## FMR Bulletin B-5 (Personal Property)

**GSA Bulletin FMR B-5\
Personal Property**

To: Heads of Federal agencies

Subject: Annual Executive Agency Reports on Excess and Exchange/Sale
Personal Property

1\. **What is the purpose of this bulletin**?  This bulletin is issued
to remind executive agencies of the requirement to annually submit to
the General Services Administration (GSA) a report on excess personal
property furnished to non-Federal recipients and a report on property
exchanged or sold for replacement purposes.  This bulletin also provides
guidance on preparing the reports and cancels FPMR Bulletin H-43.

2\. **When does this bulletin expire**?  This bulletin contains
information of a continuing nature and will remain in effect until
cancelled or revised.

3\. **What is the background of this bulletin**?

a\. GSA has Governmentwide oversight and management responsibilities for
the disposition of excess and exchange/sale personal property.  GSA's
responsibilities include issuing appropriate regulations and monitoring
agency compliance with the regulations through the following reports:

\(1\) **Annual report of exchange/sale transactions (Exchange/Sale
Report)**.  Federal Management Regulation (FMR) 102-39.75 (41 CFR
102-39.75) requires each executive agency to submit to GSA a summary
report on transactions made under the exchange/sale authority of 40
U.S.C. 503 during the fiscal year preceding the report.  If no
exchange/sale transactions are conducted, a negative report to that
effect is required.  Interagency report control number 1528-GSA-AN has
been assigned to the report.

(2)  **Annual report of personal property furnished to non-Federal
recipients (Non-Federal Recipients Report)**.  Pursuant to 40 U.S.C.
529, executive agencies must submit to GSA, following the close of each
fiscal year, an annual report of personal property furnished to any
non-Federal recipient during the previous fiscal year.  In addition,
Executive Order (EO) 12999 requires agencies to report to GSA any excess
computers and related peripheral equipment that is transferred directly
to schools and nonprofit educational institutions (see also 41 CFR
102-36.475).   Requirements for the report, including EO 12999 report
requirements, are contained in FMR 102-36.295 and 102-36.300 (41 CFR
102-36.295 and 102-36.300). Agencies that do not furnish property to a
non-Federal recipient during the report period must submit a negative
report.  Interagency report control number 0154-GSA-AN has been assigned
to the report.

b\. Unfortunately, a number of executive agencies have not submitted
reports to GSA, or have failed to list all the required information when
they do, making it difficult for GSA to carry out its oversight and
management responsibilities.

4\. **What information do I need to report on exchange/sale
transactions**?

a\. When property is exchanged or sold for replacement purposes under
the provisions of FMR part 102-39 (41 CFR part 102-39), your report to
GSA must include:

\(1\) A list sorted by each 2-digit Federal Supply Classification (FSC)
Group of property sold showing the total number of items sold, the total
original acquisition cost of the property, and the total net proceeds
received.

\(2\) A list sorted by each 2-digit FSC Group of property exchanged
showing the total number of items exchanged, the total original
acquisition cost of the property, and the total exchange allowance
received.

b\. You do not need to include exchange/sale transactions involving
books and periodicals (FSC Group 76).

5\. **What information do I need to provide when reporting on property
furnished to non-Federal recipients**?  Your report must reference FMR
102-36.300 (41 CFR 102-36.300) and include the name of each recipient;
the total original acquisition cost of all personal property furnished
to each recipient identified by the appropriate 2-digit FSC group (a
more detailed description is required for computer equipment transferred
under EO 12999); and an explanation as to the type of recipient (e.g.,
contractor, grantee, cooperative, Stevenson-Wydler recipient, lessee,
licensee, permittee, etc.).  You must provide this information for all
personal property (1) obtained as excess or determined to be no longer
required for the purpose of the appropriation used to make the purchase
and (2) furnished in any manner whatsoever within the United States to a
non-Federal recipient.  You do not need to report items sold,
transferred, or donated by GSA on your behalf as part of the normal
disposal process.  You also do not need to report computer equipment
transferred through the Computers for Learning (CFL) website
(www.computers.fed.gov).   For purposes of the report, the term:

a\. "Personal property obtained as excess" includes property you
obtained from another Federal agency under the provisions of FMR part
102-36 (41 CFR part 102-36) and subsequently furnished in any manner
whatsoever to a non-Federal recipient.

b\. "Personal property determined to be no longer required for the
purpose of the appropriation used to make the purchase" includes:

\(1\) Property that was no longer needed for direct agency use by the
organizational unit accountable for the property, and was subsequently
furnished in any manner whatsoever to a non-Federal recipient rather
than placed in your agency's internal redistribution or disposal system;
and

\(2\) Property that entered your agency's internal redistribution or
disposal system, and was subsequently furnished in any manner whatsoever
to a non-Federal recipient.

c\. "Furnished in any manner whatsoever" includes but is not limited to
transfer, donation, loan, lease, license agreement, and sale
transactions.

d\. "Non-Federal recipient" includes all contractors (fixed-price,
cost-reimbursable, etc.); all grantees (project, formula, etc.); and any
other individual or organization that is not a Federal agency.  State
and local government entities are regarded as non-Federal recipients.

e\. "Within the United States" includes the 50 States, the District of
Columbia, the U.S. Virgin Islands, American Samoa, Guam, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, the Marshall Islands, and
Palau.

6\. **Is there a prescribed form for use in submitting the reports**? 
No, you may submit the reports in a format of your choice, as long as
the information submitted is consistent with the information required by
FMR 102-36.300 and 102-39.75 (41 CFR 102-36.300 and 102-39.75).  See the
attachments to this bulletin for guidance on report formats that comply
with the FMR.

7\. **When are the reports due**?  Your reports are due to GSA no later
than December 29 of each year.

8\. **Where in GSA do I send the reports**?  The reports must be
consolidated separately by the headquarters office of each executive
agency and sent electronically or by mail to Mr. Robert Holcombe,
Director, Personal Property Management Policy Division (MTP), Office of
Governmentwide Policy, GSA, Washington, DC 20405; e-mail,
[[robert.holcombe@gsa.gov]{.underline}](mailto:robert.holcombe@gsa.gov).

9\. **Who should I contact for additional information concerning the
reports**?

a\. For information concerning the Exchange/Sale Report, you may contact
Rick Bender (MTP) at (202) 501-3448 or via e-mail at
[[rick.bender@gsa.gov]{.underline}](mailto:rick.bender@gsa.gov).

b\. For information concerning the Non-Federal Recipients Report,
contact Joyce Spalding (MTP) at (202) 501-8974 or
[[joyce.spalding@gsa.gov]{.underline}](mailto:joyce.spalding@gsa.gov).

10\. **What effect does this bulletin have on GSA Bulletin FPMR H-43**? 
GSA Bulletin FPMR H-43 is canceled as the information contained there is
superseded by this bulletin.

G.MARTIN WAGNER\
Associate Administrator\
Office of Governmentwide Policy