> GENERAL SERVICES ADMINISTRATION September 26, 2006
>
> Washington, DC 20405
>
> FEDERAL MANAGEMENT REGULATION
>
> Amendment 2006-06
>
> TO: Heads of Federal agencies
>
> SUBJECT: FMR Case 2006-102-4; Disposition of Excess Personal
>
> Property
>
> 1\. [Purpose]{.underline}. This document includes pages that reflect
> amendments to Part 102-36 of the Federal Management Regulation
>
> (FMR). This rule was published in the Federal Register at 71 FR
>
> 53571, September 12, 2006.
>
> 2\. [Background]{.underline}. GSA is in the process of revising the
> Federal Property Management Regulations (FPMR) and transferring most
> of the content into a new, streamlined Federal Management Regulation
> (FMR). Consequently, FMR part 102-36 (41 CFR part
>
> 102-36) contains references to FPMR sections that no longer exist.
> Also, Public Law 107-217 revised and restated certain provisions of
> the Federal Property and Administrative Services Act of 1949 (Property
> Act). For example, the Property Act provisions found at 40 U.S.C.
> 471-514 will now generally be found at 40 U.S.C. 101-705. This final
> rule updates the title 40
>
> U.S.C. citations to reflect the changes made by Public Law 107-
>
> 217\. Finally, updating or clarifying revisions were made where the
> revisions are seen as administrative or clerical in nature. This
> includes a revised definition of "Foreign excess personal property."
>
> 3\. [Effective date]{.underline}. October 12, 2006.
>
> 4\. [Explanation of changes]{.underline}. The General Services
> Administration is amending the Federal Management Regulation (FMR)
> language that pertains to personal property by correcting references
> to outdated or superseded provisions of law or regulation; correcting
> text to be in conformance with revised laws, regulation, or Federal
> agency responsibilities; and clarifying text where the intended
> meaning could be updated or made clearer. The FMR and any
> corresponding documents may be accessed at GSA's Web site at
> *http://www.gsa.gov/fmr*.
>
> 5\. [Filing instructions]{.underline}. Make the following page
> changes: [Remove FMR pages]{.underline}: [Insert FMR
> pages]{.underline}:
>
> 102-36-1 thru 102-36-16 102-36-1 thru 102-36-16
>
> Attachment
>
> 2
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.40**
>
> **PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY**
>
> **Subpart A---General Provisions** project grantees, or cooperative
> agreement recipients. All executive agencies must, to the maximum
> extent practicable,
>
> **§102-36.5---What is the governing authority for this part?** fill
> requirements for personal property by using existing
>
> Section 121(c) of title 40, United States Code, authorizes agency
> property or by obtaining excess property from other
>
> the Administrator of General Services to prescribe regula- Federal
> agencies in lieu of new procurements.
>
> tions as he deems necessary to carry out his functions under (b) If
> GSA determines that there are no Federal require-
>
> subtitle I of title 40. Section 521 of title 40 authorizes the Gen-
> ments for your excess personal property, it becomes surplus
>
> eral Services Administration (GSA) to prescribe policies to property
> and is available for donation to State and local public
>
> promote the maximum use of excess Government personal agencies and
> other eligible non-Federal activities. Title 40 of
>
> property by executive agencies. the United States Code requires that
> surplus personal property be distributed to eligible recipients by an
> agency established
>
> **§102-36.10---What does this part cover?** by each State for this
> purpose, the State Agency for Surplus
>
> This part covers the acquisition, transfer, and disposal, by Property.
>
> executive agencies, of excess personal property located in the (c)
> Surplus personal property not selected for donation is
>
> United States, the U.S. Virgin Islands, American Samoa, offered for
> sale to the public by competitive offerings such as
>
> Guam, Puerto Rico, the Federated States of Micronesia, the sealed bid
> sales, spot bid sales or auctions. You may conduct
>
> Marshall Islands, Palau, andhe Northern Mariana Islands. or contract
> for the sale of your surplus personal property, or have GSA or another
> executive agency conduct the sale on
>
> **§102-36.15---Who must comply with the provisions of this** behalf of
> your agency in accordance with part 102-38 of this
>
> **part?** chapter. You must inform GSA at the time the property is
>
> All executive agencies must comply with the provisions of reported as
> excess if you do not want GSA to conduct the sale
>
> this part. The legislative and judicial branches are encouraged for
> you.
>
> to report and transfer excess personal property and fill their (d) If
> a written determination is made that the property has
>
> personal property requirements from excess in accordance no commercial
> value or the estimated cost of its continued
>
> with these provisions. care and handling would exceed the estimated
> proceeds from its sale, you may dispose of the property by abandonment
> or
>
> **§102-36.20---To whom do "we", "you", and their variants**
> destruction, or donate it to public bodies.
>
> **refer?**
>
> Use of pronouns "we", "you", and their variants through-
> **Definitions**
>
> out this part refer to the agency.
>
> **§102-36.40---What definitions apply to this part?**
>
> **§102-36.25---How do we request a deviation from these** The
> following definitions apply to this part:
>
> **requirements and who can approve it?** "Commerce Control List Items
> (CCLIs)" are dual use
>
> See [§§102-2.60]{.underline} through [102-2.110]{.underline} of this
> chapter to (commercial/military) items that are subject to export
> control
>
> request a deviation from the requirements of this part. by the Bureau
> of Export Administration, Department of Com- merce. These items have
> been identified in the U.S. Export
>
> **§102-36.30---When is personal property excess?** Administration
> Regulations (15 CFR part 774) as export con-
>
> Personal property is excess when it is no longer needed by trolled for
> reasons of national security, crime control, technol-
>
> the activities within your agency to carry out the functions of ogy
> transfer and scarcity of materials.
>
> official programs, as determined by the agency head or desig-
> "Cooperative" means the organization or entity that has a
>
> nee. cooperative agreement with a Federal agency.
>
> "Cooperative agreement" means a legal instrument reflect-
>
> **§102-36.35---What is the typical process for disposing of** ing a
> relationship between a Federal agency and a non-Fed-
>
> **excess personal property?** eral recipient, made in accordance with
> the Federal Grant and
>
> \(a\) You must ensure personal property not needed by your Cooperative
> Agreement Act of 1977 (31 U.S.C. 6301--6308),
>
> activity is offered for use elsewhere within your agency. If the under
> any or all of the following circumstances:
>
> property is no longer needed by any activity within your (1) The
> purpose of the relationship is the transfer, between
>
> agency, your agency declares the property excess and reports a Federal
> agency and a non-Federal entity, of money, prop-
>
> it to GSA for possible transfer to eligible recipients, including
> erty, services, or anything of value to accomplish a public pur-
>
> Federal agencies for direct use or for use by their contractors, pose
> authorized by law, rather than by purchase, lease, or barter, for the
> direct benefit or use of the Federal Government.
>
> 102-36-1
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> **§102-36.40** FEDERAL MANAGEMENT REGULATION
>
> \(2\) Substantial involvement is anticipated between the "Hazardous
> personal property" means property that is
>
> Federal agency and the cooperative during the performance of deemed a
> hazardous material, chemical substance or mixture,
>
> the agreed upon activity. or hazardous waste under the Hazardous
> Materials Transpor-
>
> \(3\) The cooperative is a State or local government entity or tation
> Act (HMTA) (49 U.S.C. 5101), the Resource Conser-
>
> any person or organization authorized to receive Federal vation and
> Recovery Act (RCRA) (42 U.S.C. 6901--6981), or
>
> assistance or procurement contracts. the Toxic Substances Control Act
> (TSCA)
>
> "Demilitarization" means, as defined by the Department of (15 U.S.C.
> 2601--2609).
>
> Defense, the act of destroying the military capabilities inher-
> "Holding agency" means the Federal agency having
>
> ent in certain types of equipment or material. Such destruction
> accountability for, and generally possession of, the property
>
> may include deep sea dumping, mutilation, cutting, crushing, involved.
>
> scrapping, melting, burning, or alteration so as to prevent the
> "Intangible personal property" means personal property in
>
> further use of the item for its originally intended purpose. which the
> existence and value of the property is generally rep-
>
> "Excess personal property" means any personal property resented by a
> descriptive document rather than the property
>
> under the control of any Federal agency that is no longer itself. Some
> examples are patents, patent rights, processes,
>
> required for that agency's needs, as determined by the agency
> techniques, inventions, copyrights, negotiable instruments,
>
> head or designee. money orders, bonds, and shares of stock.
>
> "Exchange/sale property"is property not excess to the "Life-limited
> aircraft part" is an aircraft part that has a
>
> needs of the holding agency but eligible for replacement, finite
> service life expressed in either total operating hours,
>
> which is exchanged or sold under the provisions of part total cycles,
> and/or calendar time.
>
> 102-39 of this chapter in order to apply the exchange allow- "Line
> item" means a single line entry, on a reporting form
>
> ance or proceeds of sale in whole or part payment for replace- or
> transfer order, for items of property of the same type having
>
> ment with a similar item. the same description, condition code, and
> unit cost.
>
> "Executive agency" means any executive department or "Munitions List
> Items (MLIs)" are commodities (usually
>
> independent establishment in the executive branch of the defense
> articles/defense services) listed in the International
>
> Government, including any wholly owned Government cor- Traffic in Arms
> Regulation (22 CFR part 121), published by
>
> poration. the U.S. Department of State.
>
> "Fair market value" means the best estimate of the gross
> "Nonappropriated fund activity" means an activity or
>
> sales proceeds if the property were to be sold in a public sale.
> entity that is not funded by money appropriated from the gen-
>
> "Federal agency" means any executive agency or any eral fund of the
> U.S. Treasury, such as post exchanges, ship
>
> establishment in the legislative or judicial branch of the Gov-
> stores, military officers' clubs, veterans' canteens, and similar
>
> ernment (except the Senate, the House of Representatives, activities.
> Such property is not Federal property.
>
> and the Architect of the Capitol and any activities under his/
> "Personal property" means any property, except real prop-
>
> her direction). erty. For purposes of this part, the term excludes
> records of the
>
> "Flight Safety Critical Aircraft Part (FSCAP)" is any air- Federal
> Government, and naval vessels of the following cat-
>
> craft part, assembly, or installation containing a critical char-
> egories: battleships, cruisers, aircraft carriers, destroyers, and
>
> acteristic whose failure, malfunction, or absence could cause
> submarines.
>
> a catastrophic failure resulting in engine shut-down or loss or
> "Project grant" means a grant made for a specific purpose
>
> serious damage to the aircraft resulting in an unsafe condition. and
> with a specific termination date.
>
> "Foreign excess personal property" is any U.S. owned "Public agency"
> means any State, political subdivision
>
> excess personal property located outside the United States thereof,
> including any unit of local government or economic
>
> (U.S.), the U.S. Virgin Islands, American Samoa, Guam, development
> district; any department, agency, or instrumen-
>
> Puerto Rico, the Federated States of Micronesia, the Marshall tality
> thereof, including instrumentalities created by compact
>
> Islands, Palau, and the Northern Mariana Islands. or other agreement
> between States or political subdivisions;
>
> "Grant" means a type of assistance award and a legal
> multijurisdictional substate districts established by or pursu-
>
> instrument which permits a Federal agency to transfer money, ant to
> State law; or any Indian tribe, band, group, pueblo, or
>
> property, services or other things of value to a grantee when
> community located on a State reservation.
>
> no substantial involvement is anticipated between the agency "Related
> personal property" means any personal property
>
> and the recipient during the performance of the contemplated that is
> an integral part of real property. It is:
>
> activity. (1) Related to, designed for, or specifically adapted to the
>
> GSAXcess® is GSA\'s website for reporting, searching and functional
> capacity of the real property and removal of this
>
> selecting excess personal property. For information on using personal
> property would significantly diminish the economic
>
> GSAXcess®, access http://www.gsaxcess.gov. value of the real property;
> or
>
> 102-36-2
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.50**
>
> \(2\) Determined by the Administrator of General Services (1) Limit
> the quantity acquired to that which is needed
>
> to be related to the real property. to adequately perform the function
> necessary to support the
>
> "Salvage" means property that has value greater than its mission of
> your agency.
>
> basic material content but for which repair or rehabilitation is (2)
> Establish controls over the processing of excess per-
>
> clearly impractical and/or uneconomical. sonal property transfer
> orders.
>
> "Scrap" means property that has no value except for its (3) Facilitate
> the timely pickup of acquired excess per-
>
> basic material content. sonal property from the holding agency.
>
> "Screening period" means the period in which excess and (d) While
> excess personal property you have acquired is in
>
> surplus personal property are made available for excess trans- your
> custody, or the custody of your non-Federal recipients
>
> fer or surplus donation to eligible recipients. and the Government
> retains title, you and/or the non-Federal
>
> "Shelf-life item" is any item that deteriorates over time or recipient
> must do the following:
>
> has unstable characteristics such that a storage period must be (1)
> Establish and maintain a system for property
>
> assigned to assure the item is issued within that period to pro-
> accountability.
>
> vide satisfactory performance. Management of such items is (2) Protect
> the property against hazards including but
>
> governed by part 101-27, subpart 27.2, of this title and by not
> limited to fire, theft, vandalism, and weather.
>
> DOD instructions, for executive agencies and DOD respec- (3) Perform
> the care and handling of personal property.
>
> tively. "Care and handling" includes completing, repairing, convert-
>
> "Surplus personal property (surplus)" means excess per- ing,
> rehabilitating, operating, preserving, protecting, insur-
>
> sonal property no longer required by the Federal agencies as ing,
> packing, storing, handling, conserving, and transporting
>
> determined by GSA. excess and surplus personal property, and
> destroying or ren-
>
> "Surplus release date" means the date when Federal dering innocuous
> property which is dangerous to public
>
> screening has been completed and the excess property health or safety.
>
> becomes surplus. (4) Maintain appropriate inventory levels as set
> forth in
>
> "Transfer with reimbursement" means a transfer of excess part 101-27
> of this title.
>
> personal property between Federal agencies where the recip- (5)
> Continuously monitor the personal property under
>
> ient is required to pay, i.e., reimburse the holding agency, for your
> control to assure maximum use, and develop and main-
>
> the property. tain a system to prevent and detect nonuse, improper
> use,
>
> "Unit cost" means the original acquisition cost of a single
> unauthorized disposal or destruction of personal property.
>
> item of property. (e) When you no longer need personal property to
> carry
>
> "United States" means all the 50 States and the District of out the
> mission of your program, you must:
>
> Columbia. (1) Offer the property for reassignment to other activi-
>
> "Vessels" means ships, boats and craft designed for navi- ties within
> your agency.
>
> gation in and on the water, propelled by oars or paddles, sail, (2)
> Promptly report excess personal property to GSA
>
> or power. when it is no longer needed by any activity within your
> agency for further reuse by eligible recipients.
>
> **Responsibility** (3) Continue the care and handling of excess
> personal property while it goes through the disposal process.
>
> **§102-36.45---What are our responsibilities in the** (4) Facilitate
> the timely transfer of excess personal
>
> **management of excess personal property?** property to other Federal
> agencies or authorized eligible
>
> \(a\) Agency procurement policies should require consider- recipients.
>
> ation of excess personal property before authorizing procure- (5)
> Provide reasonable access to authorized personnel
>
> ment of new personal property. for inspection and removal of excess
> personal property.
>
> \(b\) You are encouraged to designate national and regional (6) Ensure
> that final disposition complies with applica-
>
> property management officials to: ble environmental, health, safety
> and national security regu-
>
> \(1\) Promote the use of available excess personal prop- lations.
>
> erty to the maximum extent practicable by your agency.
>
> \(2\) Review and approve the acquisition and disposal of
> **§102-36.50---May we use a contractor to perform the**
>
> excess personal property. **functions of excess personal property
> disposal?**
>
> \(3\) Ensure that any agency implementing procedures Yes, you may use
> service contracts to perform disposal
>
> comply with this part. functions that are not inherently Governmental,
> such as ware-
>
> \(c\) When acquiring excess personal property, you must: housing or
> custodial duties. You are responsible for ensuring that the contractor
> conforms with the requirements of title 40 of the United States Code
> and the Federal Management Reg-
>
> 102-36-3
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> **§102-36.55** FEDERAL MANAGEMENT REGULATION
>
> ulation (41 CFR chapter 102), and any other applicable stat-
> **§102-36.70---What must we consider when acquiring**
>
> utes and regulations when performing these functions. **excess
> personal property?**
>
> Consider the following when acquiring excess personal
>
> **§102-36.55---What is GSA's role in the disposition of** property:
>
> **excess personal property?** (a) There must be an authorized
> requirement.
>
> In addition to developing and issuing regulations for the (b) The cost
> of acquiring and maintaining the excess per-
>
> management of excess personal property, GSA: sonal property (including
> packing, shipping, pickup, and nec-
>
> \(a\) Screens and offers available excess personal property essary
> repairs) does not exceed the cost of purchasing and
>
> to Federal agencies and eligible non-Federal recipients. maintaining
> new material.
>
> \(b\) Approves and processes transfers of excess personal (c) The
> sources of spare parts or repair/maintenance ser-
>
> property to eligible activities. vices to support the acquired item
> are readily accessible.
>
> \(c\) Determines the amount of reimbursement for transfers (d) The
> supply of excess parts acquired must not exceed
>
> of excess personal property when appropriate. the life expectancy of
> the equipment supported.
>
> \(d\) Conducts sales of surplus and exchange/sale personal (e) The
> excess personal property will fulfill the required
>
> property when requested by an agency. need with reasonable certainty
> without sacrificing mission or
>
> \(e\) Maintains an automated system, GSAXcess®, to facil- schedule.
>
> itate the reporting and transferring of excess personal prop- (f) You
> must not acquire excess personal property with the
>
> erty. intent to sell or trade for other assets.
>
> **Subpart B---Acquiring Excess Personal §102-36.75---Do we pay for
> excess personal property we**
>
> **Property For Our Agency acquire from another Federal agency under a
> transfer?**
>
> \(a\) No, except for the situations listed in paragraph
> [(b)]{.underline} of
>
> **Acquiring Excess** this section, you do not pay for the property.
> However, you are responsible for shipping and transportation costs.
> Where
>
> **§102-36.60---Who is eligible to acquire excess personal**
> applicable, you may also be required to pay packing, loading,
>
> **property as authorized by the Property Act?** and any costs directly
> related to the dismantling of the prop-
>
> The following are eligible to acquire excess personal prop- erty when
> required for the purpose of transporting the prop-
>
> erty: erty.
>
> \(a\) Federal agencies (for their own use or use by their (b) You may
> be required to reimburse the holding agency
>
> authorized contractors, cooperatives, and project grantees). for
> excess personal property transferred to you (i.e., transfer
>
> \(b\) The Senate. with reimbursement) when:
>
> \(c\) The House of Representatives. (1) Reimbursement is directed by
> GSA.
>
> \(d\) The Architect of the Capitol and any activities under (2) The
> property was originally acquired with funds not
>
> his direction. appropriated from the general fund of the Treasury or
> appro-
>
> \(e\) The DC Government. priated therefrom but by law reimbursable
> from assessment,
>
> \(f\) Mixed-ownership Government corporations as defined tax, or other
> revenue and the holding agency requests reim-
>
> in 31 U.S.C. 9101. bursement. It is executive branch policy that
> working capital fund property shall be transferred without
> reimbursement.
>
> **§102-36.65---Why must we use excess personal property** (3) The
> property was acquired with appropriated funds,
>
> **instead of buying new property?** but reimbursement is required or
> authorized by law.
>
> Using excess personal property to the maximum extent (4) You or the
> holding agency is the U.S. Postal Service
>
> practicable maximizes the return on Government dollars (USPS).
>
> spent and minimizes expenditures for new procurement. (5) You are
> acquiring excess personal property for use
>
> Before purchasing new property, check with the appropriate by a
> project grantee that is a public agency or a nonprofit orga-
>
> regional GSA Personal Property Management office or access nization
> and exempt from taxation under 26 U.S.C. 501.
>
> GSAXcess® for any available excess personal property that (6) You or
> the holding agency is the DC Government.
>
> may be suitable for your needs. You must use excess personal (7) You
> or the holding agency is a wholly owned or
>
> property unless it would cause serious hardship, be impracti-
> mixed-ownership Government corporation as defined in the
>
> cal, or impair your operations. Government Corporation Control Act
>
> (31 U.S.C. 9101--9110).
>
> 102-36-4
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.120**
>
> **§102-36.80---How much do we pay for excess personal** screening
> period in coordination with the holding agency. For
>
> **property on a transfer with reimbursement?** screening timeframes
> for Government property in the posses-
>
> \(a\) You may be required to reimburse the holding agency sion of
> contractors see the Federal Acquisition Regulation
>
> the fair market value when the transfer involves any of the (48 CFR
> part 45).
>
> conditions in [§§102-36.75(b)(1)]{.underline} through
> [(b)(4)]{.underline}.
>
> \(b\) When acquiring excess personal property for your
> **§102-36.100---When does the screening period start for**
>
> project grantees ([§102-36.75(b)(5)]{.underline}), you are required to
> **excess personal property?**
>
> deposit into the miscellaneous receipts fund of the U.S. Trea-
> Screening starts when GSA receives the report of excess
>
> sury an amount equal to 25 percent of the original acquisition
> personal property (see [§102-36.230]{.underline}).
>
> cost of the property, except for transfers under the conditions
>
> cited in [§102-36.190]{.underline}. **§102-36.105---Who is authorized
> to screen and where do**
>
> \(c\) When you or the holding agency is the DC Government **we go to
> screen excess personal property on-site?**
>
> or a wholly owned or mixed-ownership Government corpora- You may
> authorize your agency employees, contractors, or
>
> tion ([§102-36.75(b)(6)]{.underline} or [(b)(7)]{.underline}), you are
> required to reim- non-Federal recipients that you sponsor to screen
> excess per-
>
> burse the holding agency using fair value reimbursement. Fair sonal
> property. You may visit Defense Reutilization and Mar-
>
> value reimbursement is 20 percent of the original acquisition keting
> Offices (DRMOs) and DOD contractor facilities to
>
> cost for new or unused property (i.e., condition code 1), and screen
> excess personal property generated by the Department
>
> zero percent for other personal property. Where circum- of Defense.
> You may also inspect excess personal property at
>
> stances warrant, a higher fair value may be used if the agen- various
> civilian agency facilities throughout the United
>
> cies concerned agree. Due to special circumstances or the States.
>
> unusual nature of the property, the holding agency may use
>
> other criteria for establishing fair value if approved or
> **§102-36.110---Do we need authorization to screen excess**
>
> directed by GSA. You must refer any disagreements to the **personal
> property?**
>
> appropriate regional GSA Personal Property Management (a) Yes, when
> entering a Federal facility, Federal agency
>
> office. employees must present a valid Federal ID. Non-Federal indi-
> viduals will need proof of authorization from their sponsoring
>
> **§102-36.85---Do we pay for personal property we acquire** Federal
> agency in addition to a valid picture identification.
>
> **when it is disposed of by another agency under the** (b) Entry on
> some Federal and contractor facilities may
>
> **exchange/sale authority, and how much do we pay?** require special
> authorization from that facility. Persons wish-
>
> Yes, you must pay for personal property disposed of under ing to
> screen excess personal property on such a facility must
>
> the exchange/sale authority, in the amount required by the obtain
> approval from that agency. Contact your regional GSA
>
> holding agency. The amount of reimbursement is normally Personal
> Property Management office for locations and
>
> the fair market value. accessibility.
>
> **Screening of Excess §102-36.115---What information must we include
> in the authorization form for non-Federal persons to screen**
>
> **§102-36.90---How do we find out what personal property excess
> personal property?**
>
> **is available as excess?** (a) For non-Federal persons to screen
> excess personal
>
> You may use the following methods to find out what property, you must
> provide on the authorization form:
>
> excess personal property is available: (1) The individual's name and
> the organization he/she
>
> \(a\) Check GSAXcess®, GSA\'s website for searching and represents;
>
> selecting excess personal property. For information on (2) The period
> of time and location(s) in which screen-
>
> GSAXcess®, access http://www.gsaxcess.gov.. ing will be conducted; and
>
> \(b\) Contact or submit want lists to regional GSA Personal (3) The
> number and completion date of the applicable
>
> Property Management offices. contract, cooperative agreement, or
> grant.
>
> \(c\) Check any available holding agency websites. (b) An authorized
> official of your agency must sign the
>
> \(d\) Conduct on-site screening at various Federal facilities.
> authorization form.
>
> **§102-36.95---How long is excess personal property §102-36.120---What
> are our responsibilities in**
>
> **available for screening? authorizing a non-Federal individual to
> screen excess**
>
> The screening period for excess personal property is nor- **personal
> property?**
>
> mally 21 calendar days. GSA may extend or shorten the You must do the
> following:
>
> 102-36-5
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> **§102-36.125** FEDERAL MANAGEMENT REGULATION
>
> \(a\) Ensure that the non-Federal screener certifies that any
> **§102-36.135---How much time do we have to pick up**
>
> and all property requested will be used for authorized official
> **excess personal property that has been approved for**
>
> purpose(s). **transfer?**
>
> \(b\) Maintain a record of the authorized screeners under When the
> holding agency notifies you that the property is
>
> your authority, to include names, addresses and telephone ready for
> removal, you normally have 15 calendar days to
>
> numbers, and any additional identifying information such as pick up
> the property, unless otherwise coordinated with the
>
> driver's license or social security numbers. holding agency.
>
> \(c\) Retrieve any expired or invalid screener's authoriza-
>
> tion forms. **§102-36.140---May we arrange to have the excess personal
> property shipped to its final destination?**
>
> **Processing Transfers** Yes, when the holding agency agrees to
> provide assistance in preparing the property for shipping. You may be
> required
>
> **§102-36.125---How do we process a Standard Form 122** to pay the
> holding agency any direct costs in preparing the
>
> **(SF 122), Transfer Order Excess Personal Property,** property for
> shipment. You must provide shipping instruc-
>
> **through GSA?** tions and the appropriate fund code for billing
> purposes on the
>
> \(a\) You must first contact the appropriate regional GSA SF 122.
>
> Personal Property Management office to assure the property
>
> is available to you. Submit your request on a SF 122, Transfer
> **Direct Transfers**
>
> Order Excess Personal Property, to the region in which the
>
> property is located. For the types of property listed in the table
> **§102-36.145---May we obtain excess personal property**
>
> in paragraph [(b)]{.underline} of this section, submit the SF 122 to
> the cor- **directly from another Federal agency without GSA**
>
> responding GSA regions. You may submit the SF 122 manu- **approval?**
>
> ally or transmit the required information by electronic media Yes, but
> only under the following situations:
>
> (GSAXcess®) or any other transfer form specified and (a) You may
> obtain excess personal property that has not
>
> approved by GSA. yet been reported to GSA, provided the total
> acquisition cost
>
> \(b\) For the following types of property, you must submit of the
> excess property does not exceed \$10,000 per line item.
>
> the SF 122 to the corresponding GSA regions: You must ensure that a SF
> 122 is completed for the direct
>
> **Type of property GSA region Location** transfer and that an
> authorized official of your agency signs the SF 122. You must provide
> a copy of the SF 122 to the
>
> Aircraft 9 FBP San Francisco, CA 94102 appropriate regional GSA office
> within 10 workdays from the
>
> Firearms 7 FP-8 Denver, CO 80225 date of the transaction.
>
> Foreign Gifts FBP Washington, DC 20406 (b) You may obtain excess
> personal property exceeding the
>
> Forfeited Property 3 FP Washington, DC 20407 \$10,000 per line item
> limitation, provided you first contact the
>
> Standard Forms 7 FMP Ft Worth, TX 76102 appropriate regional GSA
> Personal Property Management
>
> Vessels, civilian 4 FD Atlanta, GA 30365 office for verbal approval of
> a prearranged transfer. You must
>
> Vessels, DOD 3 FPD Philadelphia, PA 19107 annotate the SF 122 with the
> name of the GSA approving offi- cial and the date of the verbal
> approval, and provide a copy of
>
> **§102-36.130---What are our responsibilities in processing** the SF
> 122 to GSA within 10 workdays from the date of trans-
>
> **transfer orders of excess personal property?** action.
>
> Whether the excess is for your use or for use by a non-Fed- (c) You
> are subject to the requirement to pay reimburse-
>
> eral recipient that you sponsor, you must: ment for the excess
> personal property under a direct transfer
>
> \(a\) Ensure that only authorized Federal officials of your when any
> of the conditions in [§102-36.75(b)]{.underline} applies.
>
> agency sign the SF 122 prior to submission to GSA for (d) You may
> obtain excess personal property directly from
>
> approval. another Federal agency without GSA approval when that Fed-
>
> \(b\) Ensure that excess personal property approved for eral agency
> has statutory authority to dispose of such excess
>
> transfer is used for authorized official purpose(s). personal property
> and you are an eligible recipient.
>
> \(c\) Advise GSA of names of agency officials that are authorized to
> approve SF 122s, and notify GSA of any changes in signatory authority.
>
> 102-36-6
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.180**
>
> **Subpart C---Acquiring Excess Personal** or renewed or provide other
> written justification for the trans-
>
> **Property for Non-Federal Recipients** fer.
>
> **§102-36.150---For which non-Federal activities may we
> Nonappropriated Fund Activities**
>
> **acquire excess personal property?**
>
> Under the Property Act you may acquire and furnish **§102-36.165---Do
> we retain title to excess personal**
>
> excess personal property for use by your nonappropriated **property
> furnished to a nonappropriated fund activity**
>
> fund activities, contractors, cooperatives, and project grant-
> **within our agency?**
>
> ees. You may acquire and furnish excess personal property for Yes,
> title to excess personal property furnished to a nonap-
>
> use by other eligible recipients only when you have specific
> propriated fund activity remains with the Federal Govern-
>
> statutory authority to do so. ment and you are accountable for
> establishing controls over the use of such excess property in
> accordance with
>
> **§102-36.155---What are our responsibilities when**
> [§102-36.45(d)]{.underline}. When such property is no longer required
> by
>
> **acquiring excess personal property for use by a** the
> nonappropriated fund activity, you must reuse or dispose
>
> **non-Federal recipient?** of the property in accordance with this
> part.
>
> When acquiring excess personal property for use by a
>
> non-Federal recipient, your authorized agency official must:
> **§102-36.170---May we transfer personal property owned**
>
> \(a\) Ensure the use of excess personal property by the **by one of
> our nonappropriated fund activities?**
>
> non-Federal recipient is authorized and complies with appli- Property
> purchased by a nonappropriated fund activity is
>
> cable Federal regulations and agency guidelines. not Federal property.
> A nonappropriated fund activity has the
>
> \(b\) Determine that the use of excess personal property will option
> of making its privately owned personal property avail-
>
> reduce the costs to the Government and/or that it is in the able for
> transfer to a Federal agency, usually with reimburse-
>
> Government's best interest to furnish excess personal prop- ment. If
> such reimbursable personal property is not
>
> erty. transferred to another Federal agency, it may be offered for
>
> \(c\) Review and approve transfer documents for excess per- sale. Such
> property is not available for donation.
>
> sonal property as the sponsoring Federal agency.
>
> \(d\) Ensure the non-Federal recipient is aware of his obli-
> **Contractors**
>
> gations under the FMR and your agency regulations regarding
>
> the management of excess personal property. **§102-36.175---Are there
> restrictions to acquiring excess**
>
> \(e\) Ensure the non-Federal recipient does not stockpile the
> **personal property for use by our contractors?**
>
> property but places the property into use within a reasonable Yes, you
> may acquire and furnish excess personal property
>
> period of time, and has a system to prevent nonuse, improper for use
> by your contractors subject to the criteria and restric-
>
> use, or unauthorized disposal or destruction of excess per- tions in
> the Federal Acquisition Regulation (48 CFR part 45).
>
> sonal property furnished. When such property is no longer needed by
> your contractors
>
> \(f\) Establish provisions and procedures for property or your agency,
> you must dispose of the excess personal prop-
>
> accountability and disposition in situations when the Govern- erty in
> accordance with the provisions of this part.
>
> ment retains title.
>
> \(g\) Report annually to GSA excess personal property fur-
> **Cooperatives**
>
> nished to non-Federal recipients during the year (see
>
> [§102-36.295]{.underline}). **§102-36.180---Is there any
> limitation/condition to acquiring excess personal property for use
> by**
>
> **§102-36.160---What additional information must we cooperatives?**
>
> **provide on the SF 122 when acquiring excess personal** Yes, you must
> limit the total dollar amount of property
>
> **property for non-Federal recipients?** transfers (in terms of
> original acquisition cost) to the dollar
>
> Annotate on the SF 122, the name of the non-Federal value of the
> cooperative agreement. For any transfers in
>
> recipient and the contract, grant or agreement number, when excess of
> such amount, you must ensure that an official of
>
> applicable, and the scheduled completion/expiration date of your
> agency at a level higher than the officer administering
>
> the contract, grant or agreement. If the remaining time prior the
> agreement approves the transfer. The Federal Government
>
> to the expiration date is less than 60 calendar days, you must retains
> title to such property, except when provided by spe-
>
> certify that the contract, grant or agreement will be extended cific
> statutory authority.
>
> (Amendment 2006-06) 102-36-7
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> **§102-36.185** FEDERAL MANAGEMENT REGULATION
>
> **Project Grantees** is a component of or related to a piece of
> scientific equipment or is a difficult-to-acquire item needed for
> scientific research.
>
> **§102-36.185---What are the requirements for acquiring** Regardless
> of FSC, GSA will not approve transfers of com-
>
> **excess personal property for use by our grantees?** mon-use or
> general-purpose items without reimbursement.
>
> You may furnish excess personal property for use by your Title to such
> property transfers to the grantee.
>
> grantees only when: (f) The property is furnished in connection with
> grants to
>
> \(a\) The grantee holds a Federally sponsored project grant; Indian
> tribes, as defined in section 3(c) of the Indian Financ-
>
> \(b\) The grantee is a public agency or a nonprofit ing Act (24 U.S.C.
> 1452(c)). Title passage is determined
>
> tax-exempt organization under section 501 of the Internal under the
> authorities of the administering agency.
>
> Revenue Code of 1986 (26 U.S.C. 501);
>
> \(c\) The property is for use in connection with the grant;
> **§102-36.195---What type of excess personal property may**
>
> and **we furnish to our project grantees?**
>
> \(d\) You pay 25 percent of the original acquisition cost of You may
> furnish to your project grantees any property,
>
> the excess personal property, such funds to be deposited into except
> for consumable items, determined to be necessary and
>
> the miscellaneous receipts fund of the U.S. Treasury. Excep- usable
> for the purpose of the grant. Consumable items are
>
> tions to paying this 25 percent are provided in
> [§102-36.190]{.underline}. generally not transferable to project
> grantees. GSA may
>
> Title to property vests in the grantee when your agency pays approve
> transfers of excess consumable items when adequate
>
> 25 percent of the original acquisition cost. justification for the
> transfer accompanies such requests. For the purpose of this section
> "consumable items" are items
>
> **§102-36.190---Must we always pay 25 percent of the** which are
> intended for one-time use and are actually con-
>
> **original acquisition cost when furnishing excess** sumed in that one
> time; e.g., drugs, medicines, surgical dress-
>
> **personal property to project grantees?** ings, cleaning and
> preserving materials, and fuels.
>
> No, you may acquire excess personal property for use by
>
> a project grantee without paying the 25 percent fee when any
> **§102-36.200---May we acquire excess personal property**
>
> of the following conditions apply: **for cannibalization purposes by
> the grantees?**
>
> \(a\) The personal property was originally acquired from Yes, subject
> to GSA approval, you may acquire excess per-
>
> excess sources by your agency and has been placed into offi- sonal
> property for cannibalization purposes. You may be
>
> cial use by your agency for at least one year. The Federal Gov-
> required to provide a supporting statement that indicates dis-
>
> ernment retains title to such property. assembly of the item for
> secondary use has greater benefit
>
> \(b\) The property is furnished under section 203 of the than
> utilization of the item in its existing form and cost sav-
>
> Department of Agriculture Organic Act of 1944 ings to the Government
> will result.
>
> (16 U.S.C. 580a) through the U.S. Forest Service in connec-
>
> tion with cooperative State forest fire control programs. The
> **§102-36.205---Is there a limit to how much excess personal**
>
> Federal Government retains title to such property. **property we may
> furnish to our grantees?**
>
> \(c\) The property is furnished by the U.S. Department of Yes, you
> must monitor transfers of excess personal prop-
>
> Agriculture to State or county extension services or agricul- erty so
> the total dollar amount of property transferred (in orig-
>
> tural research cooperatives under 40 U.S.C. 483(d)(2)(E). inal
> acquisition cost) does not exceed the dollar value of the
>
> The Federal Government retains title to such property. grant. Any
> transfers above the grant amount must be
>
> \(d\) The property is not needed for donation under part approved by
> an official at an administrative level higher than
>
> 102-37 of this chapter, and is transferred under section 608 of the
> officer administering the grant.
>
> the Foreign Assistance Act of 1961, as amended
>
> (22 U.S.C. 2358). Title to such property transfers to the **Subpart
> D---Disposition of Excess Personal**
>
> grantee. (You need not wait until after the donation screening
> **Property**
>
> period when furnishing excess personal property to recipients
>
> under the Agency for International Development (AID)
> **§102-36.210---Why must we report excess personal**
>
> Development Loan Program.) **property to GSA?**
>
> \(e\) The property is scientific equipment transferred under You must
> report excess personal property to promote reuse
>
> section 11(e) of the National Science Foundation (NSF) Act by the
> Government to enable Federal agencies to benefit from
>
> of 1950, as amended (42 U.S.C. 1870(e)). GSA will limit the continued
> use of property already paid for with taxpayers'
>
> such transfers to property within Federal Supply Classifica- money,
> thus minimizing new procurement costs. Reporting
>
> tion (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and excess
> personal property to GSA helps assure that the infor-
>
> 70\. GSA may approve transfers without reimbursement for mation on
> available excess personal property is accessible
>
> property under other FSC groups when NSF certifies the item and
> disseminated to the widest range of reuse customers.
>
> 102-36-8
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.240**
>
> **Reporting Excess Personal Property** (b) For paper submissions, you
> must send the SF 120 to the regional GSA Personal Property Management
> office for the
>
> **§102-36.215---How do we report excess personal** region in which the
> property is located. For the categories of
>
> **property?** property listed in [§102-36.125(b)]{.underline}, forward
> the SF 120 to the
>
> Report excess personal property as follows: corresponding regions.
>
> \(a\) Electronically submit the data elements required on the
>
> Standard Form 120 (SF 120), Report of Excess Personal
> **§102-36.235---What information do we provide when**
>
> Property, in a format specified and approved by GSA; or **reporting
> excess personal property?**
>
> \(b\) Submit a paper SF 120 to the regional GSA Personal (a) You must
> provide the following data on excess per-
>
> Property Management office. sonal property:
>
> \(1\) The reporting agency and the property location.
>
> **§102-36.220---Must we report all excess personal** (2) A report
> number (6-digit activity address code and
>
> **property to GSA?** 4-digit Julian date).
>
> \(a\) Generally yes, regardless of the condition code, except (3)
> 4-digit Federal Supply Class (use National Stock
>
> as authorized in [§102-36.145]{.underline} for direct transfers or as
> Number whenever available).
>
> exempted in paragraph [(b)]{.underline} of this section. Report all
> excess (4) Description of item, in sufficient detail.
>
> personal property, including excess personal property to (5) Quantity
> and unit of issue.
>
> which the Government holds title but is in the custody of your (6)
> Disposal Condition Code (see [§102-36.240]{.underline}).
>
> contractors, cooperatives, or project grantees. (7) Original
> acquisition cost per unit and total cost (use
>
> \(b\) You are not required to report the following types of estimate
> if original cost not available).
>
> excess personal property to GSA for screening: (8) Manufacturer, date
> of manufacture, part and serial
>
> \(1\) Property determined appropriate for abandonment/ number, when
> required by GSA.
>
> destruction (see [§102-36.305]{.underline}). (b) In addition, provide
> the following information on your
>
> \(2\) Nonappropriated fund property (see [§102-36.165]{.underline}).
> report of excess, when applicable:
>
> \(3\) Foreign excess personal property (see (1) Major parts/components
> that are missing.
>
> [§102-36.380]{.underline}). (2) If repairs are needed, the type of
> repairs.
>
> \(4\) Scrap, except aircraft in scrap condition. (3) Special
> requirements for handling, storage, or trans-
>
> \(5\) Perishables, defined for the purposes of this section portation.
>
> as any personal property subject to spoilage or decay. (4) The
> required date of removal due to moving or
>
> \(6\) Trading stamps and bonus goods. space restrictions.
>
> \(7\) Hazardous waste. (5) If reimbursement is required, the authority
> under
>
> \(8\) Controlled substances. which the reimbursement is requested, the
> amount of reim-
>
> \(9\) Nuclear Regulatory Commission-controlled materi- bursement and
> the appropriate fund code to which money is
>
> als. to be deposited.
>
> \(10\) Property dangerous to public health and safety. (6) If you will
> conduct the sale of personal property that
>
> \(11\) Classified items or property determined to be sen- is not
> transferred or donated.
>
> sitive for reasons of national security.
>
> \(c\) Refer to part 101-42 of this title for additional guidance
> **§102-36.240---What are the disposal condition codes?**
>
> on the disposition of classes of property under The disposal condition
> codes are contained in the follow-
>
> paragraphs [(b)(7)]{.underline} through [(b)(11)]{.underline} of this
> section. ing table:
>
> **Disposal**
>
> **§102-36.225---Must we report excess related personal condition code
> Definition**
>
> **property?** 1 New. Property which is in new condition or unused
>
> Yes, you must report excess related personal property to condition and
> can be used immediately without
>
> the Office of Real Property, GSA, in accordance with modifications or
> repairs.
>
> part 102-75 of this chapter. 4 Usable. Property which shows some wear,
> but can be used without significant repair.
>
> **§102-36.230---Where do we send the reports of excess personal
> property?**
>
> \(a\) You must direct electronic submissions of excess per- sonal
> property to GSAXcess® maintained by the Property Management Division
> (FBP), GSA, Washington, DC 20406.
>
> 102-36-9
>
> **§102-36.245** FEDERAL MANAGEMENT REGULATION
>
> **Disposal** (c) Advise the designated recipient of any special
> require-
>
> **condition code Definition** ments for dismantling,
> shipping/transportation.
>
> 7 Repairable. Property which is unusable in its (d) When the excess
> personal property is located at a facil-
>
> current condition but can be economically ity due to be closed,
> provide advance notice of the scheduled
>
> repaired. date of closing, and ensure there is sufficient time for
> screen-
>
> X Salvage. Property which has value in excess of its ing and removal
> of property.
>
> basic material content, but repair or rehabilitation is impractical
> and/or uneconomical.
>
> **§102-36.265---What if there are competing requests for**
>
> S Scrap. Property which has no value except for its **the same excess
> personal property?**
>
> basic material content.
>
> \(a\) GSA will generally approve transfers on a first-come,
>
> **Disposing of Excess Personal Property** first-served basis. When
> more than one Federal agency requests the same item, and the quantity
> available is not suf-
>
> **§102-36.245---Are we accountable for the personal** ficient to meet
> the demand of all interested agencies, GSA
>
> **property that has been reported excess, and who is** will consider
> factors such as national defense requirements,
>
> **responsible for the care and handling costs?** emergency needs,
> avoiding the necessity of a new procure-
>
> Yes, you are accountable for the excess personal property ment, energy
> conservation, transportation costs, and retention
>
> until the time it is picked up by the designated recipient or its of
> title in the Government. GSA will normally give prefer-
>
> agent. You are responsible for all care and handling charges ence to
> the agency that will retain title in the Government.
>
> while the excess personal property is going through the (b) Requests
> for property for the purpose of cannibaliza-
>
> screening and disposal process. tion will normally be subordinate to
> requests for use of the property in its existing form.
>
> **§102-36.250---Does GSA ever take physical custody of**
>
> **excess personal property? §102-36.270---What if a Federal agency
> requests personal**
>
> Generally you retain physical custody of the excess per- **property
> that is undergoing donation screening or in**
>
> sonal property prior to its final disposition. Very rarely GSA **the
> sales process?**
>
> may consider accepting physical custody of excess personal Prior to
> final disposition, GSA will consider requests from
>
> property. Under special circumstances, GSA may take cus- authorized
> Federal activities for excess personal property
>
> tody or may direct the transfer of partial or total custody to
> undergoing donation screening or in the sales process. Federal
>
> other executive agencies, with their consent. transfers may be
> authorized prior to removal of the property under a donation or sales
> action.
>
> **§102-36.255---What options do we have when unusual**
>
> **circumstances do not allow adequate time for disposal
> §102-36.275---May we dispose of excess personal property**
>
> **through GSA? without GSA approval?**
>
> Contact your regional GSA Personal Property Manage- No, you may not
> dispose of excess personal property with-
>
> ment office for any existing interagency agreements that out GSA
> approval except under the following limited situa-
>
> would allow you to turn in excess personal property to a Fed- tions:
>
> eral facility. You are responsible for any turn-in costs and all (a)
> You may transfer to another Federal agency excess per-
>
> costs related to transporting the excess personal property to sonal
> property that has not yet been reported to GSA, under
>
> these facilities. direct transfer procedures contained in
> [§102-36.145]{.underline}.
>
> \(b\) You may dispose of excess personal property that is not
>
> **§102-36.260---How do we promote the expeditious** required to be
> reported to GSA (see [§102-36.220(b)]{.underline}).
>
> **transfer of excess personal property?** (c) You may dispose of
> excess personal property without
>
> For expeditious transfer of excess personal property you going through
> GSA when such disposal is authorized by law.
>
> should:
>
> \(a\) Provide complete and accurate property descriptions
> **§102-36.280---May we withdraw from the disposal**
>
> and condition codes on the report of excess to facilitate the
> **process excess personal property that we have reported**
>
> selection of usable property by potential users. **to GSA?**
>
> \(b\) Ensure that any available operating manual, parts list, Yes, you
> may withdraw excess personal property from the
>
> diagram, maintenance log, or other instructional publication disposal
> process, but only with the approval of GSA and to
>
> is made available with the property at the time of transfer. satisfy
> an internal agency requirement. Property that has been approved for
> transfer or donation or offered for sale by GSA may be returned to
> your control with proper justification.
>
> 102-36-10 (Amendment 2006-06)
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.315**
>
> **Transfers With Reimbursement Report of Disposal Activity**
>
> **§102-36.285---May we charge for personal property §102-36.295---Is
> there any reporting requirement on the**
>
> **transferred to another Federal agency? disposition of excess
> personal property?**
>
> \(a\) When any one of the following conditions applies, you Yes, you
> must report annually to GSA personal property
>
> may require and retain reimbursement for the excess personal furnished
> in any manner in that year to any non-Federal recip-
>
> property from the recipient: ients, with respect to property obtained
> as excess or as prop-
>
> \(1\) Your agency has the statutory authority to require erty
> determined to be no longer required for the purposes of
>
> and retain reimbursement for the property. the appropriation from
> which it was purchased.
>
> \(2\) You are transferring the property under the
>
> exchange/sale authority. **§102-36.300---How do we report the
> furnishing of**
>
> \(3\) You had originally acquired the property with funds **personal
> property to non-Federal recipients?**
>
> not appropriated from the general fund of the Treasury or (a) Submit
> your annual report of personal property fur-
>
> appropriated therefrom but by law reimbursable from assess- nished to
> non-Federal recipients, in letter form, to GSA,
>
> ment, tax, or other revenue. It is current executive branch pol-
> Office of Travel, Transportation, and Asset Management
>
> icy that working capital fund property shall be transferred (MT), 1800
> F Street, NW, Washington, DC 20405, within
>
> without reimbursement. 90 calendar days after the close of each fiscal
> year. The report
>
> \(4\) You or the recipient is the U.S. Postal Service. must cover
> personal property disposed during the fiscal year
>
> \(5\) You or the recipient is the DC Government. in all areas within
> the United States, the U.S. Virgin Islands,
>
> \(6\) You or the recipient is a wholly owned or American Samoa, Guam,
> Puerto Rico, the Federated States of
>
> mixed-ownership Government corporation. Micronesia, the Marshall
> Islands, Palau, and the Northern
>
> \(b\) You may charge for direct costs you incurred incident Mariana
> Islands. Negative reports are required.
>
> to the transfer, such as packing, loading and shipping of the (b) The
> report (interagency report control number
>
> property. The recipient is responsible for such charges unless
> 0154-GSA-AN) must reference this part and contain the fol-
>
> you waive the amount involved. lowing:
>
> \(c\) You may not charge for overhead or administrative (1) Names of
> the non-Federal recipients.
>
> expenses or the costs for care and handling of the property (2) Status
> of the recipients (contractor, cooperative,
>
> pending disposition. project grantee, etc.).
>
> \(3\) Total original acquisition cost of excess personal
>
> **§102-36.290---How much do we charge for excess** property furnished
> to each type of recipient, by type of prop-
>
> **personal property on a transfer with reimbursement?** erty
> (two-digit FSC groups).
>
> \(a\) You may require reimbursement in an amount up to the
>
> fair market value of the property when the transfer involves
> **Abandonment/Destruction**
>
> property meeting conditions in [§§102-36.285(a)(1)]{.underline}
> through
>
> [(a)(4)]{.underline}. **§102-36.305---May we abandon or destroy
> excess**
>
> \(b\) When you or the recipient is the DC Government or a **personal
> property without reporting it to GSA?**
>
> wholly owned or mixed-ownership Government corporation Yes, you may
> abandon or destroy excess personal property
>
> ([§§102-36.285(a)(5)]{.underline} and [(a)(6)]{.underline}), you may
> only require fair when you have made a written determination that the
> property
>
> value reimbursement. Fair value reimbursement is 20 percent has no
> commercial value or the estimated cost of its continued
>
> of the original acquisition cost for new or unused property care and
> handling would exceed the estimated proceeds from
>
> (i.e., condition code 1), and zero percent for other personal its
> sale. An item has no commercial value when it has neither
>
> property. A higher fair value may be used if you and the recip-
> utility nor monetary value (either as an item or as scrap).
>
> ient agency agree. Due to special circumstances or the nature
>
> of the property, you may use other criteria for establishing fair
> **§102-36.310---Who makes the determination to abandon**
>
> value if approved or directed by GSA. You must refer any dis- **or
> destroy excess personal property?**
>
> agreements to the appropriate regional GSA Personal Prop- To abandon
> or destroy excess personal property, an autho-
>
> erty Management office. rized official of your agency makes a written
> finding that must be approved by a reviewing official who is not
> directly accountable for the property.
>
> **§102-36.315---Are there any restrictions to the use of the
> abandonment/ destruction authority?**
>
> Yes, the following restrictions apply:
>
> 102-36-11
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> **§102-36.320** FEDERAL MANAGEMENT REGULATION
>
> \(a\) You must not abandon or destroy property in a manner **Subpart
> E---Personal Property Whose**
>
> which is detrimental or dangerous to public health or safety.
> **Disposal Requires Special Handling**
>
> Additional guidelines for the abandonment/destruction of
>
> hazardous materials are prescribed in part 101-42 of this title.
> **§102-36.335---Are there certain types of excess personal**
>
> \(b\) If you become aware of an interest from an entity in **property
> that must be disposed of differently from**
>
> purchasing the property, you must implement sales proce- **normal
> disposal procedures?**
>
> dures in lieu of abandonment/destruction. Yes, you must comply with
> the additional provisions in this subpart when disposing of the types
> of personal property
>
> **§102-36.320---May we transfer or donate excess personal** listed in
> this subpart.
>
> **property that has been determined appropriate for**
>
> **abandonment/ destruction without GSA approval? Aircraft and Aircraft
> Parts**
>
> In lieu of abandonment/destruction, you may donate such
>
> excess personal property only to a public body without going
> **§102-36.340---What must we do when disposing of excess**
>
> through GSA. A public body is any department, agency, spe-
> **aircraft?**
>
> cial purpose district, or other instrumentality of a State or (a) You
> must report to GSA all excess aircraft, regardless
>
> local government; any Indian tribe; or any agency of the Fed- of
> condition or dollar value, and provide the following infor-
>
> eral Government. If you become aware of an interest from an mation on
> the SF 120:
>
> eligible non-profit organization (see part 102-37 of this chap- (1)
> Manufacturer, date of manufacture, model, serial
>
> ter) that is not a public body in acquiring the property, you number.
>
> must contact the regional GSA Personal Property Manage- (2) Major
> components missing from the aircraft (such
>
> ment office and implement donation procedures in accor- as engines,
> electronics).
>
> dance with part 102-37 of this chapter (3) Whether or not the:
>
> \(i\) Aircraft is operational;
>
> **§102-36.325---What must be done before the** (ii) Dataplate is
> available;
>
> **abandonment/ destruction of excess personal** (iii) Historical and
> maintenance records are avail-
>
> **property?** able;
>
> Except as provided in [§102-36.330]{.underline}, you must provide pub-
> (iv) Aircraft has been previously certificated by the
>
> lic notice of intent to abandon or destroy excess personal Federal
> Aviation Administration (FAA) and/or has been
>
> property, in a format and timeframe specified by your agency
> maintained to FAA airworthiness standards;
>
> regulations (such as publishing a notice in a local newspaper, (v)
> Aircraft was previously used for non-flight pur-
>
> posting of signs in common use facilities available to the pub- poses
> (i.e., ground training or static display), and has been
>
> lic, or providing bulletins on your website through the inter-
> subjected to extensive disassembly and re-assembly proce-
>
> net). You must also include in the notice an offer to sell in dures
> for ground training, or repeated burning for fire-fighting
>
> accordance with part 101-38 of this chapter. training purposes.
>
> \(4\) For military aircraft, indicate Category A, B, or C as
>
> **§102-36.330---Are there occasions when public notice is** designated
> by the Department of Defense (DOD), as follows:
>
> **not needed regarding abandonment/ destruction of**
>
> **excess personal property? Category of**
>
> Yes, you are not required to provide public notice when: **Aircraft
> Description**
>
> \(a\) The value of the property is so little or the cost of its A
> Aircraft authorized for sale and exchange for
>
> care and handling, pending abandonment/destruction, is so commercial
> use.
>
> great that its retention for advertising for sale, even as scrap, B
> Aircraft previously used for ground instruction and/
>
> or static display.
>
> is clearly not economical;
>
> \(b\) Abandonment or destruction is required because of C Aircraft
> that are combat configured as determined by
>
> DOD.
>
> health, safety, or security reasons; or
>
> \(c\) When the original acquisition cost of the item (esti- **Note to
> [§102-36.340(a)(4)]{.underline}:** For additional information on mili-
>
> mated if unknown) is less than \$500. tary aircraft see Defense
> Materiel Disposition Manual, DOD
>
> 4160.21-M, accessible at *http://www.drms.dla.mil* under Publica-
> tions.
>
> \(b\) When the designated transfer or donation recipient's intended
> use is for non-flight purposes, you must remove and return the data
> plate to GSA Property Management Branch
>
> 102-36-12
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.375**
>
> (9FBP), San Francisco, CA 94102-3434, prior to releasing torical data
> and maintenance records accompany the part on
>
> the aircraft to the authorized recipient. GSA will forward the any
> transfers, donations or sales. For additional information
>
> dataplates to FAA. regarding the disposal of life-limited parts with
> or without
>
> \(c\) You must also submit a report of the final disposition of tags
> or documentation refer to part 102-33 of this chapter.
>
> the aircraft to the Federal Aviation Interactive Reporting Sys-
>
> tem (FAIRS) maintained by the Office of Travel, Transporta- **Canines,
> Law Enforcement**
>
> tion, and Asset Management (MT), GSA, 1800 F Street, NW,
>
> Washington, DC 20405. For additional instructions on report-
> **§102-36.365---May we transfer or donate canines that**
>
> ing to FAIRS see part 102-33 of this chapter. **have been used in the
> performance of law enforcement duties?**
>
> **§102-36.345---May we dispose of excess Flight Safety** Yes, under 40
> U.S.C. 555, when the canine is no longer
>
> **Critical Aircraft Parts (FSCAP)?** needed for law enforcement
> duties, you may donate the
>
> Yes, you may dispose of excess FSCAP, but first you must canine to an
> individual who has experience handling canines
>
> determine whether the documentation available is adequate to in the
> performance of those official duties.
>
> allow transfer, donation, or sale of the part in accordance with
>
> part 102-33, of this chapter. Otherwise, you must mutilate **Disaster
> Relief Property**
>
> undocumented FSCAP that has no traceability to its original
>
> equipment manufacturer and dispose of it as scrap. When
> **§102-36.370---Are there special requirements concerning**
>
> reporting excess FSCAP, annotate the manufacturer, date of **the use
> of excess personal property for disaster relief?**
>
> manufacture, part number, serial number, and the appropriate Yes, upon
> declaration by the President of an emergency or
>
> Criticality Code on the SF 120, and ensure that all available a major
> disaster, you may loan excess personal property to
>
> historical and maintenance records accompany the part at the State and
> local governments, with or without compensation
>
> time of issue. and prior to reporting it as excess to GSA, to
> alleviate suffer- ing and damage resulting from any emergency or major
> disas-
>
> **§102-36.350---How do we identify a FSCAP?** ter Robert T. Stafford
> Disaster Relief and Emergency
>
> Any aircraft part designated as FSCAP is assigned an Assistance Act
> (42 U.S.C. 5121-5206) and Executive Order
>
> alpha Criticality Code, and the code is annotated on the orig- 12148
> (3 CFR, 1979 Comp., p. 412), as amended). If the loan
>
> inal transfer document when you acquire the part. You must involves
> property that has already been reported excess to
>
> perpetuate the appropriate FSCAP Criticality Code on all per- GSA, you
> may withdraw the item from the disposal process
>
> sonal property records. You may contact the Federal agency subject to
> approval by GSA. You may also withdraw excess
>
> or Military service that originally owned the part for assis- personal
> property for use by your agency in providing assis-
>
> tance in making this determination, or query DOD's Federal tance in
> disaster relief. You are still accountable for this prop-
>
> Logistics Information System (FLIS) using the National erty and your
> agency is responsible for developing
>
> Stock Number (NSN) for the part. For assistance in subscrib-
> agencywide procedures for recovery of such property.
>
> ing to the FLIS service contact the FedLog Consumer Support
>
> Office, 800--351--4381. **Firearms**
>
> **§102-36.355---What are the FSCAP Criticality Codes?
> §102-36.375---May we dispose of excess firearms?**
>
> The FSCAP Criticality Codes are contained in the follow- Yes, unless
> you have specific statutory authority to do oth-
>
> ing table: erwise, excess firearms may be transferred only to those
> Fed-
>
> **FSCAP Code Description** eral agencies authorized to acquire
> firearms for official use. GSA may donate certain classes of surplus
> firearms to State
>
> E FSCAP specially designed to be or selected as and local government
> activities whose primary function is the
>
> being nuclear hardened.
>
> F Flight Safety Critical Aircraft Part. enforcement of applicable
> Federal, State, and/or local laws and whose compensated law
> enforcement officers have the authority to apprehend and arrest.
> Firearms not transferred or
>
> **§102-36.360---How do we dispose of aircraft parts that are** donated
> must be destroyed and sold as scrap. For additional
>
> **life-limited but have no FSCAP designation?** guidance on the
> disposition of firearms refer to part 101-42 of
>
> When disposing of life-limited aircraft parts that have no this title.
>
> FSCAP designation, you must ensure that tags and labels, his-
>
> 102-36-13
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> **§102-36.380** FEDERAL MANAGEMENT REGULATION
>
> **Foreign Excess Personal Property §102-36.400---Who pays for the
> transportation costs when foreign excess personal property is returned
> to the**
>
> **§102-36.380---Who is responsible for disposing of foreign United
> States?**
>
> **excess personal property?** When foreign excess property is to be
> returned to the U.S.
>
> Your agency is responsible for disposing of your foreign for the
> purpose of an approved transfer or donation under the
>
> excess personal property, as provided by chapter 7 of title 40
> provisions of 40 U.S.C. 521-529, 549, and 551, the Federal
>
> of the United States Code. agency, State agency, or donee receiving
> the property is responsible for all direct costs involved in the
> transfer, which
>
> **§102-36.385---What are our responsibilities in the** include
> packing, handling, crating, and transportation.
>
> **disposal of foreign excess personal property?**
>
> When disposing of foreign excess personal property you **Gifts**
>
> must:
>
> \(a\) Determine whether it is in the interest of the U.S. Gov-
> **§102-36.405---May we keep gifts given to us from the**
>
> ernment to return foreign excess personal property to the U.S.
> **public?**
>
> for further re-use or to dispose of the property overseas. If your
> agency has gift retention authority, you may retain
>
> \(b\) Ensure that any disposal of property overseas conforms gifts
> from the public. Otherwise, you must report gifts you
>
> to the foreign policy of the United States and the terms and receive
> on a SF 120 to GSA. You must report gifts received
>
> conditions of any applicable Host Nation Agreement. from a foreign
> government in accordance with part 102-42 of
>
> \(c\) Ensure that, when foreign excess personal property is this
> chapter.
>
> donated or sold overseas, donation/sales conditions include a
>
> requirement for compliance with U.S. Department of Com-
> **§102-36.410---How do we dispose of a gift in the form of**
>
> merce and Department of Agriculture regulations when trans- **money or
> intangible personal property?**
>
> porting any personal property back to the U.S. Report intangible
> personal property to GSA, Personal
>
> \(d\) Inform the U.S. State Department of any disposal of Property
> Management Division (FBP), Washington, D.C.
>
> property to any foreign governments or entities. 20406. You must not
> transfer or dispose of this property with- out prior approval of GSA.
> The Secretary of the Treasury will
>
> **§102-36.390---How may we dispose of foreign excess** dispose of
> money and negotiable instruments such as bonds,
>
> **personal property?** notes, or other securities under the authority
> of
>
> To dispose of foreign excess personal property, you may: 31 U.S.C.
> 324.
>
> \(a\) Offer the property for re-use by U.S. Federal agencies
>
> overseas; **§102-36.415---How do we dispose of gifts other than**
>
> \(b\) Return the property to the U.S. for re-use by eligible
> **intangible personal property?**
>
> recipients; (a) When the gift is offered with the condition that the
>
> \(c\) Sell, exchange, lease, or transfer such property for property be
> sold and the proceeds used to reduce the public
>
> cash, credit, or other property; debt, report the gift to the regional
> GSA Personal Property
>
> \(d\) Donate medical materials or supplies to nonprofit med-
> Management office in which the property is located. GSA will
>
> ical or health organizations, including those qualified under convert
> the gift to money upon acceptance and deposit the
>
> section 214(b) and 607 of the Foreign Assistance Act of 1961, proceeds
> into a special account of the U.S. Treasury.
>
> as amended (22 U.S.C. 2174, 2357); or (b) When the gift is offered
> with no conditions or restric-
>
> \(e\) Abandon, destroy or donate such property when you tions, and
> your agency has gift retention authority, you may
>
> determine that it has no commercial value or the estimated use the
> gift for an authorized official purpose without report-
>
> cost of care and handling would exceed the estimated pro- ing to GSA.
> The property will then lose its identity as a gift
>
> ceeds from its sale, in accordance with 40 U.S.C. 527. Aban- and you
> must account for it in the same manner as Federal
>
> donment, destruction or donation actions must also comply personal
> property acquired from authorized sources. When
>
> with the laws of the country in which the property is located. the
> property is no longer needed, you must report it as excess personal
> property to GSA.
>
> **§102-36.395---How may GSA assist us in disposing of** (c) When the
> gift is offered with no conditions or restric-
>
> **foreign excess personal property?** tions, but your agency does not
> have gift retention authority,
>
> You may request GSA's assistance in the screening of for- you must
> report it to the regional GSA Personal Property
>
> eign excess personal property for possible re-use by eligible
> Management office. GSA will offer the property for screening
>
> recipients within the U.S. GSA may, after consultation with for
> possible transfer to a Federal agency or convert the gift to
>
> you, designate property for return to the United States for money and
> deposit the funds with U.S. Treasury. If your
>
> transfer or donation purposes. agency is interested in keeping the
> gift for an official purpose,
>
> 102-36-14
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> PART 102-36---DISPOSITION OF EXCESS PERSONAL PROPERTY **§102-36.460**
>
> you must annotate your interest on the SF 120 and also submit
> materials, and supplies to the Public Printer, Government
>
> a SF 122. Printing Office (GPO), Customer Service Manager, 732
>
> North Capitol Street, NW, Washington, DC 20401. If GPO
>
> **§102-36.420---How do we dispose of gifts from foreign** has no
> requirement for the property, you must then submit the
>
> **governments or entities?** report to GSA.
>
> Report foreign gifts on a SF 120 to GSA, Property Man-
>
> agement Division (FBP), Washington, DC 20406, for possi- **Red Cross
> Property**
>
> ble transfer, donation or sale in accordance with the
>
> provisions of part 102-42 of this chapter. **§102-36.445---Do we
> report excess personal property originally acquired from or through
> the American**
>
> **Hazardous Personal Property National Red Cross?**
>
> Yes, when reporting excess personal property which was
>
> **§102-36.425---May we dispose of excess hazardous** processed,
> produced, or donated by the American National
>
> **personal property?** Red Cross, note "RED CROSS PROPERTY" on the SF
> 120
>
> Yes, but only in accordance with part 101-42 of this title. or report
> document. GSA will offer to return this property to
>
> When reporting excess hazardous property to GSA, certify on the Red
> Cross if no other Federal agency has a need for it. If
>
> the SF 120 that the property has been packaged and labeled as the Red
> Cross has no requirement the property continues in
>
> required. Annotate any special requirements for handling, the disposal
> process and is available for donation.
>
> storage, or use, and provide a description of the actual or
>
> potential hazard. **Shelf-Life Items**
>
> **Munitions List Items/Commerce Control List Items §102-36.450---Do we
> report excess shelf-life items?**
>
> **(MLIs/CCLIs)** (a) When there are quantities on hand that would not
> be utilized by the expiration date and cannot be returned to the
>
> **§102-36.430---May we dispose of excess Munitions List** vendor for
> credit, you must report such expected overage as
>
> **Items (MLIs)/Commerce Control List Items (CCLIs)?** excess for
> possible transfer and disposal to ensure maximum
>
> You may dispose of excess MLIs/CCLIs only when you use prior to
> deterioration.
>
> comply with the additional disposal and demilitarization (b) You need
> not report expired shelf-life items. You may
>
> (DEMIL) requirements contained in part 101-42 of this title. dispose
> of property with expired shelf-life by abandonment/
>
> MLIs may require demilitarization when issued to any destruction in
> accordance with [§102-36.305]{.underline} and in compli-
>
> non-DoD entity, and will require appropriate licensing when ance with
> Federal, State, and local waste disposal and air and
>
> exported from the U.S. CCLIs usually require export licens- water
> pollution control standards.
>
> ing when transported from the U.S.
>
> **§102-36.455---How do we report excess shelf-life items?**
>
> **§102-36.435---How do we identify Munitions List Items** You must
> identify the property as shelf-life items by "SL",
>
> **(MLIs)/Commerce Control List Items (CCLIs)** indicate the expiration
> date, whether the date is the original or
>
> **requiring demilitarization?** an extended date, and if the date is
> further extendable. GSA
>
> You identify MLIs/CCLIs requiring demilitarization by may adjust the
> screening period based on re-use potential and
>
> the demilitarization code that is assigned to each MLI or the
> remaining useful shelf life.
>
> CCLI\. The code indicates the type and scope of demilitariza-
>
> tion and/or export controls that must be accomplished, when
> **§102-36.460---Do we report excess medical shelf-life items**
>
> required, before issue to any non-DOD activity. For a listing **held
> for national emergency purposes?**
>
> of the codes and additional guidance on DEMIL procedures When the
> remaining shelf life of any medical materials or
>
> see DOD Demilitarization and Trade Security Control Man- supplies held
> for national emergency purposes is of too short
>
> ual, DOD 4160.21-M-1. a period to justify their continued retention,
> you should report such property excess for possible transfer and
> disposal. You
>
> **Printing Equipment and Supplies** must make such excess
> determinations at such time as to ensure that sufficient time remains
> to permit their use before
>
> **§102-36.440---Are there special procedures for reporting** their
> shelf life expires and the items are unfit for human use.
>
> **excess printing and binding equipment and supplies?** You must
> identify such items with "MSL" and the expiration
>
> Yes, in accordance with 44 U.S.C. 312, you must submit date, and
> indicate any specialized storage requirements.
>
> reports of excess printing and binding machinery, equipment,
>
> 102-36-15
>
> **AMENDMENT 2006---06 OCTOBER 12, 2006**
>
> **§102-36.465** FEDERAL MANAGEMENT REGULATION
>
> **§102-36.465---May we transfer or exchange excess** (c) Disposal
> instructions regarding vessels in this part do
>
> **medical shelf-life items with other Federal agencies?** not apply to
> battleships, cruisers, aircraft carriers, destroyers,
>
> Yes, you may transfer or exchange excess medical or submarines.
>
> shelf-life items held for national emergency purposes with
>
> any other Federal agency for other medical materials or sup- **Subpart
> F---Miscellaneous Disposition**
>
> plies, without GSA approval and without regard to part
>
> 102-39 of this chapter. You and the transferee agency will
> **§102-36.475---What is the authority for transfers under**
>
> agree to the terms and prices. You may credit any proceeds
> **"Computers for Learning"?**
>
> derived from such transactions to your agency's current appli- (a) The
> Stevenson-Wydler Technology Innovation Act
>
> cable appropriation and use the funds only for the purchase of of
> 1980, as amended (15 U.S.C. 3710(i)), authorizes Federal
>
> medical materials or supplies for national emergency pur- agencies to
> transfer excess education-related Federal equip-
>
> poses. ment to educational institutions or nonprofit organizations for
> educational and research activities. Executive Order 12999
>
> **Vessels** (3 CFR, 1996 Comp., p. 180) requires, to the extent
> permitted by law and where appropriate, the transfer of computer
> equip-
>
> **§102-36.470---What must we do when disposing of excess** ment for
> use by schools or non-profit organizations.
>
> **vessels?** (b) Each Federal agency is required to identify a point
> of
>
> \(a\) When you dispose of excess vessels you must indicate contact
> within the agency to assist eligible recipients, and to
>
> on the SF 120 the following information: publicize the availability of
> such property to eligible commu-
>
> \(1\) Whether the vessel has been inspected by the Coast nities.
> Excess education-related equipment may be trans-
>
> Guard. ferred directly under established agency procedures, or
>
> \(2\) Whether testing for hazardous materials has been reported to GSA
> as excess for subsequent transfer to potential
>
> done. And if so, the result of the testing, specifically the pres-
> eligible recipients as appropriate. You must include transfers
>
> ence or absence of PCB's and asbestos and level of contami- under this
> authority in the annual Non-Federal Recipients
>
> nation. Report (See [§102-36.295]{.underline}) to GSA.
>
> \(3\) Whether hazardous materials clean-up is required, (c) The
> "Computers for Learning" website has been devel-
>
> and when it will be accomplished by your agency. oped to streamline
> the transfer of excess and surplus Federal
>
> \(b\) In accordance with 40 U.S.C. 548 the Federal Maritime computer
> equipment to schools and nonprofit educational
>
> Administration (FMA), Department of Transportation, is organizations.
> For additional information about this program
>
> responsible for disposing of surplus vessels determined to be access
> the "Computers for Learning" website, *http://*
>
> merchant vessels or capable of conversion to merchant use
> *www.computers.fed.gov*.
>
> and weighing 1,500 gross tons or more. The SF 120 for such vessels
> shall be forwarded to GSA for submission to FMA.
>
> 102-36-16