General Requirements
1. User IDs: The bidders who participate in the auction may log onto the auction website at anytime within the auction period and competitively bid against other bidders for NNPS surplus. Bidders will mask their identities with "User IDs" and will be able to view the bids of their competitors and respond with counter bids in an effort to submit the highest bid and subsequently secure the surplus material. Bidders may only participate in any given auction using one User ID.
Bidders using multiple "User IDs" shall be suspended from bidding in accordance with "Suspension of Bidding Privileges" clause below.
2. Surcharge: The Public Surplus Site Surcharge Rate shall be added to all purchases made. The surcharge is the cost to NNPS for the use of the third party web-site provider. The successful bidder shall add and include the surcharge amount when making payments to NNPS.
3. Taxes: State Sales Tax shall be added to all purchases made; except titled equipment shall be subject to the larger of $35.00 or current State Tax Rate. The successful bidder shall add and include sales tax amount when making payment to NNPS.
4. Award: Award will be made to the highest responsive, responsible bidder. Notification will be provided by Public Surplus, L.L.C. via e-mail to the successful bidder.
5. Default: Failure of successful bidder to pick up and pay for items within ten (10) NNPS business days following the date of receipt of award notice shall constitute default and suspension of bidding privileges shall be in accordance with "Suspension of Bidding Privileges" clause below.
6. Reposting: Auction items not sold as a result of default or as a result of suspension of the successful bidder will be reposted under a new auction.
7. No Warranty: The property is offered "As is, where is" with no express or implied warranties. Most of the property is used. The stated condition of the property is solely an opinion of NNPS. However, NNPS makes no warranties or guarantees, expressed or implied, as to the condition or quality of the items offered or fitness for particular purpose or fitness for use in general. Under no circumstance will a refund or adjustment be made due to the property failing to meet successful bidder's expectations. There is no guarantee or warranty on the part of NNPS as to condition or quality; or that the property offered, or a portion thereof, may not be withdrawn prior to the sale. Except as stated herein, no service of any kind will be furnished by NNPS, and the successful bidder shall assume any cost of removing property from the NNPS site.
8. No Consequential Damages: Items are offered for sale using the services and Web site of Public Surplus, L.L.C. (www.publicsurplus.com). Under no circumstances will NNPS be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of the auction web site or any other web site to which the site is linked, the content of such web sites, or any viruses or other harmful components derived from any such web sites, including, without limitation, any profits, revenue, or use, business interruption, or loss of computer programs or information, even if NNPS has been specifically advised of the possibility of such damages or losses. Links to other Web sites or Internet locations from this Web site have been provided for your convenience only. NNPS does not endorse, sponsor, or approve any of the content of such Web sites or locations. NNPS has no control over any of the Web sites or other Internet locations that you may access through this Web site, and is not responsible for the content or accuracy of the content of any such Web sites or locations. If you access any other Web site or Internet locations through this Web site, you do so at your own risk.
9. Bid Submittals: All bids shall be submitted in accordance with the procedures established by NNPS and Public Surplus, L.L.C. Bids submitted in any other manner (i.e. verbal, telephone, fax, e-mail, courier or mail, etc.) will not be accepted.
10. NNPS Employees Prohibited From Participation: No equipment, supplies, textbooks, or any other materials may be sold to any employee of the school division or to any organization which operates a private school, unless such school is in compliance with procedures supporting the Civil Rights Act of 1964.
Pursuant to the Virginia Conflict of Interests Act, this employee prohibition applies to the employee's immediate family as currently defined in the Virginia Conflict of Interests Act as a spouse and any other person residing in the same household as the employee who is a dependent of the employee or of whom the employee is a dependent.
If the above definition is subsequently amended by the General Assembly, the amended definition shall be applicable.
11. Fraud/Collusion: The bidder certifies by entering his bid price that his bid is made without prior understanding, agreement or accord with another person submitting a bid for the same item and that this bid is in all respects a bona fide, fair bid and not the result of any act of fraud or collusion with another person. Any false statement hereunder constitutes a felony and can result in a fine or imprisonment, as well as civil damages.
12. Bid Binding Period: Bidder agrees that its bid price shall be binding and may not be withdrawn after the scheduled closing date for the auction.
13. Bid Acceptance: NNPS reserves the right to reject any and all bids in whole or in part, and to waive any informality if, in its judgment the best interests of the school division will be served.
Each bid is received with the understanding that the acceptance by NNPS of the offer to purchase the auction items shall constitute a contract between the bidder and NNPS.
14. Liability: The successful bidder shall assume all liability for the property after award is made. NNPS will exercise its usual care for protection of items up to the time of removal, but will not be responsible for any loss or damage. NNPS does not provide security for bid items once the successful bidder has been notified. It is recommended that payment and pick-up be made promptly after award notification is provided.
15. Payment/Pick Up of Items: Successful bidder shall pay for and pick items up within five (5) business days of notification of award. Payment shall be made by Certified Check, Cashier's Check, or Money Order only. Checks shall be made payable to "Newport News Public Schools", and must be paid at NNPS Purchasing Department located at 12465 Warwick Blvd. 23606, Newport News, VA 23606. After payment is made, receipt must be presented to NNPS SCOT Warehouse, 710 Hogan DR., Newport News, VA 23606, to pick up auction items, unless otherwise specified in auction posting. Unless otherwise specified, hours of payment/pick-up shall be between the hours of 9:00AM and 2:00 PM, Monday through Friday, on NNPS business days.
16. Damages: In the event of default by the successful bidder or suspension of bidding privileges resulting in closure of auction with no award, NNPS reserves the right to repost, sell, or otherwise dispose of the items through other means, and hold the successful bidder liable for the loss of revenue or disposal expense incurred thereby.
17. Hold Harmless: The bidder guarantees to hold NNPS, its agents or employees, harmless from liability of any nature or kind in the sale or of the bidder's use of the property.
18. No Contact With NNPS Employees: Direct contact with NNPS employees, other than the employees of the school division's Warehouse or Purchasing staff, on the subject of this bid is expressly forbidden except with the foreknowledge and permission of the NNPS Purchasing Agent or his/her representative.
19. Applicable Law and Courts: Any contract resulting from this solicitation shall be governed in all respects by laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth of Virginia. The bidder shall comply with applicable federal, state and local laws and regulations.
20. Inspection of Items: Bidders may review and/or inspect all items by appointment only at the NNPS SCOT Warehouse, 710 Hogan Drive, Newport News, VA 23606, unless otherwise specified. Comments made by NNPS staff concerning the items offered for sale shall not be binding, nor shall they constitute any warranty or guaranty, expressed or implied, as to the condition or quality of the items offered or fitness for particular purpose or fitness for use in general.
21. Questions: Any and all questions pertaining to the auction shall be submitted in writing twenty four (24) hours prior to the date and time of the auction closing. Questions may be submitted on-line via the auction link.
22. Changes or Modifications: Changes or modifications to the auction made prior to the date and time of closing will be addressed by addenda via www.surplusaution.com from the Issuing Office. Oral communications are not a part of the auction.
23. Bidder Obligation: Bidder shall carefully examine the terms and conditions of each auction. Failure to do so shall not relieve the bidder of its obligation to fulfill the requirements of any auction award.
24. Suspension of Bidding Privileges: The NNPS Warehouse Manager shall have the authority to suspend a person or firm from bidding for reasons such as but not limited to default of payment, bidding under more than one user name, or actions in violation of NNPS School Board Policy, Federal law, and/or State law. Any person or firm suspended from participating in NNPS auctions will be notified in writing by the NNPS Warehouse Manager via a Notice of Suspension. The Notice of Suspension will state the reasons for the suspension and such decision shall be final unless the person or firm appeals within five (5) calendar days of receipt of the Notice.
Suspension of Bidding Privileges shall be as follows:
· First offense - six (6) month suspension
· Second offense - one (1) year suspension
· Third offense - indefinite suspension
25. Appeals: Appeals shall be submitted in writing to the NNPS Purchasing Agent, 12465 Warwick Blvd, Newport News, VA, 23606 within five (5) calendar days of receipt of the Notice of Suspension. The Purchasing Agent's decision will be issued in writing within five (5) NNPS business days following receipt of the appeal and will be final.
26. Consistent with the legal interpretations of the words "shall" and "will", when used in these requirements, the following definitions of these words shall apply:
Shall - is required to; this is the mandatory sense intended and typically upheld by courts
Will - intention as opposed to legally required