales to be used for weighing are located at the Y-12 National Security Complex or as designated by the Agent; the ticket weights from these scales are considered final. Agent-approved weighing shall govern payment. The Purchaser may have a representative present at the time of weighing if desired.
  • (b) Notwithstanding the GSA clause titled "Adjustment for Variation in Quantity or Weight," the purchase price shall not be adjusted upward or downward unless the adjustment exceeds $200. If an upward adjustment to the purchase price is required, the adjustment amount shall be deducted from the Purchaser's initial deposit (if any) retained by the Agent. Any balance due to the Agent not covered by the deposit will be invoiced and shall be paid within seven (7) days from the receipt of invoice. For sales that require the Purchaser to remove property on multiple occasions (e.g., a contract to periodically remove the accumulation of waste material over the course of one year), the $200 threshold shall be applied only at the time of final shipment to the sum total of the weight variations occurring during the course of the contract.
Auction Terms and Conditions

  • 1. Definitions.
    The word "Government" as used herein shall mean the United States of America, and the word "Contracting Officer" shall mean the United States Department of Energy, its duly authorized representative or representatives. The word "Agent" shall mean the Government Contractor acting for the Department in selling the property. The word "Purchaser" shall mean the successful Bidder hereunder to whom award is made.

  • 2. Inspection.
    Bidders are invited and urged to inspect the property to be sold prior to submitting bids. Property will be available for inspection at the places and times specified in the Invitation. The Agent and the Government will not be obligated 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.

  • 3. Condition of Property.
    All property listed herein is offered for sale "as is" and without recourse against the Agent or Government. The description is based on the best available information, but the Agent and the Government make 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. 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.

  • 4. Payment.
    Payment of the purchase price or balance of the purchase price, if a deposit has been made or otherwise of the full purchase price, shall be made by cash, personal or company check; provided, however, the Agent reserves the right to require Bidder to replace personal or company check with cash, cashier's or certified check, bank draft, postal or express money order under circumstances deemed appropriate by the Agent. Checks must be made payable to CNS, L.L.C., Government Fund Account. Unless otherwise specified by the Agent, payment of the full purchase price must be made prior to the date specified for removal and prior to delivery of any property. If the successful Bidder fails to make full and final payment as herein provided, the Agent and the Government reserve the right, upon written notice to the successful Bidder, to place bidder in Default, place bidder's name on the default list and bar Bidder from future bidding opportunities for the period of two (2) years. 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.

  • 5. Title, Risk of Loss, and Agent's or Government's Liability.
    Title to the property sold hereunder shall vest in the Purchaser only upon full payment being made to the Agent (in the case of personal check or company check after such check is honored) except that if the contract provides for loading to be performed by the Agent, the title shall not vest in the Purchaser until both loading and payment are completed. The Agent will furnish a certificate of release, Standard Form 97, for each piece of equipment requiring licensing by a state. On all purchases the agent will issue to the Purchaser written authorization to permit removal of property. After mailing notice of award, and before delivery of property to the Purchaser, the Agent and 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 Agent by appropriate changes in the contract price. After delivery of property to the Purchaser, and before the date specified for removal, the Agent's and Government's responsibility will be limited to the exercise of reasonable care for the protection of the property. After the date specified for the removal of the property, all risk of loss, damage, or destruction from any cause whatsoever shall be borne by the Purchaser. In any case where liability of the Agent or Government to the Purchaser has been established, the Agent or Government's liability shall not, in any event, exceed refund of the purchase price or such portion thereof as the Agent may have received.

  • 6. Delivery and Removal of Property.
    (a) The Purchaser shall be entitled to obtain the property upon vesting of title of the property in him, unless otherwise specified. Delivery shall be at the designated location, and the Purchaser shall remove the property at his expense. The Purchaser must make all arrangements necessary for packing, removal, and transportation of property. The Agent will not act as liaison in any fashion between the Purchaser and carrier, nor will the Agent recommend a specific common carrier. Loading will only be performed as set forth in the Invitation, and unless otherwise provided in the Invitation, loading will not be performed on Saturdays, Sundays, Federal holidays, or any day that the installation where the property is located is closed. Where it is provided that the Agent will load, the Agent will make the initial placement of the property on conveyance(s) furnished by the Purchaser and the initial placement on the Purchaser's conveyance shall be as determined by the Agent. Unless otherwise provided in the Invitation, the Agent will not block, chock, brace, lash, band, or in any other manner secure the cargo on such conveyance(s) furnished by the Purchaser. The Purchaser shall reimburse the Agent or 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 Agent or the Government shall 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 Agent or 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 Agent or the Government, 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 authorized representative of the Agent, which arrangements shall be reduced to writing. (b) Where it is provided in the Invitation that the Agent will not load or that the Purchaser will load, the Purchaser will make all arrangements and perform all work necessary to effect removal of the property. The Purchaser shall remove the property at his expense within the period of time allowed in the Invitation. If the Agent determines that the failure to remove the property within the period of time originally allowed arose out of causes beyond the control and without the fault or negligence of the Purchaser, such determination shall be reduced to writing, and a reasonable extension of time for removal shall be allowed. Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather. If the Purchaser is permitted to remove the property after the expiration of the time originally allowed for removal or any additional time allowed by the Agent pursuant to this clause, the Agent, without limiting any other rights which it may have, may require the Purchaser to pay a reasonable storage charge. The Purchaser shall reimburse the Agent for any damage to Government property caused during the removal operations by the Purchaser or his authorized representative. (c) Items purchased under the Invitation will be released only to the Purchaser or his authorized representative. The authorized representative must furnish authorization from the Purchaser to the Custodian of the property at the property location before any delivery or release will be made. When property is described as being boxed, packed, crated, skidded, or in containers, the Agent does not warrant that the property, as packaged, is suitable for shipment. (d) Segregation, culling or selection of property for the purpose of effecting partial or increment removals will not be permitted except as specifically authorized and prescribed by the Agent.

  • 7. Adjustment for Variation in Quantity or Weight.
    Any variation between the quantity or weight listed for any item and the quantity 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.

  • 8. Verbal Modifications.
    Any oral statement by any representative of the Agent or Government, modifying or changing any condition of this contract, is an expression of opinion only and confers no right upon the Purchaser.

  • 9. 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.

  • 10. Assignments of Contracts.
    Any subcontract awarded under the Invitation is subject to the provisions of 41 U.S.C. 15 which generally precludes assignment of such contract.

  • 11. Claims Liability.
    The Bidder or Purchaser agrees to save the Government, CNS, L.L.C., its officers, agents, and employees harmless from any and all claims, demands, actions, debts, liabilities, judgments, costs and attorneys' 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 Bidder or Purchaser, its 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 Government, CNS, LLC., its officers, agents, and employees harmless from and on account of damages of any kind which the Government may suffer as the result of the acts of the Bidder or Purchaser, its agents, servants, or employees while in or about the said sites.

  • 12. Withdrawal of Property after Award.
    The Agent reserves the right to withdraw for its use any or all of the property covered by this subcontract, if a bona fide requirement for the property develops or exists prior to actual removal of the property from Government control. In the event of a withdrawal under this condition, the Agent shall be liable only for the refund of the subcontract price of the withdrawn property or such portion of the subcontract price as it may have received.

  • 13. Eligibility of Bidders.
    The Bidder warrants that he/she is not: (a) under 18 years of age; (b) an employee of an agency of the Federal Government (either as a civilian or as a member of the Armed Forces of the United States, including the United States Coast Guard, on active duty) prohibited by the regulations of that agency from purchasing property sold hereunder; (c) an agent or immediate member of the household of the employee in (b), above. For breach of this warranty, the Agent shall have the right to annul this subcontract without liability.

  • 14. Persons Prohibited from or Limited in Bidding.
    If the Bidder is an employee of the Agent, the U.S. Department of Energy, or a cost-type contractor of the U.S. Department of Energy, he hereby represents that he (1) has not participated in the Agent's determination to dispose of the property; (2) has not participated in the preparation of the property for sale; (3) has not participated in determining the method of this sale; (4) has not acquired information not otherwise available to the general public regarding usage, condition, quality, or value of the property. FPMR 109-45.302-50.

  • 15. Export Administration.

    Export Control. Personal property purchased from the U.S. Government may or may not be authorized for export from the U.S. to a foreign country. If export, is allowed, the Purchaser is solely responsible for obtaining all required clearances or approvals. The Purchaser also is required to pass on this information and any other DOE-provided export control guidance if the property is resold (including domestic retransfers) or otherwise disposed.

    The use, disposition, export and re-export of this property is subject to all applicable U.S. laws and regulations, including the Atomic Energy Act of 1954, as amended; the Arms Export Control Act (22 U.S.C. 2751 et seq.); the Export Administration Act of 1979 (560 U.S.C. App. ยง2401 et seq.); Assistance to Foreign Atomic Energy Activities (10 CFR Part 810); Export and Import of Nuclear Equipment and Material (10 CFR Part 110); International Traffic in Arms Regulations (22 CFR Part 120 et seq.); Export Administration Regulations (15 CFR Part 730 et seq.); Foreign Assets Control Regulations (31 CFR Part 500 et seq.); and the Espionage Act (37 U.S.C. 791 et seq.), which among other things, prohibits:

    • a. The making of false statements and concealment of any material information regarding the use or disposition, export or re-export of the property; and
    • b. Any use or disposition, export or re-export of the property, which is not authorized in accordance with the provisions of this agreement.

    . In the event that proliferation sensitive property, as identified on the U.S. Munitions List (22 CFR 121) or the International Atomic Energy Agency Information Circular (INFCIRC) 254 Part 1 (the Trigger List), is inadvertently included in this sale, the Purchaser agrees that the sale is void, and, if such property has been received by Purchaser, that Purchaser will return the property to CNS, LLC., Y-12 National Security Complex/NNSA/DOE. If payment has been made, the purchase price only shall be refunded to the Purchaser.