## FPMR Bulletin H-43 Utilization and Disposal

**GSA Bulletin FPMR H- 43 **\
**Utilization and Disposal**

TO: Heads of Federal agencies

SUBJECT: Annual report of personal property furnished to non-Federal
recipients

1. [Purpose.]{.underline} This bulletin clarifies the intent of FPMR
101-43.4701(c) concerning the requirement that each executive agency
submit an annual report of personal property furnished to any
non-Federal recipients during the previous fiscal year.

2. [Expiration date.]{.underline} This bulletin contains information of
a continuing nature and will remain in effect until superseded or
canceled.

3. [Background.]{.underline} As required by Pub. Law 94-519, the General
Accounting Office (GAO) has issued its third biennial report to Congress
on the impact of Pub. Law 94-519 on the transfer of excess and the
donation of surplus personal property to grantees and other eligible
non-Federal organizations (GAO/GGD-85­3). This law amended the Federal
Property and Administrative Services Act of 1949 to require, among other
things, that each executive agency submit an annual report of property
furnished to any non-Federal recipient during the previous fiscal year.
During their review, GAO found that the categories of property and types
of recipients listed in executive agencies\' reports are inconsistent.
Therefore, GAO has recommended in their report that the General Services
Administration (GSA) clarify for all executive agencies the information
on Federal personal property to be reported to GSA in compliance with
section 202(e) of the Federal Property and Administrative Services Act
of 1949, as amended.

4. [Annual reports.]{.underline}

a\. Section 202(e) of the Federal Property and Administrative Services
Act of 1949, as amended, states that:

\"(e) Each executive agency shall submit during the calendar quarter
following the close of each fiscal year a report to the Administrator
showing, with respect to personal property:

\(1\) Obtained as excess property or as property determined to be no
longer required for the purposes of the appropriation from which it was
purchased, and

\(2\) Furnished in any manner whatsoever within the United States to any
recipient other than a Federal agency, the acquisition cost, categories
of equipment, recipient of all such property, and such other information
as the Administrator may require.\"

b\. For purposes of clarification, the terms contained in section 202(e)
are defined as follows:

\(1\) \"Personal property obtained as excess\" includes property which
was obtained from another Federal agency under the provisions of FPMR
101-43 which was subsequently furnished during the reporting period in
any manner whatsoever to any non-Federal recipient. Property determined
to be surplus which was subsequently disposed of by donation, sale,
abandonment, or destruction under the provisions of FPMR 101-44 or
101-45 should not be included in the report.

\(2\) \"Personal property not excess to the owning agency but
determined to be no longer required -for the purposes of the
appropriation from which it was purchased\" includes:

\(a\) Property which was no longer needed for direct agency use by the
organizational unit accountable for the property, and was subsequently
furnished during the reporting period in any manner whatsoever to any
non­Federal recipient rather than placed in the agency\'s internal
redistribution or disposal system; and

\(b\) Property which entered the agency\'s internal redistribution
or disposal system, and was subsequently furnished during the reporting
period in any manner whatsoever to any non-Federal recipient.

Also, with respect to (2), above, agencies are not required to research
their acquisition, inventory, or accountable property records to
determine the source of this property or the appropriation from which it
was purchased.

\(3\) The phrase \"furnished in any manner whatsoever\" includes but is
not limited to transfer, loan, lease, license agreement, and sale
transactions.

\(4\) The term \"non-Federal recipients\" includes all
contractors, e.g., fixed-price, cost-reimbursable, etc.; all grantees,
e.g., project, formula, etc.; and any other individual or organization
which is not a Federal agency. State and local government entities are
regarded as non-Federal recipients.

c\. Executive agencies are reminded that the annual reports required
by section 202(e) of the Property Act are required to be submitted to
the General Services Administration within 90 calendar days after the
close of each fiscal year.

Donald C. J. Gray\
Assistant Administrator for\
Federal Supply and Services