ADDITIONAL SPECIAL CONDITIONS AND SPECIAL INSTRUCTIONS REGARDING HAZARDOUS AND DANGEROUS PROPERTY

DANGEROUS PROPERTY: Purchasers are cautioned that articles or substances of a dangerous nature may remain in the property regardless of the care exercised to remove same. The Government assumes no liability for damages to property of the Purchaser or for personal injury, disability or death of the Purchaser, its employees or to any other person arising from or affiliated with the purchase, use or dispositions of this material. The Purchaser shall hold the Government harmless from any and all such demands, suits, actions, or claims arising from or otherwise relating to the purchase of this material.

HAZARDOUS PROPERTY: The Government cautions that the subject item, material or substances, or one or more components, parts, constituents or ingredients thereof may be corrosive, reactive, ignitable or exhibit other hazardous or toxic properties. The Government assumes no responsibility for any damage to the property of the purchaser, to the property of any person, or to public property, or for any personal injury, illness, disability or death to the purchaser, purchaser’s employees, or any other person subject to purchaser’s control or any other person including members of the general public, or for any other consequential damages arising from or incident to the purchase, use, processing, disposition, or any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance. The purchaser agrees to hold harmless and indemnify the Government for any and all costs and expenses incurred incident to any claim, suit, demand, judgment, action, debt, liability costs and attorney’s fees or any other request for money or any other type of relief arising from or incident to the purchase, use, processing, disposition, subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

HAZARDOUS WARNING AND LIABILITY: Notwithstanding the clause entitled VESTING OF TITLE, the Purchaser agrees that the provisions of the clause entitled COMPRESSED GAS CYLINDERS will apply from the time removal of the compressed gas cylinders is effected, until the cylinders are either certified by the purchaser as having passed applicable testing and/or have been returned to Government control.

DISPOSITION AND USE OF HAZARDOUS PROPERTY: Purchasers represent, warrant, and certify to the United States Government that they will use and ultimately dispose of any hazardous property purchased under this Invitation for Bid as stipulated under applicable local, national, and international laws and regulations.

COMPRESSED GAS CYLINDERS: Purchasers are warned that this material may contain constituents of an explosive or toxic nature regardless of the care exercised by the Government to remove them or render the material harmless. Additionally, prior to reuse or resale of Government cylinders, the Purchaser must obliterate the registered Government symbol, by stamping or penning over the symbol and stamping the new users identification on the cylinder shoulder. The new cylinder identification will be reported to Associate Administrator for Hazardous Materials Safety, as specified in 49 CFR part 178. No cylinder(s) obtained from the Government will be reused by the Purchaser for transportation of compressed gasses unless it meets the requirements of the hazardous materials regulation in Section 173.34, Title 49, code of Federal Regulations and the serviceability criteria of the Compressed Gas Association Pamphlet C-6.

HYDROSTATIC TESTING: Hydrostatic testing of each cylinder shall be performed by the Purchaser as prescribed by Method 1, 2, or 3 described in “Methods for Hydrostatic Testing of Compressed Gas Cylinders”, Pamphlet C-1, Compressed Gas Association, Inc., which may be obtained for a fee from the Compressed Gas Association, Inc., 1725 Jefferson Davis Highway, Suite 1004, Arlington, VA 22202-4102.

DISPOSITION OR END USE OF COMPRESSED GAS CYLINDERS: Cylinders that pass the Hydrostatic or other acceptable test will be held by the Purchaser until the Purchaser furnishes the Sales Contracting Officer (within 60 days after removal) a certification that stipulates the size, serial number, retesters identification number or approval issued by the Associate Administrator for Hazardous Materials Safety, as specified in 49 CFR 173, for each cylinder that passed the test. These cylinders will not be reused or sold for reuse until this certification has been furnished the Sales Contracting Officer.

VESTING OF TITLE: Notwithstanding any other conditions of sale, title (ownership) to the compressed gas cylinders will not vest in the Purchaser until the Purchaser furnishes the required certification to the Sales Contracting Officer for those compressed gas cylinders which have passed hydrostatic or other acceptable testing.

GOVERNMENT’S RIGHT OF SURVEILLANCE: a. The Government reserves the right to conduct inspections of the Purchaser’s and/or its agent’s representatives, assignee’s and/or vendee’s transportation conveyances and/or equipment utilized to effect removal of the property purchased under this Invitation for Bid. Such actions may be accomplished prior to, during and/or subsequent to removal of the property from Government premises. The Purchaser shall furnish Government employees, or authorized representative with the free access and reasonable assistance required to conduct such inspections. b. The Government reserves the right to conduct inspections of treatment, storage and disposal facilities of the Purchaser, its agent, representative, assignee and vendee including the equipment, instrumentalities, and records thereof. Such action may be accomplished prior to, during and subsequent to removal of property from Government premises. The Purchaser shall furnish Government employees, or authorized representative with free access and assistance as requested to conduct such inspections. c. Where the Purchaser transfers any property acquired under this contract to a third party, the Purchaser warrants that by the terms of that transfer, the Government shall retain all rights and privileges conferred upon it by parts a and b of this clause.

STATEMENT OF INTENT: The Government will not sell this property without an approved Statement of Intent. Where a Statement of Intent is required to complete the transaction, no property will be released or removed until all certificates are filed and the property has been cleared for release. There will be no exceptions or exclusions to the Terms and Conditions of sale. Once it is determined that you are the high bidder, after the sale closing date, the following deadlines apply: You will have five (5) business days from the sale closing date to submit a completed Statement of Intent to the GSA Sales Contracting Officer (SCO). If revisions to the Statement of Intent are necessary, you will have an additional five (5) business days to make revisions and submit an acceptable Statement of Intent. Buyers who have not submitted an acceptable Statement of Intent within ten (10) business days will have their winning bids terminated and liquidated damages assessed. The liability of the Statement of Intent for completeness, correctness and legibility is that of the Buyer of the property. GSA does not control the amount of time required for approval or the final decision to allow or disallow the release of the property to the individual(s) completing and filing the Statement of Intent

STATEMENT OF INTENT MUST BE COMPLETED BY SUCCESSFUL BIDDER STATEMENT OF INTENT

ACKNOWLEDGEMENT:

The Bidder represents and warrants that the ultimate destination, use, and disposition of the property shall be in accordance with the Statement of Intent and/or Statement of Acknowledgement as submitted and approved by the Sales Contracting Officer. Any unauthorized disposition of the property by a sub-purchaser or sub-receiver of the property shall be the responsibility of such sub- purchaser or sub-receiver and, where at fault, of the original buyer from the United States. The trade control actions required will be applied to all items included in the original sale. Resale breakdowns of such sales will still be subject to the same control requirements applicable to the original sale. The Standard Form 114C, April 2001 and the Special Requirements and Conditions are included by reference.

Misuse of these items to compromise national security and/or to create or disseminate biological warfare agents is illegal. Further, the re-sale and/or exportation of certain technological items to countries subject to trade security controls is prohibited. You may be subject to prosecution if these items are used for illegal activity. Reference Online Special Terms and Conditions “Export Restriction Notice.”

BIDDER INFORMATION a. NAME OF BIDDER: ______b. TAX IDENTIFICATION NUMBER (TIN): ______c. BIDDER’S ADDRESS: ______d. TELEPHONE NUMBER ______e. PLEASE LIST BUSINESS OR OTHER NAMES USED BY THE PRINCIPAL BIDDER: ______

NATURE OF BUSINESS: (1) BROKER, MARKETER, RETAILER or WHOLESALER (2) TREATMENT, STORAGE AND/OR DISPOSAL FACILITY (3) OTHER (Specify)

SPECIFIC USAGE:

AS A PURCHASER, I WILL:

(1) RESELL ITEM(S):______(2) USE ITEM AS INTENDED:______(3) SCRAP ITEM(S) FOR RECOVERY OF CONTENTS:______(4) RE-REFINE/REPROCESS ITEM (S) ______(5) OTHER (Specify Item)______

RESALE OF ITEM(S):

If items are resold and when requested by the Contracting Officer to furnish information regarding the disposition made of the property awarded to the Purchaser, the Purchaser agrees to furnish the requested information within the specified timeframe stated by the regional Sales Contracting Officer.

CERTIFICATION: I CERTIFY THAT ALL OF THE INFORMATION GIVEN IN THIS STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THIS STATEMENT IS INCORPORATED BY REFERENCE INTO ANY RESULTING CONTRACT OF SALE WITH THE U.S. GOVERNMENT. ______Signature of Official Bidder Date of Signing