41 C.F.R. Subpart C—Bids
Title 41 - Public Contracts and Property Management
Generally, you may sell Federal personal property to anyone of legal age. However, certain persons or entities are debarred or suspended from purchasing Federal property. You must not enter into a contract with such a person or entity unless your agency head or designee responsible for the disposal action determines that there is a compelling reason for such an action. Refer to the List of Parties Excluded from Federal Procurement and Nonprocurement Programs to ensure you do not solicit from or award contracts to these persons or entities. The list is available through subscription from the U.S. Government Printing Office, or electronically on the Internet at http://epls.arnet.gov. For policies, procedures, and requirements for debarring/suspending a person or entity from the purchase of Federal personal property, follow the procedures in the Federal Acquisition Regulation (FAR) subpart 9.4 (48 CFR part 9, subpart 9.4). [68 FR 51421, Aug. 26, 2003; 68 FR 53219, Sept. 9, 2003] Yes, you may sell Federal personal property to any Federal employee whose agency does not prohibit their employees from purchasing such property. However, unless allowed by Federal or agency regulations, employees having nonpublic information regarding property offered for sale may not participate in that sale (see 5 CFR 2635.703). For purposes of this section, the term “Federal employee” also applies to an immediate member of the employee's household. Yes, you may sell Federal personal property to State or local governments. Additional guidelines on sales to State or local governments are contained in subpart G of this part.
Title 41: Public Contracts and Property Management
PART 102–38—SALE OF PERSONAL PROPERTY
Subpart C—Bids
Buyer Eligibility
§ 102-38.170 May we sell Federal personal property to anyone?
§ 102-38.175 How do we find out if a person or entity has been suspended or debarred from doing business with the Government?
§ 102-38.180 May we sell Federal personal property to a Federal employee?
§ 102-38.185 May we sell Federal personal property to State or local governments?
Acceptance of Bids
§ 102-38.190 What is considered a responsive bid?
A responsive bid is a bid that complies with the terms and conditions of the sales offering, and satisfies the requirements as to the method and timeliness of the submission. Only responsive bids may be considered for award.
§ 102-38.195 Must bidders use authorized bid forms?
No, bidders do not have to use authorized bid forms; however if a bidder uses his/her own bid form to submit a bid, the bid may be considered only if—
(a) The bidder accepts all the terms and conditions of the offer to sell; and
(b) Award of the bid would result in a binding contract.
§ 102-38.200 Who may accept bids?
Authorized agency representatives may accept bids for your agency. These individuals should meet your agency's requirements for approval of Government contracts.
§ 102-38.205 Must we accept all bids?
No, the Government reserves the right to accept or reject any or all bids. You may reject any or all bids when such action is advantageous to the Government, or when it is in the public interest to do so.
§ 102-38.210 What happens when bids have been rejected?
You may re-offer items for which all bids have been rejected at the same sale, if possible, or another sale.
§ 102-38.215 When may we disclose the bid results to the public?
You may disclose bid results to the public after the sales award of any item or lot of property. On occasions when there is open bidding, usually at a spot bid sale or auction, all bids are disclosed as they are submitted. No information other than names may be disclosed regarding the bidder(s).
§ 102-38.220 What must we do when the highest bids received have the same bid amount?
When the highest bids received have the same bid amount, you must consider other factors of the sale (e.g., timely removal of the property, terms of payment, etc.) that would make one offer more advantageous to the Government. However, if you are unable to make a determination based on available information, and the Government has an acceptable offer, you may re-offer the property for sale, or you may utilize random tiebreakers to avoid the expense of reselling the property.
§ 102-38.225 What are the additional requirements in the bid process?
All sales except fixed price sales must contain a certification of independent price determination. If there is suspicion of false certification or an indication of collusion, you must refer the matter to the Department of Justice or your agency's Office of the Inspector General.
Bid Deposits
§ 102-38.230 Is a bid deposit required to buy personal property?
No, a bid deposit is not required to buy personal property. However, should you require a bid deposit to protect the Government's interest, a deposit of 20 percent of the total amount of the bid is generally considered reasonable.
§ 102-38.235 What types of payment may we accept as bid deposits?
In addition to the acceptable types of payments in §102–38.290, you may also accept a deposit bond. A deposit bond may be used in lieu of cash or other acceptable form of deposit when permitted by the offer to sell, such as the Standard Form (SF) 150, Deposit Bond—Individual Invitation, Sale of Government Personal Property, SF 151, Deposit Bond—Annual, Sale of Government Personal Property, and SF 28, Affidavit of Individual Surety. For information on how to obtain these forms, see §102–2.135 of subchapter A.
§ 102-38.240 What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid?
(a) When a bid deposit is secured by a deposit bond and the bidder defaults, you must issue a notice of default to the bidder and the surety company.
(b) When a bid deposit is secured by a deposit bond and the bidder wants to withdraw his/her bid, you should return the deposit bond to the bidder.
Late Bids
§ 102-38.245 Do we consider late bids for award?
Consider late bids for award only when the bids were delivered timely to the address specified and your agency caused the delay in delivering the bids to the official designated to accept the bids.
§ 102-38.250 How do we handle late bids that are not considered?
Late bids that are not considered must be returned to the bidder promptly. You must not disclose information contained in returned bids.
Modification or Withdrawal of Bids
§ 102-38.255 May we allow a bidder to modify or withdraw a bid?
(a) Yes, a bidder may modify or withdraw a bid prior to the start of the sale or the time set for the opening of the bids. After the start of the sale, or the time set for opening the bids, the bidder will not be allowed to withdraw his/her bid.
(b) You may consider late modifications to an otherwise successful bid at any time, but only when it makes the terms of the bid more favorable to the Government.
Mistakes in Bids
§ 102-38.260 Who makes the administrative determinations regarding mistakes in bids?
The administrative procedures for handling mistakes in bids are contained in FAR 14.407, Mistakes in Bids (48 CFR 14.407). Your agency head, or his/her designee, may delegate the authority to make administrative decisions regarding mistakes in bids to a central authority, or a limited number of authorities in your agency, who must not re-delegate this authority.
§ 102-38.265 Must we keep records on administrative determinations?
Yes, you must—
(a) Maintain records of all administrative determinations made, to include the pertinent facts and the action taken in each case. A copy of the determination must be attached to its corresponding contract; and
(b) Provide a signed copy of any related determination with the copy of the contract you file with the Comptroller General when requested.
§ 102-38.270 May a bidder protest the determinations made on sales of personal property?
Yes, protests regarding the validity or the determinations made on the sale of personal property may be submitted to the Comptroller General.
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