Title 41—Public Contracts and Property Management--Volume 1
PART 102-2—FEDERAL MANAGEMENT REGULATION SYSTEM
§ 102-34.210   May I use a Government motor vehicle for transportation between places of employment and mass transit facilities?
Yes, you may use a Government motor vehicle for transportation between places of employment and mass transit facilities under the following conditions:
(a) The head of your agency must make a determination in writing, valid for one year, that such use is appropriate and consistent with sound budget policy, and the determination must be kept on file;
(b) There is no safe and reliable commercial or duplicative Federal mass transportation service that serves the same route on a regular basis;
(c) This transportation is made available, space provided, to other Federal employees;
(d) Alternative fuel vehicles should be used to the maximum extent practicable;
(e) This transportation should be provided in a manner that does not result in any additional gross income for Federal income tax purposes; and
(f) Motor vehicle ridership levels must be frequently monitored to ensure cost/benefit of providing and maintaining this transportation.
§ 102-34.215   May Government contractors use Government motor vehicles?
Yes, Government contractors may use Government motor vehicles when authorized in accordance with the Federal Acquisition Regulation (FAR), GSA Fleet procedures, and the following conditions:
(a) Government motor vehicles are used for official purposes only and solely in the performance of the contract;
(b) Government motor vehicles cannot be used for transportation between residence and place of employment, unless authorized in accordance with 31 U.S.C. 1344 and part 102-5 of this chapter; and
(c) Contractors must:
(1) Establish and enforce suitable penalties against employees who use, or authorize the use of, Government motor vehicles for unofficial purposes or for other than in the performance of the contract; and
(2) Pay any expenses or cost, without Government reimbursement, for using Government motor vehicles other than in the performance of the contract.
§ 102-34.220   What does GSA do if it learns of unofficial use of a Government motor vehicle?
GSA reports the matter to the head of your agency. The agency investigates and may, if appropriate, take disciplinary action under 31 U.S.C. 1349 or may report the violation to the Attorney General for prosecution under 18 U.S.C. 641.
§ 102-34.225   How are Federal employees disciplined for misuse of Government motor vehicles?
If an employee willfully uses, or authorizes the use of, a Government motor vehicle for other than official purposes, the employee is subject to suspension of at least one month or, up to and including, removal by the head of the agency (31 U.S.C. 1349).
§ 102-34.230   How am I responsible for protecting Government motor vehicles?
When a Government motor vehicle is under your control, you must:
(a) Park or store the Government motor vehicle in a manner that reasonably protects it from theft or damage; and
(b) Lock the unattended Government motor vehicle. (The only exception to this requirement is when fire regulations or other directives prohibit locking motor vehicles in closed buildings or enclosures.)
§ 102-34.235   Am I bound by State and local traffic laws?
Yes. You must obey all motor vehicle traffic laws of the State and local jurisdiction, except when the duties of your position require otherwise. You are personally responsible if you violate State or local traffic laws. If you are fined or otherwise penalized for an offense you commit while performing your official duties, but which was not required as part of your official duties, payment is your personal responsibility.
§ 102-34.240   Who pays for parking fees?
You must pay parking fees while operating a Government motor vehicle. However, you can expect to be reimbursed for parking fees incurred while performing official duties.
§ 102-34.245   Who pays for parking fines?
If you are fined for a parking violation while operating a Government motor vehicle, you are responsible for paying the fine and will not be reimbursed.
§ 102-34.250   Do Federal employees in Government motor vehicles have to use all safety devices and follow all safety guidelines?
Yes, Federal employees in Government motor vehicles have to use all provided safety devices including safety belts and follow all appropriate motor vehicle manufacturer safety guidelines.
§ 102-34.255   What are motor vehicle replacement standards?
Motor vehicle replacement standards specify the minimum number of years in use or miles traveled at which an executive agency may replace a Government-owned motor vehicle (see § 102-34.270).
§ 102-34.260   May we replace a Government-owned motor vehicle sooner?
Yes. You may replace a Government-owned motor vehicle if it needs body or mechanical repairs that exceed the fair market value of the motor vehicle. Determine the fair market value by adding the current market value of the motor vehicle plus any capitalized motor vehicle additions (such as a utility body or liftgate) or repairs. Your agency head or designee must review the replacement in advance.
§ 102-34.265   May we keep a Government-owned motor vehicle even though the standard permits replacement?
Yes. The replacement standard is a minimum only, and therefore, you may keep a Government-owned motor vehicle longer than shown in § 102-34.270 if the motor vehicle can be operated without excessive maintenance costs or substantial reduction in resale value.
§ 102-34.270   How long must we keep a Government-owned motor vehicle?
You must keep a Government-owned motor vehicle for at least the years or miles shown in the following table, unless it is no longer needed and declared excess:
Table of Minimum Replacement Standards
1 Minimum standards are stated in both years and miles; use whichever occurs first.
§ 102-34.275   What kind of maintenance programs must we have?
You must have a scheduled maintenance program for each motor vehicle you own or lease commercially. This requirement applies to domestic fleets, and is recommended for foreign fleets. The GSA Fleet will develop maintenance programs for GSA Fleet vehicles. The scheduled maintenance program must:
(a) Meet Federal and State emissions and safety standards;
(b) Meet manufacturer warranty requirements;
(c) Ensure the safe and economical operating condition of the motor vehicle throughout its life; and
(d) Ensure that inspections and servicing occur as recommended by the manufacturer or more often if local operating conditions require.
§ 102-34.280   What State inspections must we have for Government motor vehicles?
You must have the following State inspections for Government motor vehicles:
(a) Federally-mandated emissions inspections when required by the relevant State motor vehicle administration or State environmental department. Your agency must pay for these inspections if the fee is not waived. GSA Fleet will pay the cost of these inspections for motor vehicles leased from GSA Fleet; or
(b) For motor vehicles that display license plates issued by a State, Commonwealth, territory, or possession of the United States, motor vehicle safety inspections required by the relevant motor vehicle administration. Your agency must pay for these inspections unless the fee is waived. Payment for these inspections for motor vehicles leased from GSA Fleet is the responsibility of the using agency. Government motor vehicles that display official U.S. Government license plates do not require motor vehicle safety inspections.
§ 102-34.285   Where can we obtain help in setting up a maintenance program?
For help in setting up a maintenance program, contact the: General Services Administration, Attn: Motor Vehicle Policy, Washington, DC 20405. E-mail: vehicle.policy@gsa.gov.
§ 102-34.290   What forms do I use to report a crash involving a domestic fleet motor vehicle?
Use the following forms to report a domestic fleet crash. The forms should be carried in any domestic fleet motor vehicle.
(a) Standard Form (SF) 91, Motor Vehicle Accident Report. The motor vehicle operator should complete this form at the time and scene of the crash if possible, even if damage to the motor vehicle is not noticeable.
(b) SF 94, Statement of Witness. This form should be completed by any witness to the crash.
§ 102-34.295   To whom do we send crash reports?
Send crash reports as follows:
(a) If the motor vehicle is owned or commercially leased by your agency, follow your internal agency directives.
(b) If the motor vehicle is leased from GSA Fleet, report the crash to GSA in accordance with subpart 101-39.4 of this Title.
§ 102-34.300   How do we dispose of a domestic fleet motor vehicle?
After meeting the replacement standards under subpart E of this part, you may dispose of a Government-owned domestic fleet motor vehicle. Detailed instructions for the transfer of an excess motor vehicle to another Federal agency can be found in part 102-36 of this subchapter B, information for the donation of surplus of motor vehicles can be found in part 102-37 of this subchapter B, information for the sale of motor vehicles can be found in part 102-38 of this subchapter B, and information on exchange/sale authority can be found in part 102-39 of this subchapter B.
§ 102-34.305   What forms do we use to transfer ownership when selling a motor vehicle?
Use the following forms to transfer ownership:
(a) SF 97, The United States Government Certificate to Obtain Title to a Motor Vehicle, if both of the following apply:
(1) The motor vehicle will be retitled by a State, Commonwealth, territory or possession of the United States or the District of Columbia; and
(2) The purchaser intends to operate the motor vehicle on highways.
Do not use SF 97 if the Government-owned motor vehicle is either not designed or not legal for operation on highways. Examples are construction equipment, farm machinery, and certain military-design motor vehicles and motor vehicles that are damaged beyond repair in crashes and intended to be sold as salvage only. Instead, use an appropriate bill of sale or award document. Examples are Optional Form 16, Sales Slip—Sale of Government Personal Property, and SF 114C, Sale of Government Property-Bid and Award.
(b) SF 97 is optional for foreign fleet motor vehicles because foreign governments may require the use of other forms.
The original SF 97 is printed on secure paper to identify readily any attempt to alter the form. The form is also pre-numbered to prevent duplicates. State motor vehicle agencies may reject certificates showing erasures or strikeovers.
§ 102-34.310   How do we distribute the completed Standard Form 97?
SF 97 is a 4-part set printed on continuous-feed paper. Distribute the form as follows:
(a) Original SF 97 to the purchaser or donee;
(b) One copy to the owning agency;
(c) One copy to the contracting officer making the sale or transfer of the motor vehicle; and
(d) One copy under owning agency directives.
§ 102-34.315   How do we obtain fuel for Government motor vehicles?
You may obtain fuel for Government motor vehicles by using:
(a) A Government-issued charge card;
(b) A Government agency fueling facility; or
(c) Personal funds and obtaining reimbursement from your agency, if permitted by your agency. You must use the method prescribed by GSA Fleet to obtain fuel for vehicles leased from GSA fleet.
§ 102-34.320   What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?
(a) You may use a fleet charge card specifically issued for this purpose. These cards are designed to collect motor vehicle data at the time of purchase. Where appropriate, State sales and motor fuel taxes may be deducted from fuel purchases by the fleet charge card services contractor before your agency is billed; otherwise you may need to request reimbursement from each State to which taxes were paid. The GSA contractor issued fleet charge card is the only Government-issued charge card that may be used for GSA Fleet motor vehicles. For further information on acquiring these fleet charge cards and their use, contact the: General Services Administration, ATTN: GSA SmartPay ® (QMB), 2200 Crystal Drive, Arlington, VA 22202.
(b) You may use a Government purchase card if you do not have a fleet charge card or if the use of such a Government purchase card is required by your agency mission. However, the Government purchase card does not collect motor vehicle data nor does it deduct State sales and motor fuel taxes.
OMB Circular A-123, Appendix B, contains additional specific guidance on the management, issuance, and usage of Government charge cards. The Appendix B guidance consolidates and updates current Governmentwide charge card program requirements and guidance issued by the Office of Management and Budget, GSA, Department of the Treasury, and other Federal agencies. Appendix B provides a single document to incorporate changes, new guidance, or amendments to existing guidance, and establishes minimum requirements and suggested best practices for Government charge card programs that may be supplemented by individual agency policy procedures.
§ 102-34.325   What type of fuel do I use in Government motor vehicles?
(a) Use the minimum grade (octane rating) of fuel recommended by the motor vehicle manufacturer when fueling Government motor vehicles, unless a higher grade of fuel is all that is available locally.
(b) Use unleaded gasoline in all foreign fleet motor vehicles designed to operate on gasoline unless:
(1) Such use would be in conflict with country-to-country or multi-national logistics agreements; or
(2) Such gasoline is not available locally.
(c) You must use alternative fuels in alternative fuel motor vehicles to the fullest extent possible as directed by regulations issued by the Department of Energy implementing the Energy Policy Act and related Executive Orders.
§ 102-34.330   What is the Federal Fleet Report?
The Federal Fleet Report (FFR) is an annual summary of Federal fleet statistics based upon fleet composition at the end of each fiscal year and vehicle use and cost during the fiscal year. The FFR is compiled by GSA from information submitted by Federal agencies. The FFR is designed to provide essential statistical data for worldwide Federal motor vehicle fleet operations. Review of the report assists Government agencies, including GSA, in evaluating the effectiveness of the operation and management of individual fleets to determine whether vehicles are being utilized properly and to identify high cost areas where fleet expenses can be reduced. The FFR is posted on GSA's Motor Vehicle Management Policy Internet Web site ( http://www.gsa.gov/vehiclepolicy ).
§ 102-34.335   How do I submit information to the General Services Administration (GSA) for the Federal Fleet Report (FFR)?
(a) Annually, agencies must submit to GSA the information needed to produce the FFR through the Federal Automotive Statistical Tool (FAST), an Internet-based reporting tool. To find out how to submit motor vehicle data to GSA through FAST, consult the instructions from your agency fleet manager and read the documentation at http://fastweb.inel.gov/.
(b) Specific reporting categories, by agency, included in the FFR are—
(1) Inventory;
(2) Acquisitions;
(3) Operating costs;
(4) Miles traveled; and
(5) Fuel used.
The FAST system is also used by agency Fleet Managers to provide the Department of Energy with information required by the Energy Policy Act and related Executive Orders. In addition, the Office of Management and Budget (OMB) requires agency Fleet Managers and budget officers to submit annual agency motor vehicle budgeting information to OMB through FAST (see OMB Circular A-11, Preparation, Submission, and Execution of the Budget).
§ 102-34.340   Do we need a fleet management information system?
Yes, you must have a fleet management information system at the department or agency level that —
(a) Identifies and collects accurate inventory, cost, and use data that covers the complete lifecycle of each motor vehicle (acquisition, operation, maintenance, and disposal); and
(b) Provides the information necessary to satisfy both internal and external reporting requirements, including:
(1) Cost per mile;
(2) Fuel costs for each motor vehicle; and
(3) Data required for FAST (see § 102-34.335).
§ 102-34.345   What records do we need to keep?
You are responsible for developing and keeping adequate accounting and reporting procedures for Government motor vehicles. These will ensure accurate recording of inventory, cost, and operational data needed to manage and control motor vehicles, and will satisfy reporting requirements. You must also comply with the General Records Schedules issued by the National Archives and Records Administration ( http://www.archives.gov ).
§ 102-34.350   How do we obtain the forms prescribed in this part?
See § 102-2.135 of this chapter for how to obtain forms prescribed in this part.
§ 102-35.5   What is the scope of the General Services Administration's regulations on the disposal of personal property?
The General Services Administration's personal property disposal regulations are contained in this part and in parts 102-36 through 102-42 of this subchapter B as well as in parts 101-42 and 101-45 of the Federal Property Management Regulations (FPMR)(41 CFR parts 101-42 and 101-45). With two exceptions, these regulations cover the disposal of personal property under the custody and control of executive agencies located in the United States, the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau. The exceptions to this coverage are part 102-39 of this subchapter B, which applies to the replacement of all property owned by executive agencies worldwide using the exchange/sale authority, and §§ 102-36.380 through 102-36.400, which apply to the disposal of excess property located in countries and areas not listed in this subpart, i.e., foreign excess personal property. The legislative and judicial branches are encouraged to follow these provisions for property in their custody and control.
§ 102-35.10   How are these regulations for the disposal of personal property organized?
The General Services Administration (GSA) has divided its regulations for the disposal of personal property into the following program areas:
(a) Disposition of excess personal property (part 102-36 of this subchapter B).
(b) Donation of surplus personal property (part 102-37 of this subchapter B).
(c) Sale of surplus personal property (part 102-38 of this subchapter B).
(d) Replacement of personal property pursuant to the exchange/sale authority (part 102-39 of this subchapter B).
(e) Utilization and disposition of personal property with special handling requirements (part 102-40 of this subchapter B).
(f) Disposition of seized, forfeited, voluntarily abandoned, and unclaimed personal property (part 102-41 of this subchapter B).
(g) Utilization, donation, and disposal of foreign gifts and decorations (part 102-42 of this subchapter B).
§ 102-35.15   What are the goals of GSA's personal property regulations?
The goals of GSA's personal property regulations are to:
(a) Improve the identification and reporting of excess personal property;
(b) Maximize the use of excess property as the first source of supply to minimize expenditures for the purchase of new property, when practicable;
If there are competing requests among Federal agencies for excess property, preference will be given to agencies where the transfer will avoid a new Federal procurement. A transfer to an agency where the agency will provide the property to a non-Federal entity for the non-Federal entity's use will be secondary to Federal use.
(c) Achieve maximum public benefit from the use of Government property through the donation of surplus personal property to State and local public agencies and other eligible non-Federal recipients;
(d) Obtain the optimum monetary return to the Government for surplus personal property sold and personal property sold under the exchange/sale authority; and
(e) Reduce management and inventory costs by appropriate use of the abandonment/destruction authority to dispose of unneeded personal property that has no commercial value or for which the estimated cost of continued care and handling would exceed the estimated sales proceeds (see FMR §§ 102-36.305 through 102-36.330).
§ 102-35.20   What definitions apply to GSA's personal property regulations?
The following are definitions of, or cross-references to, some key terms that apply to GSA's personal property regulations in the FMR (CFR parts 102-36 through 102-42). Other personal property terms are defined in the sections or parts to which they primarily apply.
Accountable Personal Property includes nonexpendable personal property whose expected useful life is two years or longer and whose acquisition value, as determined by the agency, warrants tracking in the agency's property records, including capitalized and sensitive personal property.
Accountability means the ability to account for personal property by providing a complete audit trail for property transactions from receipt to final disposition.
Acquisition cost means the original purchase price of an item.
Capitalized Personal Property includes property that is entered on the agency's general ledger records as a major investment or asset. An agency must determine its capitalization thresholds as discussed in Financial Accounting Standard Advisory Board (FASAB) Statement of Federal Financial Accounting Standards No. 6 Accounting for Property, Plant and Equipment, Chapter 1, paragraph 13.
Control means the ongoing function of maintaining physical oversight and surveillance of personal property throughout its complete life cycle using various property management tools and techniques taking into account the environment in which the property is located and its vulnerability to theft, waste, fraud, or abuse.
Excess personal property (see § 102-36.40 of this subchapter B).
Exchange/sale (see § 102-39.20 of this subchapter B).
Executive agency (see § 102-36.40 of this subchapter B).
Federal agency (see § 102-36.40 of this subchapter B).
Foreign gifts and decorations (for the definition of relevant terms, see § 102-42.10 of this subchapter B).
Forfeited property (see § 102-41.20 of this subchapter B).
Inventory includes a formal listing of all accountable property items assigned to an agency, along with a formal process to verify the condition, location, and quantity of such items. This term may also be used as a verb to indicate the actions leading to the development of a listing. In this sense, an inventory must be conducted using an actual physical count, electronic means, and/or statistical methods.
National property management officer means an official, designated in accordance with § 102-36.45(b) of this subchapter B, who is responsible for ensuring effective acquisition, use, and disposal of excess property within your agency.
Personal property (see § 102-36.40 of this subchapter B).
Property management means the system of acquiring, maintaining, using and disposing of the personal property of an organization or entity.
Seized property means personal property that has been confiscated by a Federal agency, and whose care and handling will be the responsibility of that agency until final ownership is determined by the judicial process.
Sensitive Personal Property includes all items, regardless of value, that require special control and accountability due to unusual rates of loss, theft or misuse, or due to national security or export control considerations. Such property includes weapons, ammunition, explosives, information technology equipment with memory capability, cameras, and communications equipment. These classifications do not preclude agencies from specifying additional personal property classifications to effectively manage their programs.
Surplus personal property (see § 102-37.25 of this subchapter B).
Utilization means the identification, reporting, and transfer of excess personal property among Federal agencies.
§ 102-35.25   What management reports must we provide?
(a) There are three reports that must be provided. The report summarizing the property provided to non-Federal recipients and the report summarizing exchange/sale transactions (see §§ 102-36.295 and 102-39.75 respectively of this subchapter B) must be provided every year (negative reports are required). In addition, if you conduct negotiated sales of surplus personal property valued over $5,000 in any year, you must report this transaction in accordance with § 102-38.115 (negative reports are not required for this report).
(b) The General Services Administration (GSA) may request other reports as authorized by 40 U.S.C. 506(a)(1)(A).
§ 102-35.30   What actions must I take or am I authorized to take regardless of the property disposition method?
Regardless of the disposition method used:
(a) You must maintain property in a safe, secure, and cost-effective manner until final disposition.
(b) You have authority to use the abandonment/ destruction provisions at any stage of the disposal process (see §§ 102-36.305 through 102-36.330 and § 102-38.70 of this subchapter B).
(c) You must implement policies and procedures to remove sensitive or classified information from property prior to disposal. Agency-affixed markings should be removed, if at all possible, prior to personal property permanently leaving your agency's control.
(d) Government-owned personal property may only be used as authorized by your agency. Title to Government-owned personal property cannot be transferred to a non-Federal entity unless through official procedures specifically authorized by law.
§ 102-36.5   What is the governing authority for this part?
Section 121(c) of title 40, United States Code, authorizes the Administrator of General Services to prescribe regulations as the Administrator deems necessary to carry out their functions under subtitle I of title 40. Section 521 of title 40 authorizes the General Services Administration (GSA) to prescribe policies to promote the maximum use of excess Government personal property by executive agencies.
§ 102-36.10   What does this part cover?
This part covers the acquisition, transfer, and disposal, by executive agencies, of excess personal property located in the United States, the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.
§ 102-36.15   Who must comply with the provisions of this part?
All executive agencies must comply with the provisions of this part. The legislative and judicial branches are encouraged to report and transfer excess personal property and fill their personal property requirements from excess in accordance with these provisions.
§ 102-36.20   To whom do “we”, “you”, and their variants refer?
Use of pronouns “we”, “you”, and their variants throughout this part refer to the agency.
§ 102-36.25   How do we request a deviation from these requirements and who can approve it?
See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.
§ 102-36.30   When is personal property excess?
Personal property is excess when it is no longer needed by the activities within your agency to carry out the functions of official programs, as determined by the agency head or designee.
§ 102-36.35   What is the typical process for disposing of excess personal property?
(a) You must ensure personal property not needed by your activity is offered for use elsewhere within your agency. If the property is no longer needed by any activity within your agency, your agency declares the property excess and reports it to GSA for possible transfer to eligible recipients, including federal agencies for direct use or for use by their contractors, project grantees, or cooperative agreement recipients. All executive agencies must, to the maximum extent practicable, fill requirements for personal property by using existing agency property or by obtaining excess property from other federal agencies in lieu of new procurements.
(b) If GSA determines that there are no federal requirements for your excess personal property, it becomes surplus property and is available for donation to state and local public agencies and other eligible non-federal activities. Title 40 of the United States Code requires that surplus personal property be distributed to eligible recipients by an agency established by each State for this purpose, the State Agency for Surplus Property.
(c) Surplus personal property not selected for donation is offered for sale to the public by competitive offerings such as sealed bid sales, spot bid sales, or auctions. You may conduct or contract for the sale of your surplus personal property, or have GSA or another executive agency conduct the sale on behalf of your agency in accordance with part 102-38 of this chapter. You must inform GSA at the time the property is reported as excess if you do not want GSA to conduct the sale for you.
(d) If a written determination is made that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale, you may dispose of the property by abandonment or destruction, or donate it to public bodies.
§ 102-36.40   What definitions apply to this part?
The following definitions apply to this part:
Commerce Control List Items (CCLIs) are dual use (commercial/military) items that are subject to export control by the Bureau of Export Administration, Department of Commerce. These items have been identified in the U.S. Export Administration Regulations (15 CFR part 774) as export controlled for reasons of national security, crime control, technology transfer, and scarcity of materials.
Cooperative means the organization or entity that has a cooperative agreement with a federal agency.
Cooperative agreement means a legal instrument reflecting a relationship between a federal agency and a non-federal recipient, made in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), under any or all of the following circumstances:
(1) The purpose of the relationship is the transfer, between a federal agency and a non-federal entity, of money, property, services, or anything of value to accomplish a public purpose authorized by law, rather than by purchase, lease, or barter, for the direct benefit or use of the federal government.
(2) Substantial involvement is anticipated between the federal agency and the cooperative during the performance of the agreed upon activity.
(3) The cooperative is a state or local government entity or any person or organization authorized to receive federal assistance or procurement contracts.
Demilitarization means, as defined by the Department of Defense, the act of destroying the military capabilities inherent in certain types of equipment or material. Such destruction may include deep sea dumping, mutilation, cutting, crushing, scrapping, melting, burning, or alteration so as to prevent the further use of the item for its originally intended purpose.
Excess personal property means any personal property under the control of any federal agency that is no longer required for that agency's needs, as determined by the agency head or designee.
Exchange/sale property is property not excess to the needs of the holding agency but eligible for replacement, which is exchanged or sold under the provisions of part 102-39 of this chapter in order to apply the exchange allowance or proceeds of sale in whole or part payment for replacement with a similar item.
Executive agency means any executive department or independent establishment in the executive branch of the Government, including any wholly owned government corporation.
Fair market value means the best estimate of the gross sales proceeds if the property were to be sold in a public sale.
Federal agency means any executive agency or any establishment in the legislative or judicial branch of the government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the Architect's direction).
Flight Safety Critical Aircraft Part (FSCAP) is any aircraft part, assembly, or installation containing a critical characteristic whose failure, malfunction, or absence could cause a catastrophic failure resulting in engine shut-down or loss or serious damage to the aircraft resulting in an unsafe condition.
Foreign excess personal property is any U.S. owned excess personal property located outside the United States (U.S.), the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.
Grant means a type of assistance award and a legal instrument which permits a federal agency to transfer money, property, services or other things of value to a grantee when no substantial involvement is anticipated between the agency and the recipient during the performance of the contemplated activity.
GSAXcess ® is GSA's website for reporting, searching and selecting excess personal property. For information on using GSAXcess ®, access http://www.gsaxcess.gov.
Hazardous personal property means property that is deemed a hazardous material, chemical substance or mixture, or hazardous waste under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C. 5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-2609).
Holding agency means the federal agency having accountability for, and generally possession of, the property involved.
Intangible personal property means personal property in which the existence and value of the property is generally represented by a descriptive document rather than the property itself. Some examples are patents, patent rights, processes, techniques, inventions, copyrights, negotiable instruments, money orders, bonds, and shares of stock.
Life-limited aircraft part is an aircraft part that has a finite service life expressed in either total operating hours, total cycles, and/or calendar time.
Line item means a single line entry, on a reporting form or transfer order, for items of property of the same type having the same description, condition code, and unit cost.
Munitions List Items (MLIs) are commodities (usually defense articles/defense services) listed in the International Traffic in Arms Regulation (22 CFR part 121), published by the U.S. Department of State.
Nonappropriated fund activity means an activity or entity that is not funded by money appropriated from the general fund of the U.S. Treasury, such as post exchanges, ship stores, military officers' clubs, veterans' canteens, and similar activities. Such property is not federal property.
Personal property means any property, except real property. For purposes of this part, the term excludes records of the federal government, and naval vessels of the following categories: battleships, cruisers, aircraft carriers, destroyers, and submarines.
Project grant means a grant made for a specific purpose and with a specific termination date.
Public agency means any State, political subdivision thereof, including any unit of local government or economic development district; any department, agency, or instrumentality thereof, including instrumentalities created by compact or other agreement between States or political subdivisions; multijurisdictional substate districts established by or pursuant to State law; or any Indian tribe, band, group, pueblo, or community located on a State reservation.
Related personal property means any personal property that is an integral part of real property. It is:
(1) Related to, designed for, or specifically adapted to the functional capacity of the real property and removal of this personal property would significantly diminish the economic value of the real property; or
(2) Determined by the Administrator of General Services to be related to the real property.
Salvage means property that has value greater than its basic material content but for which repair or rehabilitation is clearly impractical and/or uneconomical.
Scrap means property that has no value except for its basic material content.
Screening period means the period in which excess and surplus personal property are made available for excess transfer or surplus donation to eligible recipients.
Shelf-life item is any item that deteriorates over time or has unstable characteristics such that a storage period must be assigned to assure the item is issued within that period to provide satisfactory performance. Management of such items is governed by part 101-27, subpart 27.2, of this title and by DOD instructions, for executive agencies and DOD respectively.
Surplus personal property (surplus) means excess personal property no longer required by the Federal agencies as determined by GSA.
Surplus release date means the date when federal screening has been completed and the excess property becomes surplus.
Transfer with reimbursement means a transfer of excess personal property between Federal agencies where the recipient is required to pay, i.e. reimburse the holding agency, for the property.
Unit cost means the original acquisition cost of a single item of property.
United States means all the 50 States and the District of Columbia.
Vessels means ships, boats and craft designed for navigation in and on the water, propelled by oars or paddles, sail, or power.
§ 102-36.45   What are our responsibilities in the management of excess personal property?
(a) Agency procurement policies should require consideration of excess personal property before authorizing procurement of new personal property.
(b) You are encouraged to designate national and regional property management officials to:
(1) Promote the use of available excess personal property to the maximum extent practicable by your agency.
(2) Review and approve the acquisition and disposal of excess personal property.
(3) Ensure that any agency implementing procedures comply with this part.
(c) When acquiring excess personal property, you must:
(1) Limit the quantity acquired to that which is needed to adequately perform the function necessary to support the mission of your agency.
(2) Establish controls over the processing of excess personal property transfer orders.
(3) Facilitate the timely pickup of acquired excess personal property from the holding agency.
(d) While excess personal property you have acquired is in your custody, or the custody of your non-Federal recipients and the government retains title, you and/or the non-Federal recipient must do the following:
(1) Establish and maintain a system for property accountability.
(2) Protect the property against hazards including but not limited to fire, theft, vandalism, and weather.
(3) Perform the care and handling of personal property. “Care and handling” includes completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus personal property, and destroying or rendering innocuous property which is dangerous to public health or safety.
(4) Maintain appropriate inventory levels as set forth in part 101-27 of this title.
(5) Continuously monitor the personal property under your control to assure maximum use, and develop and maintain a system to prevent and detect nonuse, improper use, unauthorized disposal, or destruction of personal property.
(e) When you no longer need personal property to carry out the mission of your program, you must:
(1) Offer the property for reassignment to other activities within your agency.
(2) Promptly report excess personal property to GSA when it is no longer needed by any activity within your agency for further reuse by eligible recipients.
(3) Continue the care and handling of excess personal property while it goes through the disposal process.
(4) Facilitate the timely transfer of excess personal property to other federal agencies or authorized eligible recipients.
(5) Provide reasonable access to authorized personnel for inspection and removal of excess personal property.
(6) Ensure that final disposition complies with applicable environmental, health, safety, and national security regulations.
§ 102-36.50   May we use a contractor to perform the functions of excess personal property disposal?
Yes, you may use service contracts to perform disposal functions that are not inherently governmental, such as warehousing 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 Regulation (41 CFR chapter 102), and any other applicable statutes and regulations when performing these functions.
§ 102-36.55   What is GSA's role in the disposition of excess personal property?
In addition to developing and issuing regulations for the management of excess personal property, GSA:
(a) Screens and offers available excess personal property to Federal agencies and eligible non-federal recipients.
(b) Approves and processes transfers of excess personal property to eligible activities.
(c) Determines the amount of reimbursement for transfers of excess personal property when appropriate.
(d) Conducts sales of surplus and exchange/sale personal property when requested by an agency.
(e) Maintains an automated system, GSAXcess ®, to facilitate the reporting and transferring of excess personal property.
§ 102-36.60   Who is eligible to acquire excess personal property as authorized by the Property Act?
The following are eligible to acquire excess personal property:
(a) Federal agencies (for their own use or use by their authorized contractors, cooperatives, and project grantees).
(b) The Senate.
(c) The House of Representatives.
(d) The Architect of the Capitol and any activities under the Architect's direction.
(e) The DC Government.
(f) Mixed-ownership government corporations as defined in 31 U.S.C. 9101.
§ 102-36.65   Why must we use excess personal property instead of buying new property?
Using excess personal property to the maximum extent practicable maximizes the return on government dollars spent and minimizes expenditures for new procurement. Before purchasing new property, check with the appropriate regional GSA Personal Property Management office or access GSAXcess ® for any available excess personal property that may be suitable for your needs. You must use excess personal property unless it would cause serious hardship, be impractical, or impair your operations.
§ 102-36.70   What must we consider when acquiring excess personal property?
Consider the following when acquiring excess personal property:
(a) There must be an authorized requirement.
(b) The cost of acquiring and maintaining the excess personal property (including packing, shipping, pickup, and necessary repairs) does not exceed the cost of purchasing and maintaining new material.
(c) The sources of spare parts or repair/maintenance services to support the acquired item are readily accessible.
(d) The supply of excess parts acquired must not exceed the life expectancy of the equipment supported.
(e) The excess personal property will fulfill the required need with reasonable certainty without sacrificing mission or schedule.
(f) You must not acquire excess personal property with the intent to sell or trade for other assets.
§ 102-36.75   Do we pay for excess personal property we acquire from another federal agency under a transfer?
(a) No, except for the situations listed in paragraph (b) of this section, you do not pay for the property. However, you are responsible for shipping and transportation costs. Where applicable, you may also be required to pay packing, loading, and any costs directly related to the dismantling of the property when required for the purpose of transporting the property.
(b) You may be required to reimburse the holding agency for excess personal property transferred to you (i.e., transfer with reimbursement) when:
(1) Reimbursement is directed by GSA.
(2) The property was originally acquired with funds not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue and the holding agency requests reimbursement. It is executive branch policy that working capital fund property shall be transferred without reimbursement.
(3) The property was acquired with appropriated funds, but reimbursement is required or authorized by law.
(4) You or the holding agency is the U.S. Postal Service (USPS).
(5) You are acquiring excess personal property for use by a project grantee that is a public agency or a nonprofit organization and exempt from taxation under 26 U.S.C. 501.
(6) You or the holding agency is the DC Government.
(7) You or the holding agency is a wholly owned or mixed-ownership government corporation as defined in the Government Corporation Control Act (31 U.S.C. 9101-9110).
§ 102-36.80   How much do we pay for excess personal property on a transfer with reimbursement?
(a) You may be required to reimburse the holding agency the fair market value when the transfer involves any of the conditions in § 102-36.75(b)(1) through (b)(4).
(b) When acquiring excess personal property for your project grantees (§ 102-36.75(b)(5)), you are required to deposit into the miscellaneous receipts fund of the U.S. Treasury an amount equal to 25 percent of the original acquisition cost of the property, except for transfers under the conditions cited in § 102-36.190.
(c) When you or the holding agency is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 102-36.75(b)(6) or (b)(7)), you are required to reimburse the holding agency using fair value reimbursement. Fair value reimbursement is 20 percent of the original acquisition cost for new or unused property (i.e., condition code 1), and zero percent for other personal property. Where circumstances warrant, a higher fair value may be used if the agencies concerned agree. Due to special circumstances or the unusual nature of the property, the holding agency may use other criteria for establishing fair value if approved or directed by GSA. You must refer any disagreements to the appropriate regional GSA Personal Property Management office.
§ 102-36.85   Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?
Yes, you must pay for personal property disposed of under the exchange/sale authority, in the amount required by the holding agency. The amount of reimbursement is normally the fair market value.
§ 102-36.90   How do we find out what personal property is available as excess?
You may use the following methods to find out what excess personal property is available:
(a) Check GSAXcess ®, GSA's website for searching and selecting excess personal property. For information on GSAXcess ®, access http://www.gsaxcess.gov.
(b) Contact or submit want lists to regional GSA Personal Property Management offices.
(c) Check any available holding agency websites.
(d) Conduct on-site screening at various federal facilities.
§ 102-36.95   How long is excess personal property available for screening?
The screening period for excess personal property is normally 21 calendar days. GSA may extend or shorten the screening period in coordination with the holding agency. For screening timeframes for government property in the possession of contractors see the Federal Acquisition Regulation (48 CFR part 45).
§ 102-36.100   When does the screening period start for excess personal property?
Screening starts when GSA receives the report of excess personal property (see § 102-36.230).
§ 102-36.105   Who is authorized to screen and where do we go to screen excess personal property on-site?
You may authorize your agency employees, contractors, or non-federal recipients that you sponsor to screen excess personal property. You may visit Defense Reutilization and Marketing Offices (DRMOs) and DOD contractor facilities to screen excess personal property generated by the Department of Defense. You may also inspect excess personal property at various civilian agency facilities throughout the United States.
§ 102-36.110   Do we need authorization to screen excess personal property?
(a) Yes, when entering a federal facility, federal agency employees must present a valid Federal ID. Non-federal individuals will need proof of authorization from their sponsoring federal agency in addition to a valid picture identification.
(b) Entry on some federal and contractor facilities may require special authorization from that facility. Persons wishing to screen excess personal property on such a facility must obtain approval from that agency. Contact your regional GSA Personal Property Management office for locations and accessibility.
§ 102-36.115   What information must we include in the authorization form for non-federal persons to screen excess personal property?
(a) For non-federal persons to screen excess personal property, you must provide on the authorization form:
(1) The individual's name and the organization they represent;
(2) The period of time and location(s) in which screening will be conducted; and
(3) The number and completion date of the applicable contract, cooperative agreement, or grant.
(b) An authorized official of your agency must sign the authorization form.
§ 102-36.120   What are our responsibilities in authorizing a non-federal individual to screen excess personal property?
You must do the following:
(a) Ensure that the non-federal screener certifies that any and all property requested will be used for authorized official purpose(s).
(b) Maintain a record of the authorized screeners under your authority, to include names, addresses and telephone numbers, and any additional identifying information such as driver's license or social security numbers.
(c) Retrieve any expired or invalid screener's authorization forms.
§ 102-36.125   How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?
(a) You must first contact the appropriate regional GSA Personal Property Management office to assure the property is available to you. Submit your request on a SF 122, Transfer Order Excess Personal Property, to the region in which the property is located. For the types of property listed in the table in paragraph (b) of this section, submit the SF 122 to the corresponding GSA regions. You may submit the SF 122 manually or transmit the required information by electronic media (GSAXcess ®) or any other transfer form specified and approved by GSA.
(b) For the following types of property, you must submit the SF 122 to the corresponding GSA regions:
§ 102-36.130   What are our responsibilities in processing transfer orders of excess personal property?
Whether the excess is for your use or for use by a non-federal recipient that you sponsor, you must:
(a) Ensure that only authorized federal officials of your agency sign the SF 122 prior to submission to GSA for approval.
(b) Ensure that excess personal property approved for transfer is used for authorized official purpose(s).
(c) Advise GSA of names of agency officials that are authorized to approve SF 122s, and notify GSA of any changes in signatory authority.
§ 102-36.135   How much time do we have to pick up excess personal property that has been approved for transfer?
Normally, you have 15 calendar days from the date of GSA allocation to pick up the excess personal property for transfer, and you are responsible for scheduling and coordinating the property removal with the holding agency. If additional removal time is required, you are responsible for requesting such additional removal time.
§ 102-36.140   May we arrange to have the excess personal property shipped to its final destination?
Yes, when the holding agency agrees to provide assistance in preparing the property for shipping. You may be required to pay the holding agency any direct costs in preparing the property for shipment. You must provide shipping instructions and the appropriate fund code for billing purposes on the SF 122.
§ 102-36.145   May we obtain excess personal property directly from another Federal agency without GSA approval?
Yes, but only under the following situations:
(a) You may obtain excess personal property that has not yet been reported to GSA, provided the total acquisition cost of the excess property does not exceed $10,000 per line item. You must ensure that a SF 122 is completed for the direct transfer and that an authorized official of your agency signs the SF 122. You must provide a copy of the SF 122 to the appropriate regional GSA office within 10 workdays from the date of the transaction.
(b) You may obtain excess personal property exceeding the $10,000 per line item limitation, provided you first contact the appropriate regional GSA Personal Property Management office for verbal approval of a prearranged transfer. You must annotate the SF 122 with the name of the GSA approving official and the date of the verbal approval, and provide a copy of the SF 122 to GSA within 10 workdays from the date of transaction.
(c) You are subject to the requirement to pay reimbursement for the excess personal property under a direct transfer when any of the conditions in § 102-36.75(b) applies.
(d) You may obtain excess personal property directly from another federal agency without GSA approval when that federal agency has statutory authority to dispose of such excess personal property and you are an eligible recipient.
§ 102-36.150   For which non-federal activities may we acquire excess personal property?
Under the Property Act you may acquire and furnish excess personal property for use by your non-appropriated fund activities, contractors, cooperatives, and project grantees. You may acquire and furnish excess personal property for use by other eligible recipients only when you have specific statutory authority to do so.
§ 102-36.155   What are our responsibilities when acquiring excess personal property for use by a non-federal recipient?
When acquiring excess personal property for use by a non-federal recipient, your authorized agency official must:
(a) Ensure the use of excess personal property by the non-federal recipient is authorized and complies with applicable federal regulations and agency guidelines.
(b) Determine that the use of excess personal property will reduce the costs to the government and/or that it is in the government's best interest to furnish excess personal property.
(c) Review and approve transfer documents for excess personal property as the sponsoring Federal agency.
(d) Ensure the non-federal recipient is aware of their obligations under the FMR and your agency regulations regarding the management of excess personal property.
(e) Ensure the non-federal recipient does not stockpile the property but places the property into use within a reasonable period of time, and has a system to prevent nonuse, improper use, or unauthorized disposal or destruction of excess personal property furnished.
(f) Establish provisions and procedures for property accountability and disposition in situations when the government retains title.
(g) Report annually to GSA excess personal property furnished to non-federal recipients during the year (see § 102-36.295).
§ 102-36.160   What additional information must we provide on the SF 122 when acquiring excess personal property for non-federal recipients?
Annotate on the SF 122, the name of the non-federal recipient and the contract, grant or agreement number, when applicable, and the scheduled completion/expiration date of the contract, grant or agreement. If the remaining time prior to the expiration date is less than 60 calendar days, you must certify that the contract, grant or agreement will be extended or renewed or provide other written justification for the transfer.
§ 102-36.165   Do we retain title to excess personal property furnished to a non-appropriated fund activity within our agency?
Yes, title to excess personal property furnished to a non-appropriated fund activity remains with the Federal Government and you are accountable for establishing controls over the use of such excess property in accordance with § 102-36.45(d). When such property is no longer required by the non-appropriated fund activity, you must reuse or dispose of the property in accordance with this part.
§ 102-36.170   May we transfer personal property owned by one of our non-appropriated fund activities?
Property purchased by a non-appropriated fund activity is not federal property. A non-appropriated fund activity has the option of making its privately owned personal property available for transfer to a federal agency, usually with reimbursement. If such reimbursable personal property is not transferred to another federal agency, it may be offered for sale. Such property is not available for donation.
§ 102-36.175   Are there restrictions to acquiring excess personal property for use by our contractors?
Yes, you may acquire and furnish excess personal property for use by your contractors subject to the criteria and restrictions in the Federal Acquisition Regulation (48 CFR part 45). When such property is no longer needed by your contractors or your agency, you must dispose of the excess personal property in accordance with the provisions of this part.
§ 102-36.180   Is there any limitation/condition to acquiring excess personal property for use by cooperatives?
Yes, you must limit the total dollar amount of property transfers (in terms of original acquisition cost) to the dollar value of the cooperative agreement. For any transfers in excess of such amount, you must ensure that an official of your agency at a level higher than the officer administering the agreement approves the transfer. The federal government retains title to such property, except when provided by specific statutory authority.
§ 102-36.185   What are the requirements for acquiring excess personal property for use by our grantees?
You may furnish excess personal property for use by your grantees only when:
(a) The grantee holds a federally sponsored project grant;
(b) The grantee is a public agency or a nonprofit tax-exempt organization under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501);
(c) The property is for use in connection with the grant; and
(d) You pay 25 percent of the original acquisition cost of the excess personal property, such funds to be deposited into the miscellaneous receipts fund of the U.S. Treasury. Exceptions to paying this 25 percent are provided in § 102-36.190. Title to property vests in the grantee when your agency pays 25 percent of the original acquisition cost.
§ 102-36.190   Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?
No, you may acquire excess personal property for use by a project grantee without paying the 25 percent fee when any of the following conditions apply:
(a) The personal property was originally acquired from excess sources by your agency and has been placed into official use by your agency for at least one year. The federal government retains title to such property.
(b) The property is furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest Service in connection with cooperative state forest fire control programs. The federal government retains title to such property.
(c) The property is furnished by the U.S. Department of Agriculture to state or county extension services or agricultural research cooperatives under 40 U.S.C. 483(d)(2)(E). The federal government retains title to such property.
(d) The property is not needed for donation under part 102-37 of this chapter, and is transferred under section 608 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2358). Title to such property transfers to the grantee. (You need not wait until after the donation screening period when furnishing excess personal property to recipients under the Agency for International Development (AID) Development Loan Program.)
(e) The property is scientific equipment transferred under section 11(e) of the National Science Foundation (NSF) Act of 1950, as amended (42 U.S.C. 1870(e)). GSA will limit such transfers to property within Federal Supply Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and 70. GSA may approve transfers without reimbursement for property under other FSC groups when NSF certifies the item is a component of or related to a piece of scientific equipment or is a difficult-to-acquire item needed for scientific research. Regardless of FSC, GSA will not approve transfers of common-use or general-purpose items without reimbursement. Title to such property transfers to the grantee.
(f) The property is furnished in connection with grants to Indian tribes, as defined in section 3(c) of the Indian Financing Act (24 U.S.C. 1452(c)). Title passage is determined under the authorities of the administering agency.
§ 102-36.195   What type of excess personal property may we furnish to our project grantees?
You may furnish to your project grantees any property, except for consumable items, determined to be necessary and usable for the purpose of the grant. Consumable items are generally not transferable to project grantees. GSA may approve transfers of excess consumable items when adequate justification for the transfer accompanies such requests. For the purpose of this section, “consumable items” are items which are intended for one-time use and are actually consumed in that one time; e.g., drugs, medicines, surgical dressings, cleaning and preserving materials, and fuels.
§ 102-36.200   May we acquire excess personal property for cannibalization purposes by the grantees?
Yes, subject to GSA approval, you may acquire excess personal property for cannibalization purposes. You may be required to provide a supporting statement that indicates disassembly of the item for secondary use has greater benefit than utilization of the item in its existing form and cost savings to the government will result.
§ 102-36.205   Is there a limit to how much excess personal property we may furnish to our grantees?
Yes, you must monitor transfers of excess personal property so the total dollar amount of property transferred (in original acquisition cost) does not exceed the dollar value of the grant. Any transfers above the grant amount must be approved by an official at an administrative level higher than the officer administering the grant.
§ 102-36.210   Why must we report excess personal property to GSA?
You must report excess personal property to promote reuse by the government to enable federal agencies to benefit from the continued use of property already paid for with taxpayers' money, thus minimizing new procurement costs. Reporting excess personal property to GSA helps assure that the information on available excess personal property is accessible and disseminated to the widest range of reuse customers.
§ 102-36.215   How do we report excess personal property?
Report excess personal property as follows:
(a) Electronically submit the data elements required on the Standard Form 120 (SF 120), Report of Excess Personal Property, in a format specified and approved by GSA; or
(b) Submit a paper SF 120 to the regional GSA Personal Property Management office.
§ 102-36.220   Must we report all excess personal property to GSA?
(a) Generally yes, regardless of the condition code, except as authorized in § 102-36.145 for direct transfers or as exempted in paragraph (b) of this section. Report all excess personal property, including excess personal property to which the government holds title but is in the custody of your contractors, cooperatives, or project grantees.
(b) You are not required to report the following types of excess personal property to GSA for screening:
(1) Property determined appropriate for abandonment/destruction (see § 102-36.305).
(2) Non-appropriated fund property (see § 102-36.165).
(3) Foreign excess personal property (see § 102-36.380).
(4) Scrap, except aircraft in scrap condition.
(5) Perishables, defined for the purposes of this section as any personal property subject to spoilage or decay.
(6) Trading stamps and bonus goods.
(7) Hazardous waste.
(8) Controlled substances.
(9) Nuclear Regulatory Commission-controlled materials.
(10) Property dangerous to public health and safety.
(11) Classified items or property determined to be sensitive for reasons of national security.
(c) Refer to part 101-42 of this title for additional guidance on the disposition of classes of property under paragraphs (b)(7) through (b)(11) of this section.
§ 102-36.225   Must we report excess related personal property?
Yes, you must report excess related personal property to the Office of Real Property, GSA, in accordance with part 102-75 of this chapter.
§ 102-36.230   Where do we send the reports of excess personal property?
(a) You must direct electronic submissions of excess personal property to GSAXcess ® maintained by the Property Management Division (FBP), GSA, Washington, DC 20406.
(b) For paper submissions, you must send the SF 120 to the regional GSA Personal Property Management office for the region in which the property is located. For the categories of property listed in § 102-36.125(b), forward the SF 120 to the corresponding regions.
§ 102-36.235   What information do we provide when reporting excess personal property?
(a) You must provide the following data on excess personal property:
(1) The reporting agency and the property location.
(2) A report number (6-digit activity address code and 4-digit Julian date).
(3) 4-digit Federal Supply Class (use National Stock Number whenever available).
(4) Description of item, in sufficient detail.
(5) Quantity and unit of issue.
(6) Disposal Condition Code (see § 102-36.240).
(7) Original acquisition cost per unit and total cost (use estimate if original cost not available).
(8) Manufacturer, date of manufacture, part and serial number, when required by GSA.
(b) In addition, provide the following information on your report of excess, when applicable:
(1) Major parts/components that are missing.
(2) If repairs are needed, the type of repairs.
(3) Special requirements for handling, storage, or transportation.
(4) The required date of removal due to moving or space restrictions.
(5) If reimbursement is required, the authority under which the reimbursement is requested, the amount of reimbursement and the appropriate fund code to which money is to be deposited.
(6) If you will conduct the sale of personal property that is not transferred or donated.
§ 102-36.240   What are the disposal condition codes?
The disposal condition codes are contained in the following table:
§ 102-36.245   Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?
Yes, you are accountable for the excess personal property until the time it is picked up by the designated recipient or its agent. You are responsible for all care and handling charges while the excess personal property is going through the screening and disposal process.
§ 102-36.250   Does GSA ever take physical custody of excess personal property?
Generally you retain physical custody of the excess personal property prior to its final disposition. Very rarely GSA may consider accepting physical custody of excess personal property. Under special circumstances, GSA may take custody or may direct the transfer of partial or total custody to other executive agencies, with their consent.
§ 102-36.255   What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?
Contact your regional GSA Personal Property Management office for any existing interagency agreements that would allow you to turn in excess personal property to a federal facility. You are responsible for any turn in costs and all costs related to transporting the excess personal property to these facilities.
§ 102-36.260   How do we promote the expeditious transfer of excess personal property?
For expeditious transfer of excess personal property you should:
(a) Provide complete and accurate property descriptions and condition codes on the report of excess to facilitate the selection of usable property by potential users.
(b) Ensure that any available operating manual, parts list, diagram, maintenance log, or other instructional publication is made available with the property at the time of transfer.
(c) Advise the designated recipient of any special requirements for dismantling, shipping/transportation.
(d) When the excess personal property is located at a facility due to be closed, provide advance notice of the scheduled date of closing, and ensure there is sufficient time for screening and removal of property.
§ 102-36.265   What if there are competing requests for the same excess personal property?
(a) GSA will generally approve transfers on a first-come, first-served basis. When more than one federal agency requests the same item, and the quantity available is not sufficient to meet the demand of all interested agencies, GSA will consider factors such as national defense requirements, emergency needs, avoiding the necessity of a new procurement, energy conservation, transportation costs, and retention of title in the government. GSA will normally give preference to the agency that will retain title in the Government.
(b) Requests for property for the purpose of cannibalization will normally be subordinate to requests for use of the property in its existing form.
§ 102-36.270   What if a federal agency requests personal property that is undergoing donation screening or in the sales process?
Prior to final disposition, GSA will consider requests from authorized federal activities for excess personal property undergoing donation screening or in the sales process. Federal transfers may be authorized prior to removal of the property under a donation or sales action.
§ 102-36.275   May we dispose of excess personal property without GSA approval?
No, you may not dispose of excess personal property without GSA approval except under the following limited situations:
(a) You may transfer to another federal agency excess personal property that has not yet been reported to GSA, under direct transfer procedures contained in § 102-36.145.
(b) You may dispose of excess personal property that is not required to be reported to GSA (see § 102-36.220(b)).
(c) You may dispose of excess personal property without going through GSA when such disposal is authorized by law.
§ 102-36.280   May we withdraw from the disposal process excess personal property that we have reported to GSA?
Yes, you may withdraw excess personal property from the disposal process, but only with the approval of GSA and to 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.
§ 102-36.285   May we charge for personal property transferred to another federal agency?
(a) When any one of the following conditions applies, you may require and retain reimbursement for the excess personal property from the recipient:
(1) Your agency has the statutory authority to require and retain reimbursement for the property.
(2) You are transferring the property under the exchange/sale authority.
(3) You had originally acquired the property with funds not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue. It is current executive branch policy that working capital fund property shall be transferred without reimbursement.
(4) You or the recipient is the U.S. Postal Service.
(5) You or the recipient is the DC Government.
(6) You or the recipient is a wholly owned or mixed-ownership government corporation.
(b) You may charge for direct costs you incurred incident to the transfer, such as packing, loading and shipping of the property. The recipient is responsible for such charges unless you waive the amount involved.
(c) You may not charge for overhead or administrative expenses or the costs for care and handling of the property pending disposition.
§ 102-36.290   How much do we charge for excess personal property on a transfer with reimbursement?
(a) You may require reimbursement in an amount up to the fair market value of the property when the transfer involves property meeting conditions in § 102-36.285(a)(1) through (a)(4).
(b) When you or the recipient is the DC Government or a wholly owned or mixed-ownership Government corporation (§ 102-36.285(a)(5) and (a)(6)), you may only require fair value reimbursement. Fair value reimbursement is 20 percent of the original acquisition cost for new or unused property (i.e., condition code 1), and zero percent for other personal property. A higher fair value may be used if you and the recipient agency agree. Due to special circumstances or the nature of the property, you may use other criteria for establishing fair value if approved or directed by GSA. You must refer any disagreements to the appropriate regional GSA Personal Property Management office.
§ 102-36.295   Is there any reporting requirement on the disposition of excess personal property?
Yes, you must report annually to GSA personal property furnished in any manner in that year to any non-federal recipients, with respect to property obtained as excess or as property determined to be no longer required for the purposes of the appropriation from which it was purchased.
§ 102-36.300   How do we report the furnishing of personal property to non-federal recipients?
(a) Submit your annual report of personal property furnished to non-federal recipients, in letter form, to GSA, Office of Travel, Transportation, and Asset Management (MT), 1800 F Street, NW, Washington, DC 20405, within 90 calendar days after the close of each fiscal year. The report must cover personal property disposed during the fiscal year in all areas within the United States, the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands. Negative reports are required.
(b) The report (interagency report control number 0154—GSA—AN) must reference this part and contain the following:
(1) Names of the non-federal recipients.
(2) Status of the recipients (contractor, cooperative, project grantee, etc.).
(3) Total original acquisition cost of excess personal property furnished to each type of recipient, by type of property (two-digit FSC groups).
§ 102-36.305   May we abandon or destroy excess personal property without reporting it to GSA?
Yes, you may abandon or destroy excess personal property when you have made a written determination that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale. An item has no commercial value when it has neither utility nor monetary value (either as an item or as scrap).
§ 102-36.310   Who makes the determination to abandon or destroy excess personal property?
To abandon or destroy excess personal property, an authorized 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:
(a) You must not abandon or destroy property in a manner which is detrimental or dangerous to public health or safety. Additional guidelines for the abandonment/destruction of hazardous materials are prescribed in part 101-42 of this title.
(b) If you become aware of an interest from an entity in purchasing the property, you must implement sales procedures in lieu of abandonment/destruction.
§ 102-36.320   May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?
In lieu of abandonment/destruction, you may donate such excess personal property only to a public body without going through GSA. A public body is any department, agency, special purpose district, or other instrumentality of a state or local government; any Indian tribe; or any agency of the federal government. If you become aware of an interest from an eligible non-profit organization (see part 102-37 of this chapter) that is not a public body in acquiring the property, you must contact the regional GSA Personal Property Management office and implement donation procedures in accordance with part 102-37 of this chapter.
§ 102-36.325   What must be done before the abandonment/destruction of excess personal property?
Except as provided in § 102-36.330, you must provide public notice of intent to abandon or destroy excess personal property, in a format and timeframe specified by your agency regulations (such as publishing a notice in a local newspaper, posting of signs in common use facilities available to the public, or providing bulletins on your website through the internet). You must also include in the notice an offer to sell in accordance with part 102-38 of this chapter.
§ 102-36.330   Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?
Yes, you are not required to provide public notice when:
(a) The value of the property is so little or the cost of its care and handling, pending abandonment/destruction, is so great that its retention for advertising for sale, even as scrap, is clearly not economical;
(b) Abandonment or destruction is required because of health, safety, or security reasons; or
(c) When the original acquisition cost of the item (estimated if unknown) is less than $500.
§ 102-36.335   Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?
Yes, you must comply with the additional provisions in this subpart when disposing of the types of personal property listed in this subpart.
§ 102-36.340   What must we do when disposing of excess aircraft?
(a) You must report to GSA all excess aircraft, regardless of condition or dollar value, and provide the following information on the SF 120:
(1) Manufacturer, date of manufacture, model, serial number.
(2) Major components missing from the aircraft, such as engines, electronics.
(3) Whether or not the:
(i) Aircraft is operational;
(ii) Data plate is available;
(iii) Historical and maintenance records are available;
(iv) Aircraft has been previously certificated by the Federal Aviation Administration (FAA) and/or has been maintained to FAA airworthiness standards;
(v) Aircraft was previously used for non-flight purposes (i.e., ground training or static display), and has been subjected to extensive disassembly and re-assembly procedures for ground training, or repeated burning for fire-fighting training purposes.
(4) For military aircraft, indicate Category A, B, or C as designated by the Department of Defense (DOD), as follows:
For additional information on military aircraft see Defense Materiel Disposition Manual, DOD 4160.21-M, accessible at www.drms.dla.mil under “Publications.”
(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 (9FBP), San Francisco, CA 94102-3434 prior to releasing the aircraft to the authorized recipient. GSA will forward the data plates to FAA.
(c) You must also submit a report of the final disposition of the aircraft to the Federal Aviation Interactive Reporting System (FAIRS) maintained by the Office of Travel, Transportation, and Asset Management (MT), GSA, 1800 F Street, NW, Washington, DC 20405. For additional instructions on reporting to FAIRS, see part 102-33 of this chapter.
§ 102-36.345   May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?
Yes, you may dispose of excess FSCAP, but first you must determine whether the documentation available is adequate to allow transfer, donation, or sale of the part in accordance with part 102-33, subpart D, of this chapter. Otherwise, you must mutilate undocumented FSCAP that has no traceability to its original equipment manufacturer and dispose of it as scrap. When reporting excess FSCAP, annotate the manufacturer, date of manufacture, part number, serial number, and the appropriate Criticality Code on the SF 120, and ensure that all available historical and maintenance records accompany the part at the time of issue.
§ 102-36.350   How do we identify a FSCAP?
Any aircraft part designated as FSCAP is assigned an alpha Criticality Code, and the code is annotated on the original transfer document when you acquire the part. You must perpetuate the appropriate FSCAP Criticality Code on all personal property records. You may contact the Federal agency or Military service that originally owned the part for assistance in making this determination, or query DOD's Federal Logistics Information System (FLIS) using the National Stock Number (NSN) for the part. For assistance in subscribing to the FLIS service contact the FedLog Consumer Support Office, 800-351-4381.
§ 102-36.355   What are the FSCAP Criticality Codes?
The FSCAP Criticality Codes are contained in the following table:
§ 102-36.360   How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?
When disposing of life-limited aircraft parts that have no FSCAP designation, you must ensure that tags and labels, historical data, and maintenance records accompany the part on any transfers, donations or sales. For additional information regarding the disposal of life-limited parts with or without tags or documentation, refer to part 102-33 of this chapter.
§ 102-36.365   May we transfer or donate canines that have been used in the performance of law enforcement duties?
Yes, under 40 U.S.C. 555, when the canine is no longer needed for law enforcement duties, you may donate the canine to an individual who has experience handling canines in the performance of those official duties.
§ 102-36.370   Are there special requirements concerning the use of excess personal property for disaster relief?
Yes, upon declaration by the President of an emergency or a major disaster, you may loan excess personal property to state and local governments, with or without compensation and prior to reporting it as excess to GSA, to alleviate suffering and damage resulting from any emergency or major disaster (Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121-5206) and Executive Order 12148 (3 CFR, 1979 Comp., p. 412), as amended). If the loan involves property that has already been reported excess to GSA, you may withdraw the item from the disposal process subject to approval by GSA. You may also withdraw excess personal property for use by your agency in providing assistance in disaster relief. You are still accountable for this property and your agency is responsible for developing agencywide procedures for recovery of such property.
§ 102-36.375   May we dispose of excess firearms?
Yes, unless you have specific statutory authority to do otherwise, excess firearms may be transferred only to those Federal agencies authorized to acquire firearms for official use. GSA may donate certain classes of surplus firearms to State and local government activities whose primary function is the 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 donated must be destroyed and sold as scrap. For additional guidance on the disposition of firearms refer to part 101-42 of this title.
§ 102-36.380   Who is responsible for disposing of foreign excess personal property?
Your agency is responsible for disposing of your foreign excess personal property, as provided by chapter 7 of title 40 of the United States Code.
§ 102-36.385   What are our responsibilities in the disposal of foreign excess personal property?
When disposing of foreign excess personal property you must:
(a) Determine whether it is in the interest of the U.S. Government to return foreign excess personal property to the U.S. for further re-use or to dispose of the property overseas.
(b) Ensure that any disposal of property overseas conforms to the foreign policy of the United States and the terms and conditions of any applicable Host Nation Agreement.
(c) Ensure that, when foreign excess personal property is donated or sold overseas, donation/sales conditions include a requirement for compliance with U.S. Department of Commerce and Department of Agriculture regulations when transporting any personal property back to the U.S.
(d) Inform the U.S. State Department of any disposal of property to any foreign governments or entities.
§ 102-36.390   How may we dispose of foreign excess personal property?
To dispose of foreign excess personal property, you may:
(a) Offer the property for re-use by U.S. Federal agencies overseas;
(b) Return the property to the U.S. for re-use by eligible recipients;
(c) Sell, exchange, lease, or transfer such property for cash, credit, or other property;
(d) Donate medical materials or supplies to nonprofit medical or health organizations, including those qualified under sections 214(b) and 607 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2174, 2357); or
(e) Abandon, destroy or donate such property when you determine that it has no commercial value or the estimated cost of care and handling would exceed the estimated proceeds from its sale, in accordance with 40 U.S.C. 527. Abandonment, destruction or donation actions must also comply with the laws of the country in which the property is located.
§ 102-36.395   How may GSA assist us in disposing of foreign excess personal property?
You may request GSA's assistance in the screening of foreign excess personal property for possible re-use by eligible recipients within the U.S. GSA may, after consultation with you, designate property for return to the United States for transfer or donation purposes.
§ 102-36.400   Who pays for the transportation costs when foreign excess personal property is returned to the United States?
When foreign excess property is to be returned to the U.S. for the purpose of an approved transfer or donation under the provisions of 40 U.S.C. 521-529, 549, and 551, the Federal agency, State agency, or donee receiving the property is responsible for all direct costs involved in the transfer, which include packing, handling, crating, and transportation.
§ 102-36.405   May we keep gifts given to us from the public?
If your agency has gift retention authority, you may retain gifts from the public. Otherwise, you must report gifts you receive on a SF 120 to GSA. You must report gifts received from a foreign government in accordance with part 102-42 of this chapter.
§ 102-36.410   How do we dispose of a gift in the form of money or intangible personal property?
Report intangible personal property to GSA, Personal Property Management Division (FBP), Washington, DC 20406. You must not transfer or dispose of this property without prior approval of GSA. The Secretary of the Treasury will dispose of money and negotiable instruments such as bonds, notes, or other securities under the authority of 31 U.S.C. 324.
§ 102-36.415   How do we dispose of gifts other than intangible personal property?
(a) When the gift is offered with the condition that the property be sold and the proceeds used to reduce the public debt, report the gift to the regional GSA Personal Property Management office in which the property is located. GSA will convert the gift to money upon acceptance and deposit the proceeds into a special account of the U.S. Treasury.
(b) When the gift is offered with no conditions or restrictions, and your agency has gift retention authority, you may use the gift for an authorized official purpose without reporting to GSA. The property will then lose its identity as a gift and you must account for it in the same manner as Federal personal property acquired from authorized sources. When the property is no longer needed, you must report it as excess personal property to GSA.
(c) When the gift is offered with no conditions or restrictions, but your agency does not have gift retention authority, you must report it to the regional GSA Personal Property Management office. GSA will offer the property for screening for possible transfer to a federal agency or convert the gift to money and deposit the funds with U.S. Treasury. If your agency is interested in keeping the gift for an official purpose, you must annotate your interest on the SF 120 and also submit a SF 122.
§ 102-36.420   How do we dispose of gifts from foreign governments or entities?
Report foreign gifts on a SF 120 to GSA, Property Management Division (FBP), Washington, DC 20406, for possible transfer, donation or sale in accordance with the provisions of part 102-42 of this chapter.
§ 102-36.425   May we dispose of excess hazardous personal property?
Yes, but only in accordance with part 101-42 of this title. When reporting excess hazardous property to GSA, certify on the SF 120 that the property has been packaged and labeled as required. Annotate any special requirements for handling, storage, or use, and provide a description of the actual or potential hazard.
§ 102-36.430   May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?
You may dispose of excess MLIs/CCLIs only when you comply with the additional disposal and demilitarization (DEMIL) requirements contained in part 101-42 of this title. MLIs may require demilitarization when issued to any non-DoD entity, and will require appropriate licensing when exported from the U.S. CCLIs usually require export licensing when transported from the U.S.
§ 102-36.435   How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?
You identify MLIs/CCLIs requiring demilitarization by the demilitarization code that is assigned to each MLI or CCLI. The code indicates the type and scope of demilitarization and/or export controls that must be accomplished, when required, before issue to any non-DOD activity. For a listing of the codes and additional guidance on DEMIL procedures see DOD Demilitarization and Trade Security Control Manual, DOD 4160.21-M-1.
§ 102-36.440   Are there special procedures for reporting excess printing and binding equipment and supplies?
Yes, in accordance with 44 U.S.C. 312, you must submit reports of excess printing and binding machinery, equipment, materials, and supplies to the Public Printer, Government Printing Office (GPO), Customer Service Manager, 732 North Capitol Street, NW, Washington, DC 20401. If GPO has no requirement for the property, you must then submit the report to GSA.
§ 102-36.445   Do we report excess personal property originally acquired from or through the American National Red Cross?
Yes, when reporting excess personal property which was processed, produced, or donated by the American National Red Cross, note “RED CROSS PROPERTY” on the SF 120 or report document. GSA will offer to return this property to the Red Cross if no other federal agency has a need for it. If the Red Cross has no requirement, the property continues in the disposal process and is available for donation.
§ 102-36.450   Do we report excess shelf-life items?
(a) When there are quantities on hand, that would not be utilized by the expiration date and cannot be returned to the vendor for credit, you must report such expected overage as excess for possible transfer and disposal to ensure maximum use prior to deterioration.
(b) You need not report expired shelf-life items. You may dispose of property with expired shelf-life by abandonment/destruction in accordance with § 102-36.305 and in compliance with Federal, State, and local waste disposal and air and water pollution control standards.
§ 102-36.455   How do we report excess shelf-life items?
You must identify the property as shelf-life items by “SL”, indicate the expiration date, whether the date is the original or an extended date, and if the date is further extendable. GSA may adjust the screening period based on re-use potential and the remaining useful shelf life.
§ 102-36.460   Do we report excess medical shelf-life items held for national emergency purposes?
When the remaining shelf life of any medical materials or supplies held for national emergency purposes is of too short a period to justify their continued retention, you should report such property excess for possible transfer and disposal. You must make such excess determinations at such time as to ensure that sufficient time remains to permit their use before their shelf-life expires and the items are unfit for human use. You must identify such items with “MSL” and the expiration date, and indicate any specialized storage requirements.
§ 102-36.465   May we transfer or exchange excess medical shelf-life items with other federal agencies?
Yes, you may transfer or exchange excess medical shelf-life items held for national emergency purposes with any other federal agency for other medical materials or supplies, without GSA approval and without regard to part 102-39 of this chapter. You and the transferee agency will agree to the terms and prices. You may credit any proceeds derived from such transactions to your agency's current applicable appropriation and use the funds only for the purchase of medical materials or supplies for national emergency purposes.
§ 102-36.470   What must we do when disposing of excess vessels?
(a) When you dispose of excess vessels, you must indicate on the SF 120 the following information:
(1) Whether the vessel has been inspected by the Coast Guard.
(2) Whether testing for hazardous materials has been done. And if so, the result of the testing, specifically the presence or absence of PCB's and asbestos and level of contamination.
(3) Whether hazardous materials clean up is required, and when it will be accomplished by your agency.
(b) In accordance with 40 U.S.C. 548, the Federal Maritime Administration (FMA), Department of Transportation, is responsible for disposing of surplus vessels determined to be merchant vessels or capable of conversion to merchant use and weighing 1,500 gross tons or more. The SF 120 for such vessels shall be forwarded to GSA for submission to FMA.
(c) Disposal instructions regarding vessels in this part do not apply to battleships, cruisers, aircraft carriers, destroyers, or submarines.
§ 102-36.475   What is the authority for transfers under “Computers for Learning”?
(a) The Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3710(i)), authorizes federal agencies to transfer excess education-related federal equipment to educational institutions or nonprofit organizations for educational and research activities. Executive Order 12999 (3 CFR, 1996 Comp., p. 180) requires, to the extent permitted by law and where appropriate, the transfer of computer equipment for use by schools or nonprofit organizations.
(b) Each federal agency is required to identify a point of contact within the agency to assist eligible recipients, and to publicize the availability of such property to eligible communities. Excess education-related equipment may be transferred directly under established agency procedures, or reported to GSA as excess for subsequent transfer to potential eligible recipients as appropriate. You must include transfers under this authority in the annual Non-federal Recipients Report (See § 102-36.295) to GSA.
(c) The “Computers for Learning” website has been developed to streamline the transfer of excess and surplus Federal computer equipment to schools and nonprofit educational organizations. For additional information about this program access the “Computers for Learning” website, http://www.computers.fed.gov.
§ 102-37.5   What does this part cover?
This part covers the donation of surplus Federal personal property located within a State, including foreign excess personal property returned to a State for handling as surplus property. For purposes of this part, the term State includes any of the 50 States, as well as the District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.
§ 102-37.10   What is the primary governing authority for this part?
Section 549 of title 40, United States Code, gives the General Services Administration (GSA) discretionary authority to prescribe the necessary regulations for, and to execute the surplus personal property donation program.
§ 102-37.15   Who must comply with the provisions of this part?
You must comply with this part if you are a holding agency or a recipient of Federal surplus personal property approved by GSA for donation (e.g., a State agency for surplus property (SASP) or a public airport).
§ 102-37.20   How do we request a deviation from this part and who can approve it?
See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.
§ 102-37.25   What definitions apply to this part?
The following definitions apply to this part:
Allocation means the process by which GSA identifies the SASP to receive surplus property on a fair and equitable basis, taking into account the condition of the property as well as the original acquisition cost of the property.
Cannibalization means to remove serviceable parts from one item of equipment in order to install them on another item of equipment.
Donee means any of the following entities that receive Federal surplus personal property through a SASP:
(1) A service educational activity (SEA).
(2) A public agency (as defined in appendix C of this part) which uses surplus personal property to carry out or promote one or more public purposes. (Public airports are an exception and are only considered donees when they elect to receive surplus property through a SASP, but not when they elect to receive surplus property through the Federal Aviation Administration as discussed in subpart F of this part.)
(3) An eligible nonprofit tax-exempt educational or public health institution (including a provider of assistance to homeless or impoverished families or individuals).
(4) A State or local government agency, or a nonprofit organization or institution, that receives funds appropriated for a program for older individuals.
Holding agency means the executive agency having accountability for, and generally possession of, the property involved.
Period of restriction means the period of time for keeping donated property in use for the purpose for which it was donated.
Screening means the process of physically inspecting property or reviewing lists or reports of property to determine whether property is usable or needed for donation purposes.
Service educational activity (SEA) means any educational activity designated by the Secretary of Defense as being of special interest to the armed forces; e.g., maritime academies or military, naval, Air Force, or Coast Guard preparatory schools.
Standard Form (SF) 123, Transfer Order Surplus Personal Property means the document used to request and document the transfer of Federal surplus personal property for donation purposes.
State means one of the 50 States, the District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.
State agency for surplus property (SASP) means the agency designated under State law to receive Federal surplus personal property for distribution to eligible donees within the State as provided for in 40 U.S.C. 549.
Surplus personal property (surplus property) means excess personal property (as defined in § 102-36.40 of this chapter) not required for the needs of any Federal agency, as determined by GSA.
Surplus release date means the date on which Federal utilization screening of excess personal property has been completed, and the property is available for donation.
Transferee means a public airport receiving surplus property from a holding agency through the Federal Aviation Administration, or a SASP.
You, when used in subparts D and E of this part, means SASP, unless otherwise specified.
§ 102-37.30   When does property become available for donation?
Excess personal property becomes available for donation the day following the surplus release date. This is the point at which the screening period has been completed without transfer to a Federal agency or other eligible recipient, and the GSA has determined the property to be surplus.
§ 102-37.35   Who handles the donation of surplus property?
(a) The SASPs handle the donation of most surplus property to eligible donees in their States in accordance with this part.
(b) The GSA handles the donation of surplus property to public airports under a program administered by the Federal Aviation Administration (FAA) (see subpart F of this part). The GSA may also donate to the American National Red Cross surplus property that was originally derived from or through the Red Cross (see subpart G of this part).
(c) Holding agencies may donate surplus property that they would otherwise abandon or destroy directly to public bodies in accordance with subpart H of this part.
§ 102-37.40   What type of surplus property is available for donation?
All surplus property (including property held by working capital funds established under 10 U.S.C. 2208 or in similar funds) is available for donation to eligible recipients, except for property in the following categories:
(a) Agricultural commodities, food, and cotton or woolen goods determined from time to time by the Secretary of Agriculture to be commodities requiring special handling with respect to price support or stabilization.
(b) Property acquired with trust funds (e.g., Social Security Trust Funds).
(c) Non-appropriated fund property.
(d) Naval vessels of the following categories: Battleships, cruisers, aircraft carriers, destroyers, and submarines.
(e) Vessels of 1500 gross tons or more which the Maritime Administration determines to be merchant vessels or capable of conversion to merchant use.
(f) Records of the Federal Government.
(g) Property that requires reimbursement upon transfer (such as abandoned or other unclaimed property that is found on premises owned or leased by the Government).
(h) Controlled substances.
(i) Items as may be specified from time to time by the GSA Office of Governmentwide Policy.
§ 102-37.45   How long is property available for donation screening?
Entities authorized to participate in the donation program may screen property, concurrently with Federal agencies, as soon as the property is reported as excess up until the surplus release date. The screening period is normally 21 calendar days, except as noted in § 102-36.95 of this chapter.
§ 102-37.50   What is the general process for requesting surplus property for donation?
The process for requesting surplus property for donation varies, depending on who is making the request.
(a) Donees should submit their requests for property directly to the appropriate SASP.
(b) SASPs and public airports should submit their requests to the appropriate GSA regional office. Requests must be submitted on a Standard Form (SF) 123, Transfer Order Surplus Personal Property, or its electronic equivalent. Public airports must have FAA certify their transfer requests prior to submission to GSA for approval. GSA may ask SASPs or public airports to submit any additional information required to support and justify transfer of the property.
(c) The American National Red Cross should submit requests to GSA as described in subpart G of this part when obtaining property under the authority of 40 U.S.C. 551.
(d) Public bodies, when seeking to acquire property that is being abandoned or destroyed, should follow rules and procedures established by the donor agency (see subpart H of this part).
§ 102-37.55   Who pays for transportation and other costs associated with a donation?
The receiving organization (the transferee) is responsible for any packing, shipping, or transportation charges associated with the transfer of surplus property for donation. Those costs, in the case of SASPs, may be passed on to donees that receive the property.
§ 102-37.60   How much time does a transferee have to pick up or remove surplus property from holding agency premises?
The transferee (or the transferee's agent) must remove property from the holding agency premises within 15 calendar days after being notified that the property is available for pickup, unless otherwise coordinated with the holding agency. If the transferee decides prior to pickup or removal that it no longer needs the property, it must notify the GSA regional office that approved the transfer request.
§ 102-37.65   What happens to surplus property that has been approved for transfer when the prospective transferee decides it cannot use the property and declines to pick it up?
When a prospective transferee decides it cannot use surplus property that has already been approved for transfer and declines to pick it up, the GSA regional office will advise any other SASP or public airport known to be interested in the property to submit a transfer request. If there is no transfer interest, GSA will release the property for other disposal.
§ 102-37.70   How should a transferee account for the receipt of a larger or smaller number of items than approved by GSA on the SF 123?
When the quantity of property received doesn't agree with that approved by GSA on the SF 123, the transferee should handle the overage or shortage as follows:
1 Submit the SF 123 or shortage report to the GSA approving office within 30 calendar days of the date of transfer.
§ 102-37.75   What should be included in a shortage report?
The shortage report should include:
(a) The name and address of the holding agency;
(b) All pertinent GSA and holding agency control numbers, in addition to the original transfer order number; and
(c) A description of each line item of property, the condition code, the quantity and unit of issue, and the unit and total acquisition cost.
§ 102-37.80   What happens to surplus property that isn't transferred for donation?
Surplus property not transferred for donation is generally offered for sale under the provisions of part 102-38 of this chapter. Under the appropriate circumstances (see § 102-36.305 of this chapter), such property might be abandoned or destroyed.
§ 102-37.85   Can surplus property being offered for sale be withdrawn and approved for donation?
Yes, surplus property being offered for sale may be withdrawn for donation if approved by GSA. GSA will not approve requests for the withdrawal of property that has been advertised or listed on a sales offering if that withdrawal would be harmful to the overall outcome of the sale. GSA will only grant such requests prior to sales award, since an award is binding.
§ 102-37.90   What are GSA's responsibilities in the donation of surplus property?
The General Services Administration (GSA) is responsible for supervising and directing the disposal of surplus personal property. In addition to issuing regulatory guidance for the donation of such property, GSA:
(a) Determines when property is surplus to the needs of the Government;
(b) Allocates and transfers surplus property on a fair and equitable basis to State agencies for surplus property (SASPs) for further distribution to eligible donees;
(c) Oversees the care and handling of surplus property while it is in the custody of a SASP;
(d) Approves all transfers of surplus property to public airports, pursuant to the appropriate determinations made by the Federal Aviation Administration (see subpart F of this part);
(e) Donates to the American National Red Cross property (generally blood plasma and related medical materials) originally provided by the Red Cross to a Federal agency, but that has subsequently been determined surplus to Federal needs (see subpart G of this part);
(f) Approves, after consultation with the holding agency, foreign excess personal property to be returned to the United States for donation purposes;
(g) Coordinates and controls the level of SASP and donee screening at Federal installations;
(h) Imposes appropriate conditions on the donation of surplus property having characteristics that require special handling or use limitations (see § 102-37.455); and
(i) Keeps track of and reports on Federal donation programs (see § 102-37.105).
§ 102-37.95   How will GSA resolve competing transfer requests?
In case of requests from two or more SASPs, GSA will use the allocating criteria in § 102-37.100. When competing requests are received from public airports and SASPs, GSA will transfer property fairly and equitably, based on such factors as need, proposed use, and interest of the holding agency in having the property donated to a specific public airport.
§ 102-37.100   What factors will GSA consider in allocating surplus property among SASPs?
GSA allocates property among the SASPs on a fair and equitable basis using the following factors:
(a) Extraordinary needs caused by disasters or emergency situations.
(b) Requests from the Department of Defense (DOD) for DOD-generated property to be allocated through a SASP for donation to a specific service educational activity.
(c) Need and usability of property, as reflected by requests from SASPs. GSA will also give special consideration to requests transmitted through the SASPs by eligible donees for specific items of property. (Requests for property to be used as is will be given preference over cannibalization requests.)
(d) States in greatest need of the type of property to be allocated where the need is evidenced by a letter of justification from the intended donee.
(e) Whether a SASP has already received similar property in the past, and how much.
(f) Past performance of a SASP in effecting timely pickup or removal of property approved for transfer and making prompt distribution of property to eligible donees.
(g) The property's condition and its original acquisition cost.
(h) Relative neediness of each State based on the State's population and per capita income.
§ 102-37.110   What are a holding agency's responsibilities in the donation of surplus property?
Your donation responsibilities as a holding agency begin when you determine that property is to be declared excess. You must then:
(a) Let GSA know if you have a donee in mind for foreign gift items or airport property, as provided for in §§ 102-37.525 and 102-42.95(h) of this chapter;
(b) Cooperate with all entities authorized to participate in the donation program and their authorized representatives in locating, screening, and inspecting excess or surplus property for possible donation;
(c) Set aside or hold surplus property from further disposal upon notification of a pending transfer for donation; (If GSA does not notify you of a pending transfer within 5 calendar days following the surplus release date, you may proceed with the sale or other authorized disposal of the property.)
(d) Upon receipt of a GSA-approved transfer document, promptly ship or release property to the transferee (or the transferee's designated agent) in accordance with pickup or shipping instructions on the transfer document;
(e) Notify the approving GSA regional office if surplus property to be picked up is not removed within 15 calendar days after you notify the transferee (or its agent) of its availability. (GSA will advise you of further disposal instructions.); and
(f) Perform and bear the cost of care and handling of surplus property pending its disposal, except as provided in § 102-37.115.
§ 102-37.115   May a holding agency be reimbursed for costs incurred incident to a donation?
Yes, you, as a holding agency, may charge the transferee for the direct costs you incurred incident to a donation transfer, such as your packing, handling, crating, and transportation expenses. However, you may not include overhead or administrative costs in these charges.
§ 102-37.120   May a holding agency donate surplus property directly to eligible non-Federal recipients without going through GSA?
Generally, a holding agency may not donate surplus property directly to eligible non-Federal recipients without going through GSA, except for the situations listed in § 102-37.125.
§ 102-37.125   What are some donations that do not require GSA's approval?
(a) Some donations of surplus property that do not require GSA's approval are:
(1) Donations of condemned, obsolete, or other specified material by a military department or the Coast Guard to recipients eligible under 10 U.S.C. 2572, 10 U.S.C. 7306, 10 U.S.C. 7541, 10 U.S.C. 7545, and 14 U.S.C. 641a (see appendix A of this part for details). However, such property must first undergo excess Federal and surplus donation screening as required in this part and part 102-36 of this chapter;
(2) Donations by holding agencies to public bodies under subpart H of this part;
(3) Donations by the Small Business Administration (SBA) to small disadvantaged businesses under 13 CFR part 124 (although collaboration and agreement between the SBA, SASPs, and GSA is encouraged); and
(4) Donations by holding agencies of law enforcement canines to their handlers under 40 U.S.C. 555.
(b) You may also donate property directly to eligible non-Federal recipients under other circumstances if you have statutory authority to do so. All such donations must be included on your annual report to GSA under § 102-36.300 of this chapter.
§ 102-37.130   What are a SASP's responsibilities in the donation of surplus property?
As a SASP, your responsibilities in the donation of surplus property are to:
(a) Determine whether or not an entity seeking to obtain surplus property is eligible for donation as a:
(1) Public agency;
(2) Nonprofit educational or public health institution; or
(3) Program for older individuals.
(b) Distribute surplus property fairly, equitably, and promptly to eligible donees in your State based on their relative needs and resources, and ability to use the property, and as provided in your State plan of operation.
(c) Enforce compliance with the terms and conditions imposed on donated property.
§ 102-37.135   How does a SASP become eligible to distribute surplus property to donees?
In order to receive transfers of surplus property, a SASP must:
(a) Have a GSA-approved State plan of operation; and
(b) Provide the certifications and agreements as set forth in §§ 102-37.200 and 102-37.205.
§ 102-37.140   What is a State plan of operation?
A State plan of operation is a document developed under State law and approved by GSA in which the State sets forth a plan for the management and administration of the SASP in the donation of property.
§ 102-37.145   Who is responsible for developing, certifying, and submitting the plan?
The State legislature must develop the plan. The chief executive officer of the State must submit the plan to the Administrator of General Services for acceptance and certify that the SASP is authorized to:
(a) Acquire and distribute property to eligible donees in the State;
(b) Enter into cooperative agreements; and
(c) Undertake other actions and provide other assurances as are required by 40 U.S.C. 549(e) and set forth in the plan.
§ 102-37.150   What must a State legislature include in the plan?
The State legislature must ensure the plan conforms to the provisions of 40 U.S.C. 549(e) and includes the information and assurances set forth in Appendix B of this part. It may also include in the plan other provisions not inconsistent with the purposes of title 40 of the United States Code and the requirements of this part.
§ 102-37.155   When does a plan take effect?
The plan takes effect on the date GSA notifies the chief executive officer of the State that the plan is approved.
§ 102-37.160   Must GSA approve amendments or modifications to the plan?
Yes, GSA must approve amendments or modifications to the plan.
§ 102-37.165   Do plans or major amendments require public notice?
Yes, proposed plans and major amendments to existing plans require general notice to the public for comment. A State must publish a general notice of the plan or amendment at least 60 calendar days in advance of filing the proposal with GSA and provide interested parties at least 30 calendar days to submit comments before filing the proposal.
§ 102-37.170   What happens if a SASP does not operate in accordance with its plan?
If a SASP does not operate in accordance with its plan, GSA may withhold allocation and transfer of surplus property until the nonconformance is corrected.
§ 102-37.175   How does a SASP find out what property is potentially available for donation?
(a) A SASP may conduct onsite screening at various Federal facilities, contact or submit want lists to GSA, or use GSA's or other agencies' computerized inventory system to electronically search for property that is potentially available for donation (see § 102-36.90 for information on GSAXcess).
(b) For the SASP (or a SASP's representative) to perform onsite screening, the screener must coordinate the onsite visit and screening with the individual holding agency or organization. The screener should ascertain the identification required and any special procedures for access to the facility or location.
§§ 102-37.180--102-37.185   [Reserved]
§ 102-37.190   What records must a SASP maintain on authorized screeners?
You must maintain a current record of all individuals authorized to screen for your SASP, including their names, addresses, telephone numbers, qualifications to screen, and any additional identifying information such as driver's license or social security numbers. In the case of donee screeners, you should place such records in the donee's eligibility file and review for currency each time a periodic review of the donee's file is undertaken.
§ 102-37.195   Does a SASP have to have a donee in mind to request surplus property?
Generally yes, you should have a firm requirement or an anticipated demand for any property that you request.
§ 102-37.200   What certifications must a SASP make when requesting surplus property for donation?
When requesting or applying for property, you must certify that:
(a) You are the agency of the State designated under State law that has legal authority under 40 U.S.C. 549 and GSA regulations, to receive property for distribution within the State to eligible donees as defined in this part.
(b) No person with supervisory or managerial duties in your State's donation program is debarred, suspended, ineligible, or voluntarily excluded from participating in the donation program.
(c) The property is usable and needed within the State by:
(1) A public agency for one or more public purposes.
(2) An eligible nonprofit organization or institution which is exempt from taxation under section 501 of the Internal Revenue Code (26 U.S.C. 501), for the purpose of education or public health (including research for any such purpose).
(3) An eligible nonprofit activity for programs for older individuals.
(4) A service educational activity (SEA), for DOD-generated property only.
(d) When property is picked up by, or shipped to, your SASP, you have adequate and available funds, facilities, and personnel to provide accountability, warehousing, proper maintenance, and distribution of the property.
(e) When property is distributed by your SASP to a donee, or when delivery is made directly from a holding agency to a donee pursuant to a State distribution document, you have determined that the donee acquiring the property is eligible within the meaning of the Property Act and GSA regulations, and that the property is usable and needed by the donee.
§ 102-37.205   What agreements must a SASP make?
With respect to surplus property picked up by or shipped to your SASP, you must agree to the following:
(a) You will make prompt statewide distribution of such property, on a fair and equitable basis, to donees eligible to acquire property under 40 U.S.C. 549 and GSA regulations. You will distribute property only after such eligible donees have properly executed the appropriate certifications and agreements established by your SASP and/or GSA.
(b) Title to the property remains in the United States Government although you have taken possession of it. Conditional title to the property will pass to the eligible donee when the donee executes the required certifications and agreements and takes possession of the property.
(c) You will:
(1) Promptly pay the cost of care, handling, and shipping incident to taking possession of the property.
(2) During the time that title remains in the United States Government, be responsible as a bailee for the property from the time it is released to you or to the transportation agent you have designated.
(3) In the event of any loss of or damage to any or all of the property during transportation or storage at a place other than a place under your control, take the necessary action to obtain restitution (fair market value) for the Government. In the event of loss or damage due to negligence or willful misconduct on your part, repair, replace, or pay to the GSA the fair market value of any such property, or take such other action as the GSA may direct.
(d) You may retain property to perform your donation program functions, but only when authorized by GSA in accordance with the provisions of a cooperative agreement entered into with GSA.
(e) When acting under an interstate cooperative distribution agreement (see § 102-37.335) as an agent and authorized representative of an adjacent State, you will:
(1) Make the certifications and agreements required in § 102-37.200 and this section on behalf of the adjacent SASP.
(2) Require the donee to execute the distribution documents of the State in which the donee is located.
(3) Forward copies of the distribution documents to the corresponding SASP.
(f) You will not discriminate on the basis of race, color, national origin, sex, age, or handicap in the distribution of property, and will comply with GSA regulations on nondiscrimination as set forth in parts 101-4, subparts 101-6.2, and 101-8.3 of this title.
(g) You will not seek to hold the United States Government liable for consequential or incidental damages or the personal injuries, disabilities, or death to any person arising from the transfer, donation, use, processing, or final disposition of this property. The Government's liability in any event is limited in scope to that provided for by the Federal Tort Claims Act (28 U.S.C. 2671, et seq. ).
§ 102-37.210   Must a SASP make a drug-free workplace certification when requesting surplus property for donation?
No, you must certify that you will provide a drug-free workplace only as a condition for retaining surplus property for SASP use. Drug-free workplace certification requirements are found at part 105-68, subpart 105-68.6, of this title.
§ 102-37.215   When must a SASP make a certification regarding lobbying?
You are subject to the anti-lobbying certification and disclosure requirements in part 105-69 of this title when all of the following conditions apply:
(a) You have entered into a cooperative agreement with GSA that provides for your SASP to retain surplus property for use in performing donation functions or any other cooperative agreement.
(b) The cooperative agreement was executed after December 23, 1989.
(c) The fair market value of the property requested under the cooperative agreement is more than $100,000.
§ 102-37.220   Are there special types of surplus property that require written justification when submitting a transfer request?
Yes, a SASP must obtain written justification from the intended donee, and submit it to GSA along with the transfer request, prior to allocation of:
(a) Aircraft and vessels covered by § 102-37.455;
(b) Items requested specifically for cannibalization;
(c) Foreign gifts and decorations (see part 102-42 of this chapter);
(d) Items containing 50 parts per million or greater of polychlorinated biphenyl (see part 101-42 of this title);
(e) Firearms as described in part 101-42 of this title; and
(f) Any item on which written justification will assist GSA in making allocation to States with the greatest need.
§ 102-37.225   What information or documentation must a SASP provide when requesting a surplus aircraft or vessel?
(a) For each SF 123 that you submit to GSA for transfer of a surplus aircraft or vessel covered by § 102-37.455 include:
(1) A letter of intent, signed and dated by the authorized representative of the proposed donee setting forth a detailed plan of utilization for the property (see § 102-37.230 for information a donee has to include in the letter of intent); and
(2) A letter, signed and dated by you, confirming and certifying the applicant's eligibility and containing an evaluation of the applicant's ability to use the aircraft or vessel for the purpose stated in its letter of intent and any other supplemental information concerning the needs of the donee which supports making the allocation.
(b) For each SF 123 that GSA approves, you must include:
(1) Your distribution document, signed and dated by the authorized donee representative; and
(2) A conditional transfer document, signed by you and the intended donee, and containing the special terms and conditions prescribed by GSA.
§ 102-37.230   What must a letter of intent for obtaining surplus aircraft or vessels include?
A letter of intent for obtaining surplus aircraft or vessels must provide:
(a) A description of the aircraft or vessel requested. If the item is an aircraft, the description must include the manufacturer, date of manufacture, model, and serial number. If the item is a vessel, it must include the type, name, class, size, displacement, length, beam, draft, lift capacity, and the hull or registry number, if known;
(b) A detailed description of the donee's program and the number and types of aircraft or vessels it currently owns;
(c) A detailed description of how the aircraft or vessel will be used, its purpose, how often and for how long. If an aircraft is requested for flight purposes, the donee must specify a source of pilot(s) and where the aircraft will be housed. If an aircraft is requested for cannibalization, the donee must provide details of the cannibalization process (time to complete the cannibalization process, how recovered parts are to be used, method of accounting for usable parts, disposition of unsalvageable parts, etc.) If a vessel is requested for waterway purposes, the donee must specify a source of pilot(s) and where the vessel will be docked. If a vessel is requested for permanent docking on water or land, the donee must provide details of the process, including the time to complete the process; and
(d) Any supplemental information (such as geographical area and population served, number of students enrolled in educational programs, etc.) supporting the donee's need for the aircraft or vessel.
§ 102-37.235   What type of information must a SASP provide when requesting surplus property for cannibalization?
When a donee wants surplus property to cannibalize, include the following statement on the SF 123: “Line Item Number(s)___requested for cannibalization.”. In addition to including this statement, provide a detailed justification concerning the need for the components or accessories and an explanation of the effect removal will have on the item. GSA will approve requests for cannibalization only when it is clear from the justification that disassembly of the item for use of its component parts will provide greater potential benefit than use of the item in its existing form.
§ 102-37.240   How must a transfer request for surplus firearms be justified?
To justify a transfer request for surplus firearms, the requesting SASP must obtain and submit to GSA a letter of intent from the intended donee that provides:
(a) Identification of the donee applicant, including its legal name and complete address and the name, title, and telephone number of its authorized representative;
(b) The number of compensated officers with the power to apprehend and to arrest;
(c) A description of the firearm(s) requested;
(d) Details on the planned use of the firearm(s); and
(e) The number and types of donated firearms received during the previous 12 months through any other Federal program.
§ 102-37.245   What must a SASP do to safeguard surplus property in its custody?
To safeguard surplus property in your custody, you must provide adequate protection of property in your custody, including protection against the hazards of fire, theft, vandalism, and weather.
§ 102-37.250   What actions must a SASP take when it learns of damage to or loss of surplus property in its custody?
If you learn that surplus property in your custody has been damaged or lost, you must always notify GSA and notify the appropriate law enforcement officials if a crime has been committed.
§ 102-37.255   Must a SASP insure surplus property against loss or damage?
No, you are not required to carry insurance on Federal surplus property in your custody. However, if you elect to carry insurance and the insured property is lost or damaged, you must submit a check made payable to GSA for any insurance proceeds received in excess of your actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction.
§ 102-37.260   How must a SASP document the distribution of surplus property?
All SASPs must document the distribution of Federal surplus property on forms that are prenumbered, provide for donees to indicate the primary purposes for which they are acquiring property, and include the:
(a) Certifications and agreements in §§ 102-37.200 and 102-37.205; and
(b) Period of restriction during which the donee must use the property for the purpose for which it was acquired.
§ 102-37.265   May a SASP distribute surplus property to eligible donees of another State?
Yes, you may distribute surplus property to eligible donees of another State, if you and the other SASP determine that such an arrangement will be of mutual benefit to you and the donees concerned. Where such determinations are made, an interstate distribution cooperative agreement must be prepared as prescribed in § 102-37.335 and submitted to the appropriate GSA regional office for approval. When acting under an interstate distribution cooperative agreement, you must:
(a) Require the donee recipient to execute the distribution documents of its home SASP; and
(b) Forward copies of executed distribution documents to the donee's home SASP.
§ 102-37.270   May a SASP retain surplus property for its own use?
Yes, you can retain surplus property for use in operating the donation program, but only if you have a cooperative agreement with GSA that allows you to do so. You must obtain prior GSA approval before using any surplus property in the operation of the SASP. Make your needs known by submitting a listing of needed property to the appropriate GSA regional office for approval. GSA will review the list to ensure that it is of the type and quantity of property that is reasonably needed and useful in performing SASP operations. GSA will notify you within 30 calendar days whether you may retain the property for use in your operations. Title to any surplus property GSA approves for your retention will vest in your SASP. You must maintain separate records for such property.
§ 102-37.275   May a SASP accept personal checks and non-official payment methods in payment of service charges?
No, service charge payments must readily identify the donee institution as the payer (or the name of the parent organization when that organization pays the operational expenses of the donee). Personal checks, personal cashier checks, personal money orders, and personal credit cards are not acceptable.
§ 102-37.280   How may a SASP use service charge funds?
Funds accumulated from service charges may be deposited, invested, or used in accordance with State law to:
(a) Cover direct and reasonable indirect costs of operating the SASP;
(b) Purchase necessary equipment for the SASP;
(c) Maintain a reasonable working capital reserve;
(d) Rehabilitate surplus property, including the purchase of replacement parts;
(e) Acquire or improve office or distribution center facilities; or
(f) Pay for the costs of internal and external audits.
§ 102-37.285   May a SASP use service charge funds to support non-SASP State activities and programs?
No, except as provided in § 102-37.495, you must use funds collected from service charges, or from other sources such as proceeds from sale of undistributed property or funds collected from compliance cases, solely for the operation of the SASP and the benefit of participating donees.
§ 102-37.290   What must a SASP do with surplus property it cannot donate?
(a) As soon as it becomes clear that you cannot donate the surplus property, you should first determine whether or not the property is usable.
(1) If you determine that the undistributed surplus property is not usable, you should seek GSA approval to abandon or destroy the property in accordance with § 102-37.320.
(2) If you determine that the undistributed surplus property is usable, you should immediately offer it to other SASPs. If other SASPs cannot use the property, you should promptly report it to GSA for redisposal (i.e., disposition through retransfer, sale, or other means).
(b) Normally, any property not donated within a 1-year period should be processed in this manner.
§ 102-37.295   Must GSA approve a transfer between SASPs?
Yes, the requesting SASP must submit a SF 123, Transfer Order Surplus Personal Property, to the GSA regional office in which the releasing SASP is located. GSA will approve or disapprove the request within 30 calendar days of receipt of the transfer order.
§ 102-37.300   What information must a SASP provide GSA when reporting unneeded usable property for disposal?
When reporting unneeded usable property that is not required for transfer to another SASP, provide GSA with the:
(a) Best possible description of each line item of property, its current condition code, quantity, unit and total acquisition cost, State serial number, demilitarization code, and any special handling conditions;
(b) Date you received each line item of property listed; and
(c) Certification of reimbursement requested under § 102-37.315.
§ 102-37.305   May a SASP act as GSA's agent in selling undistributed surplus property (either as usable property or scrap)?
Yes, you may act as GSA's agent in selling undistributed surplus property (either as usable property or scrap) if an established cooperative agreement with GSA permits such an action. You must notify GSA each time you propose to conduct a sale under the cooperative agreement. You may request approval to conduct a sale when reporting the property to GSA for disposal instructions. If no formal agreement exists, you may submit such an agreement at that time for approval.
§ 102-37.310   What must a proposal to sell undistributed surplus property include?
(a) Your request to sell undistributed surplus property must include:
(1) The proposed sale date;
(2) A listing of the property;
(3) Location of the sale;
(4) Method of sale; and
(5) Proposed advertising to be used.
(b) If the request is approved, the GSA regional sales office will provide the necessary forms and instructions for you to use in conducting the sale.
§ 102-37.315   What costs may a SASP recover if undistributed surplus property is retransferred or sold?
(a) When undistributed surplus property is transferred to a Federal agency or another SASP, or disposed of by public sale, you are entitled to recoup:
(1) Direct costs you initially paid to the Federal holding agency, including but not limited to, packing, preparation for shipment, and loading. You will not be reimbursed for actions following receipt of the property, including unloading, moving, repairing, preserving, or storage.
(2) Transportation costs you incurred, but were not reimbursed by a donee, for initially moving the property from the Federal holding agency to your distribution facility or other point of receipt. You must document and certify the amount of reimbursement requested for these costs.
(b) Reimbursable arrangements should be made prior to transfer of the property. In the case of a Federal transfer, GSA will secure agreement of the Federal agency to reimburse your authorized costs, and annotate the amount of reimbursement on the transfer document. You must coordinate and make arrangements for reimbursement when property is transferred to another SASP. If you and the receiving SASP cannot agree on an appropriate reimbursement charge, GSA will determine appropriate reimbursement. The receiving SASP must annotate the reimbursement amount on the transfer document prior to its being forwarded to GSA for approval.
(c) When undistributed property is disposed of by public sale, GSA must approve the amount of sales proceeds you may receive to cover your costs. Generally, this will not exceed 50 percent of the total sales proceeds.
§ 102-37.320   Under what conditions may a SASP abandon or destroy undistributed surplus property?
(a) You may abandon or destroy undistributed surplus property when you have made a written finding that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale. The abandonment or destruction finding must be sent to the appropriate GSA regional office for approval. You must include in the finding:
(1) The basis for the abandonment or destruction;
(2) A detailed description of the property, its condition, and total acquisition cost;
(3) The proposed method of destruction (burning, burying, etc.) or the abandonment location;
(4) A statement confirming that the proposed abandonment or destruction will not be detrimental or dangerous to public health or safety and will not infringe on the rights of other persons; and
(5) The signature of the SASP director requesting approval for the abandonment or destruction.
(b) GSA will notify you within 30 calendar days whether you may abandon or destroy the property. GSA will provide alternate disposition instructions if it disapproves your request for abandonment or destruction. If GSA doesn't reply to you within 30 calendar days of notification, the property may be abandoned or destroyed.
§ 102-37.325   With whom and for what purpose(s) may a SASP enter into a cooperative agreement?
Section 549(f) of title 40, United States Code allows GSA, or Federal agencies designated by GSA, to enter into cooperative agreements with SASPs to carry out the surplus property donation program. Such agreements allow GSA, or the designated Federal agencies, to use the SASP's property, facilities, personnel, or services or to furnish such resources to the SASP. For example:
(a) Regional GSA personal property management offices, or designated Federal agencies, may enter into a cooperative agreement to assist a SASP in distributing surplus property for donation. Assistance may include:
(1) Furnishing the SASP with available GSA or agency office space and related support such as office furniture and information technology equipment needed to screen and process property for donation.
(2) Permitting the SASP to retain items of surplus property transferred to the SASP that are needed by the SASP in performing its donation functions (see § 102-37.270).
(b) Regional GSA personal property management offices may help the SASP to enter into agreements with other GSA or Federal activities for the use of Federal telecommunications service or federally-owned real property and related personal property.
(c) A SASP may enter into a cooperative agreement with GSA to conduct sales of undistributed property on behalf of GSA (see § 102-37.305).
§ 102-37.330   Must the costs of providing support under a cooperative agreement be reimbursed by the parties receiving such support?
The parties to a cooperative agreement must decide among themselves the extent to which the costs of the services they provide must be reimbursed. Their decision should be reflected in the cooperative agreement itself. As a general rule, the Economy Act (31 U.S.C. 1535) would require a Federal agency receiving services from a SASP to reimburse the SASP for those services. Since SASPs are not Federal agencies, the Economy Act would not require them to reimburse Federal agencies for services provided by such agencies. In this situation, the Federal agencies would have to determine whether or not their own authorities would permit them to provide services to SASPs without reimbursement. If a Federal agency is reimbursed by a SASP for services provided under a cooperative agreement, it must credit that payment to the fund or appropriation that incurred the related costs.
§ 102-37.335   May a SASP enter into a cooperative agreement with another SASP?
Yes, with GSA's concurrence and where authorized by State law, a SASP may enter into an agreement with an adjacent State to act as its agent and authorized representative in disposing of surplus Federal property. Interstate cooperative agreements may be considered when donees, because of their geographic proximity to the property distribution centers of the adjoining State, could be more efficiently and economically serviced by surplus property facilities in the adjacent State. You and the other SASP must agree to the payment or reimbursement of service charges by the donee and you also must agree to the requirements of § 102-37.205(e).
§ 102-37.340   When may a SASP terminate a cooperative agreement?
You may terminate a cooperative agreement with GSA 60-calendar days after providing GSA with written notice. For other cooperative agreements with other authorized parties, you or the other party may terminate the agreement as mutually agreed. You must promptly notify GSA when such other agreements are terminated.
§ 102-37.345   When must a SASP be audited?
For each year in which a SASP receives $500,000 or more a year in surplus property or other Federal assistance, it must be audited in accordance with the Single Audit Act (31 U.S.C. 7501-7507) as implemented by Office of Management and Budget (OMB) Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations” (for availability see 5 CFR 1310.3). GSA's donation program should be identified by Catalog of Federal Domestic Assistance number 39.003 when completing the required schedule of Federal assistance.
§ 102-37.350   Does coverage under the single audit process in OMB Circular A-133 exempt a SASP from other reviews of its program?
No, although SASPs are covered under the single audit process in OMB Circular A-133, from time to time the Government Accountability Office (GAO), GSA, or other authorized Federal activities may audit or review the operations of a SASP. GSA will notify the chief executive officer of the State of the reasons for a GSA audit. When requested, you must make available financial records and all other records of the SASP for inspection by representatives of GSA, GAO, or other authorized Federal activities.
§ 102-37.355   What obligations does a SASP have to ensure that donees meet Circular A-133 requirements?
SASPs, if they donate $500,000 or more in Federal property to a donee in a fiscal year, must ensure that the donee has an audit performed in accordance with Circular A-133. If a donee receives less than $500,000 in donated property, the SASP is not expected to assume responsibility for ensuring the donee meets audit requirements, beyond making sure the donee is aware that the requirements do exist. It is the donee's responsibility to identify and determine the amount of Federal assistance it has received and to arrange for audit coverage.
§ 102-37.360   What reports must a SASP provide to GSA?
(a) Quarterly report on donations. Submit a GSA Form 3040, State Agency Monthly Donation Report of Surplus Personal Property, to the appropriate GSA regional office by the 25th day of the month following the quarter being reported. (OMB Control Number 3090-0112 has been assigned to this form.) Forms and instructions for completing the form are available from your servicing GSA office.
(b) Additional reports. Make other reports GSA may require to carry out its discretionary authority to transfer surplus personal property for donation and to report to the Congress on the status and progress of the donation program.
§ 102-37.365   What steps must a SASP take if the State decides to liquidate the agency?
Before suspending operations, a SASP must submit to GSA a liquidation plan that includes:
(a) Reasons for the liquidation;
(b) A schedule for liquidating the agency and the estimated date of termination;
(c) Method of disposing of property on hand under the requirements of this part;
(d) Method of disposing of the agency's physical and financial assets;
(e) Retention of all available records of the SASP for a 2-year period following liquidation; and
(f) Designation of another governmental entity to serve as the agency's successor in function until continuing obligations on property donated prior to the closing of the agency are fulfilled.
§ 102-37.370   Do liquidation plans require public notice?
Yes, a liquidation plan constitutes a major amendment of a SASP's plan of operation and, as such, requires public notice.
§ 102-37.375   How is the pronoun “you” used in this subpart?
The pronoun “you,” when used in this subpart, refers to the State agency for surplus property (SASP).
§ 102-37.380   What is the statutory authority for donations of surplus Federal property made under this subpart?
The following statutes provide the authority to donate surplus Federal property to different types of recipients:
(a) Section 549(d) of title 40, United States Code authorizes surplus property under the control of the Department of Defense (DOD) to be donated, through SASPs, to educational activities which are of special interest to the armed services (referred to in this part 102-37 as service educational activities or SEAs).
(b) Section 549(c)(3) of title 40, United States Code authorizes SASPs to donate surplus property to public agencies and to nonprofit educational or public health institutions, such as:
(1) Medical institutions.
(2) Hospitals.
(3) Clinics.
(4) Health centers.
(5) Drug abuse or alcohol treatment centers.
(6) Providers of assistance to homeless individuals.
(7) Providers of assistance to impoverished families and individuals.
(8) Schools.
(9) Colleges.
(10) Universities.
(11) Schools for the mentally disabled.
(12) Schools for the physically disabled.
(13) Child care centers.
(14) Radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations.
(15) Museums attended by the public.
(16) Libraries, serving free all residents of a community, district, State or region.
(17) Historic light stations as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7(e)(2)), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public.
(c) Section 213 of the Older Americans Act of 1965, as amended (42 U.S.C. 3020d), authorizes donations of surplus property to State or local government agencies, or nonprofit organizations or institutions, that receive Federal funding to conduct programs for older individuals.
(d) Section 549(c)(3)(C) of title 40, United States Code authorizes SASPs to donate property to veterans organizations, for purposes of providing services to veterans (as defined in section 101 of title 38). Eligible veterans organizations are those whose:
(1) Membership comprises substantially veterans; and
(2) Representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38.
§ 102-37.385   Who determines if a prospective donee applicant is eligible to receive surplus property under this subpart?
(a) For most public and nonprofit activities, the SASP determines if an applicant is eligible to receive property as a public agency, a nonprofit educational or public health institution, or for a program for older individuals. A SASP may request GSA assistance or guidance in making such determinations.
(b) For applicants that offer courses of instruction devoted to the military arts and sciences, the Defense Department will determine eligibility to receive surplus property through the SASP as a service educational activity or SEA.
§ 102-37.390   What basic criteria must an applicant meet before a SASP can qualify it for eligibility?
To qualify for donation program eligibility through a SASP, an applicant must:
(a) Conform to the definition of one of the categories of eligible entities listed in § 102-37.380 (see appendix C of this part for definitions);
(b) Demonstrate that it meets any approval, accreditation, or licensing requirements for operation of its program;
(c) Prove that it is a public agency or a nonprofit and tax-exempt organization under section 501 of the Internal Revenue Code;
(d) Certify that it is not debarred, suspended, or excluded from any Federal program, including procurement programs; and
(e) Operate in compliance with applicable Federal nondiscrimination statutes.
§ 102-37.395   How can a SASP determine whether an applicant meets any required approval, accreditation, or licensing requirements?
A SASP may accept the following documentation as evidence that an applicant has met established standards for the operation of its educational or health program:
(a) A certificate or letter from a nationally recognized accrediting agency affirming the applicant meets the agency's standards and requirements.
(b) The applicant's appearance on a list with other similarly approved or accredited institutions or programs when that list is published by a State, regional, or national accrediting authority.
(c) Letters from State or local authorities (such as a board of health or a board of education) stating that the applicant meets the standards prescribed for approved or accredited institutions and organizations.
(d) In the case of educational activities, letters from three accredited or State-approved institutions that students from the applicant institution have been and are being accepted.
(e) In the case of public health institutions, licensing may be accepted as evidence of approval, provided the licensing authority prescribes the medical requirements and standards for the professional and technical services of the institution.
(f) The awarding of research grants to the institution by a recognized authority such as the National Institutes of Health, the National Institute of Education, or by similar national advisory council or organization.
§ 102-37.400   What type of eligibility information must a SASP maintain on donees?
In general, you must maintain the records required by your State plan to document donee eligibility (see appendix B of this part). For SEAs, you must maintain separate records that include:
(a) Documentation verifying that the activity has been designated as eligible by DOD to receive surplus DOD property.
(b) A statement designating one or more donee representative(s) to act for the SEA in acquiring property.
(c) A listing of the types of property that are needed or have been authorized by DOD for use in the SEA's program.
§ 102-37.405   How often must a SASP update donee eligibility records?
You must update donee eligibility records as needed, but no less than every 3 years, to ensure that all documentation supporting the donee's eligibility is current and accurate. Annually, you must update files for nonprofit organizations whose eligibility depends on annual appropriations, annual licensing, or annual certification. Particular care must be taken to ensure that all records relating to the authority of donee representatives to receive and receipt for property, or to screen property at Federal facilities, are current.
§ 102-37.410   What must a SASP do if a donee fails to maintain its eligibility status?
If you determine that a donee has failed to maintain its eligibility status, you must terminate distribution of property to that donee, recover any usable property still under Federal restriction (as outlined in § 102-37.465), and take any other required compliance actions.
§ 102-37.415   What should a SASP do if an applicant appeals a negative eligibility determination?
If an applicant appeals a negative eligibility determination, forward complete documentation on the appeal request, including your comments and recommendations, to the applicable GSA regional office for review and coordination with GSA headquarters. GSA's decision will be final.
§ 102-37.420   May a SASP grant conditional eligibility to applicants who would otherwise qualify as eligible donees, but have been unable to obtain approval, accreditation, or licensing because they are newly organized or their facilities are not yet constructed?
You may grant conditional eligibility to such an applicant provided it submits a statement from any required approving, accrediting, or licensing authority confirming it will be approved, accredited, or licensed. Conditional eligibility may be granted for a limited and reasonable time, not to exceed one year.
§ 102-37.425   May a SASP grant conditional eligibility to a not-for-profit organization whose tax-exempt status is pending?
No, under no circumstances may you grant conditional eligibility prior to receiving from the applicant a copy of a letter of determination by the Internal Revenue Service stating that the applicant is exempt from Federal taxation under section 501 of the Internal Revenue Code.
§ 102-37.430   What property can a SASP make available to a donee with conditional eligibility?
You may only make available surplus property that the donee can use immediately. You may not make available property that will only be used at a later date, for example, after the construction of the donee's facility has been completed. If property is provided to the donee with conditional eligibility, and the conditional eligibility lapses (see § 102-37.420), the property must be returned to the SASP for redistribution or disposal.
§ 102-37.435   For what purposes may donees acquire and use surplus property?
A donee may acquire and use surplus property only for the following authorized purposes:
(a) Public purposes. A public agency that acquires surplus property through a SASP must use such property to carry out or to promote one or more public purposes for the people it serves.
(b) Educational and public health purposes, including related research. A nonprofit educational or public health institution must use surplus property for education or public health, including research for either purpose and assistance to the homeless or impoverished. While this does not preclude the use of donated surplus property for a related or subsidiary purpose incident to the institution's overall program, the property may not be used for a nonrelated or commercial purpose.
(c) Programs for older individuals. An entity that conducts a program for older individuals must use donated surplus property to provide services that are necessary for the general welfare of older individuals, such as social services, transportation services, nutrition services, legal services, and multipurpose senior centers.
§ 102-37.440   May donees acquire property for exchange?
No, a donee may not acquire property with the intent to sell or trade it for other assets.
§ 102-37.445   What certifications must a donee make before receiving property?
Prior to a SASP releasing property to a donee, the donee must certify that:
(a) It is a public agency or a nonprofit organization meeting the requirements of the Property Act and/or regulations of GSA;
(b) It is acquiring the property for its own use and will use the property for authorized purposes;
(c) Funds are available to pay all costs and charges incident to the donation;
(d) It will comply with the nondiscrimination regulations issued under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), section 122 of title 40, United States Code, section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688), as amended, and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); and
(e) It isn't currently debarred, suspended, declared ineligible, or otherwise excluded from receiving the property.
§ 102-37.450   What agreements must a donee make?
Before a SASP may release property to a donee, the donee must agree to the following conditions:
(a) The property is acquired on an “as is, where is” basis, without warranty of any kind, and it will hold the Government harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to the donation of the property, its use, or final disposition.
(b) It will return to the SASP, at its own expense, any donated property:
(1) That is not placed in use for the purposes for which it was donated within 1 year of donation; or
(2) Which ceases to be used for such purposes within 1 year after being placed in use.
(c) It will comply with the terms and conditions imposed by the SASP on the use of any item of property having a unit acquisition cost of $5,000 or more and any passenger motor vehicle or other donated item. (Not applicable to SEAs.)
(d) It agrees that, upon execution of the SASP distribution document, it has conditional title only to the property during the applicable period of restriction. Full title to the property will vest in the donee only after the donee has met all of the requirements of this part.
(e) It will comply with conditions imposed by GSA, if any, requiring special handling or use limitations on donated property.
(f) It will use the property for an authorized purpose during the period of restriction.
(g) It will obtain permission from the SASP before selling, trading, leasing, loaning, bailing, cannibalizing, encumbering or otherwise disposing of property during the period of restriction, or removing it permanently for use outside the State.
(h) It will report to the SASP on the use, condition, and location of donated property, and on other pertinent matters as the SASP may require from time to time.
(i) If an insured loss of the property occurs during the period of restriction, GSA or the SASP (depending on which agency has imposed the restriction) will be entitled to reimbursement out of the insurance proceeds of an amount equal to the unamortized portion of the fair market value of the damaged or destroyed item.
§ 102-37.455   On what categories of surplus property has GSA imposed special handling conditions or use limitations?
GSA has imposed special handling or processing requirements on the property discussed in this section. GSA may, on a case-by-case basis, prescribe additional restrictions for handling or using these items or prescribe special processing requirements on items in addition to those listed in this section.
(a) Aircraft and vessels. The requirements of this section apply to the donation of any fixed- or rotary-wing aircraft and donable vessels that are 50 feet or more in length, having a unit acquisition cost of $5,000 or more, regardless of the purpose for which donated. Such aircraft or vessels may be donated to public agencies and eligible nonprofit activities provided the aircraft or vessel is not classified for reasons of national security and any lethal characteristics are removed. The following table provides locations of other policies and procedures governing aircraft and vessels:
(b) Alcohol. (1) When tax-free or specially denatured alcohol is requested for donation, the donee must have a special permit issued by the Assistant Regional Commissioner of the appropriate regional office, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Department of the Justice, in order to acquire the property. Include the ATF use-permit number on the SF 123, Transfer Order Surplus Personal Property.
(2) You may not store tax-free or specially denatured alcohol in SASP facilities. You must make arrangements for this property to be shipped or transported directly from the holding agency to the designated donee.
(c) Hazardous materials, firearms, and property with unsafe or dangerous characteristics. For hazardous materials, firearms, and property with unsafe or dangerous characteristics, see part 101-42 of this title.
(d) Franked and penalty mail envelopes and official letterhead. Franked and penalty mail envelopes and official letterhead may not be donated without the SASP certifying that all Federal Government markings will be obliterated before use.
§ 102-37.460   What special terms and conditions apply to the donation of aircraft and vessels?
The following special terms and conditions apply to the donation of aircraft and vessels:
(a) There must be a period of restriction which will expire after the aircraft or vessel has been used for the purpose stated in the letter of intent (see § 102-37.230) for a period of 5 years, except that the period of restriction for a combat-configured aircraft is in perpetuity.
(b) The donee of an aircraft must apply to the FAA for registration of an aircraft intended for flight use within 30 calendar days of receipt of the aircraft. The donee of a vessel must, within 30 calendar days of receipt of the vessel, apply for documentation of the vessel under applicable Federal, State, and local laws and must record each document with the U.S. Coast Guard at the port of documentation. The donee's application for registration or documentation must include a fully executed copy of the conditional transfer document and a copy of its letter of intent. The donee must provide the SASP and GSA with a copy of the FAA registration (and a copy of its FAA Standard Airworthiness Certificate if the aircraft is to be flown as a civil aircraft) or Coast Guard documentation.
(c) The aircraft or vessel must be used solely in accordance with the executed conditional transfer document and the plan of utilization set forth in the donee's letter of intent, unless the donee has amended the letter, and it has been approved in writing by the SASP and GSA and a copy of the amendment recorded with FAA or the U.S. Coast Guard, as applicable.
(d) In the event any of the terms and conditions imposed by the conditional transfer document are breached, title may revert to the Government. GSA may require the donee to return the aircraft or vessel or pay for any unauthorized disposal, transaction, or use.
(e) If, during the period of restriction, the aircraft or vessel is no longer needed by the donee, the donee must promptly notify the SASP and request disposal instructions. A SASP may not issue disposal instructions without the prior written concurrence of GSA.
(f) Military aircraft previously used for ground instruction and/or static display (Category B aircraft, as designated by DOD) or that are combat-configured (Category C aircraft) may not be donated for flight purposes.
(g) For all aircraft donated for nonflight use, the donee must, within 30 calendar days of receipt of the aircraft, turn over to the SASP the remaining aircraft historical records (except the records of the major components/life limited parts; e.g., engines, transmissions, rotor blades, etc., necessary to substantiate their reuse). The SASP in turn must transmit the records to GSA for forwarding to the FAA.
§ 102-37.465   May a SASP modify or release any of the terms and conditions of donation?
You may alter or grant releases from State-imposed restrictions, provided your State plan of operation sets forth the standards by which such actions will be taken. You may not grant releases from, or amendments or corrections to:
(a) The terms and conditions you are required by the Property Act to impose on the use of passenger motor vehicles and any item of property having a unit acquisition cost of $5,000 or more.
(b) Any special handling condition or use limitation imposed by GSA, except with the prior written approval of GSA.
(c) The statutory requirement that usable property be returned by the donee to the SASP if the property has not been placed in use for the purposes for which it was donated within 1 year of donation or ceases to be used by the donee for those purposes within 1 year of being placed in use, except that:
(1) You may grant authority to the donee to cannibalize property items subject to this requirement when you determine that such action will result in increased use of the property and that the proposed action meets the standards prescribed in your plan of operation.
(2) You may, with the written concurrence of GSA, grant donees:
(i) A time extension to place property into use if the delay in putting the property into use was beyond the control and without the fault or negligence of the donee.
(ii) Authority to trade in one donated item for one like item having similar use potential.
§ 102-37.470   At what point may restrictions be released on property that has been authorized for cannibalization?
Property authorized for cannibalization must remain under the period of restriction imposed by the transfer/distribution document until the proposed cannibalization is completed. Components resulting from the cannibalization, which have a unit acquisition cost of $5,000 or more, must remain under the restrictions imposed by the transfer/distribution document. Components with a unit acquisition cost of less than $5,000 may be released upon cannibalization from the additional restrictions imposed by the State. However, these components must continue to be used or be otherwise disposed of in accordance with this part.
§ 102-37.475   What are the requirements for releasing restrictions on property being considered for exchange?
GSA must consent to the exchange of donated property under Federal restrictions or special handling conditions. The donee must have used the donated item for its acquired purpose for a minimum of 6 months prior to being considered for exchange, and it must be demonstrated that the exchange will result in increased utilization value to the donee. As a condition of approval of the exchange, the item being exchanged must have remained in compliance with the terms and conditions of the donation. Otherwise, § 102-37.485 applies. The item acquired by the donee must be:
(a) Made subject to the period of restriction remaining on the item exchanged; and
(b) Of equal or greater value than the item exchanged.
§ 102-37.480   What must a SASP do to ensure that property is used for the purpose(s) for which it was donated?
You must conduct utilization reviews, as provided in your plan of operation, to ensure that donees are using surplus property during the period of restriction for the purposes for which it was donated. You must fully document your efforts and report all instances of noncompliance (misuse or mishandling of property) to GSA.
§ 102-37.485   What actions must a SASP take if a review or other information indicates noncompliance with donation terms and conditions?
If a review or other information indicates noncompliance with donation terms and conditions, you must:
(a) Promptly investigate any suspected failure to comply with the conditions of donated property;
(b) Notify GSA immediately where there is evidence or allegation of fraud, wrongdoing by a screener, or nonuse, misuse, or unauthorized disposal or destruction of donated property;
(c) Temporarily defer any further donations of property to any donee to be investigated for noncompliance allegations until such time as the investigation has been completed and:
(1) A determination made that the allegations are unfounded and the deferment is removed.
(2) The allegations are substantiated and the donee is proposed for suspension or debarment; and
(d) Take steps to correct the noncompliance or otherwise enforce the conditions imposed on use of the property if a donee is found to be in noncompliance. Enforcement of compliance may involve:
(1) Ensuring the property is used by the present donee for the purpose for which it was donated.
(2) Recovering the property from the donee for:
(i) Redistribution to another donee within the State;
(ii) Transfer through GSA to another SASP; or
(iii) Transfer through GSA to a Federal agency.
(3) Recovering fair market value or the proceeds of disposal in cases of unauthorized disposal or destruction.
(4) Recovering fair rental value for property in cases where the property has been loaned or leased to an ineligible user or used for an unauthorized purpose.
(5) Disposing of by public sale property no longer suitable, usable, or necessary for donation.
§ 102-37.490   When must a SASP coordinate with GSA on compliance actions?
You must coordinate with GSA before selling or demanding payment of the fair market or fair rental value of donated property that is:
(a) Subject to any special handling condition or use limitation imposed by GSA (see § 102-37.455); or
(b) Not properly used within 1 year of donation or which ceases to be properly used within 1 year of being placed in use.
§ 102-37.495   How must a SASP handle funds derived from compliance actions?
You must handle funds derived from compliance actions as follows:
(a) Enforcement of Federal restrictions. You must promptly remit to GSA any funds derived from the enforcement of compliance involving a violation of any Federal restriction, for deposit in the Treasury of the United States. You must also submit any supporting documentation indicating the source of the funds and essential background information.
(b) Enforcement of State restrictions. You may retain any funds derived from a compliance action involving violation of any State-imposed restriction and use such funds as provided in your State plan of operation.
§ 102-37.500   May a donee receive reimbursement for its donation expenses when unneeded property is returned to the SASP?
When a donee returns unneeded property to a SASP, the donee may be reimbursed for all or part of the initial cost of any repairs required to make the property usable if:
(a) The property is transferred to a Federal agency or sold for the benefit of the U.S. Government;
(b) No breach of the terms and conditions of donation has occurred; and
(c) GSA authorizes the reimbursement.
§ 102-37.505   How does a donee apply for and receive reimbursement for unneeded property returned to a SASP?
If the donee has incurred repair expenses for property it is returning to a SASP and wishes to be reimbursed for them, it will inform the SASP of this. The SASP will recommend for GSA approval a reimbursement amount, taking into consideration the benefit the donee has received from the use of the property and making appropriate deductions for that use.
(a) If this property is subsequently transferred to a Federal agency, the receiving agency will be required to reimburse the donee as a condition of the transfer.
(b) If the property is sold, the donee will be reimbursed from the sales proceeds.
§ 102-37.510   Are there special requirements for donating property to SEAs?
Yes, only DOD-generated property may be donated to SEAs. When donating DOD property to an eligible SEA, SASPs must observe any restrictions the sponsoring Military Service may have imposed on the types of property the SEA may receive.
§ 102-37.515   Do SEAs have a priority over other SASP donees for DOD property?
Yes, SEAs have a priority over other SASP donees for DOD property, but only if DOD requests GSA to allocate surplus DOD property through a SASP for donation to a specific SEA. In such cases, DOD would be expected to clearly identify the items in question and briefly justify the request.
§ 102-37.520   What is the authority for public airport donations?
The authority for public airport donations is 49 U.S.C. 47151. 49 U.S.C. 47151 authorizes executive agencies to give priority consideration to requests from a public airport (as defined in 49 U.S.C. 47102) for the donation of surplus property if the Department of Transportation (DOT) considers the property appropriate for airport purposes and GSA approves the donation.
§ 102-37.525   What should a holding agency do if it wants a public airport to receive priority consideration for excess personal property it has reported to GSA?
A holding agency interested in giving priority consideration to a public airport should annotate its reporting document to make GSA aware of this interest. In an addendum to the document, include the name of the requesting airport, specific property requested, and a brief description of how the airport intends to use the property.
§ 102-37.530   What are FAA's responsibilities in the donation of surplus property to public airports?
In the donation of surplus property to public airports, the Federal Aviation Administration (FAA), acting under delegation from the DOT, is responsible for:
(a) Determining the property requirements of any State, political subdivision of a State, or tax-supported organization for public airport use;
(b) Setting eligibility requirements for public airports and making determinations of eligibility;
(c) Certifying that property listed on a transfer request is desirable or necessary for public airport use;
(d) Advising GSA of FAA officials authorized to certify transfer requests and notifying GSA of any changes in signatory authority;
(e) Determining and enforcing compliance with the terms and conditions under which surplus personal property is transferred for public airport use; and
(f) Authorizing public airports to visit holding agencies for the purpose of screening and selecting property for transfer. This responsibility includes:
(1) Issuing a screening pass or letter of authorization to only those persons who are qualified to screen.
(2) Maintaining a current record (to include names, addresses, and telephone numbers, and additional identifying information such as driver's license or social security numbers) of screeners operating under FAA authority and making such records available to GSA upon request.
(3) Recovering any expired or invalid screener authorizations.
§ 102-37.535   What information must FAA provide to GSA on its administration of the public airport donation program?
So that GSA has information on which to base its discretionary authority to approve the donation of surplus personal property, FAA must:
(a) Provide copies of internal instructions that outline the scope of FAA's oversight program for enforcing compliance with the terms and conditions of transfer; and
(b) Report any compliance actions involving donations to public airports.
§ 102-37.540   What is the authority for donations to the American National Red Cross?
Section 551 of title 40, United States Code authorizes GSA to donate to the Red Cross, for charitable use, such property as was originally derived from or through the Red Cross.
§ 102-37.545   What type of property may the American National Red Cross receive?
The Red Cross may receive surplus gamma globulin, dried plasma, albumin, antihemophilic globulin, fibrin foam, surgical dressings, or other products or materials it processed, produced, or donated to a Federal agency.
§ 102-37.550   What steps must the American National Red Cross take to acquire surplus property?
Upon receipt of information from GSA regarding the availability of surplus property for donation, the Red Cross will:
(a) Have 21 calendar days to inspect the property or request it without inspection; and
(b) Be responsible for picking up property donated to it or arranging and paying for its shipment.
§ 102-37.555   What happens to property the American National Red Cross does not request?
Property the Red Cross declines to request will be offered to SASPs for distribution to eligible donees. If such property is transferred, GSA will require the SASP to ensure that all Red Cross labels or other Red Cross identifications are obliterated or removed from the property before it is used.
§ 102-37.560   What is a public body?
A public body is any department, agency, special purpose district, or other instrumentality of a State or local government; any Indian tribe; or any agency of the Federal Government.
§ 102-37.565   What is the authority for donations to public bodies?
Section 527 of title 40, United States Code authorizes the abandonment, destruction, or donation to public bodies of property which has no commercial value or for which the estimated cost of continued care and handling would exceed the estimated proceeds from its sale.
§ 102-37.570   What type of property may a holding agency donate under this subpart?
Only that property a holding agency has made a written determination to abandon or destroy (see process in part 102-36 of this chapter) may be donated under this subpart. A holding agency may not donate property that requires destruction for health, safety, or security reasons. When disposing of hazardous materials and other dangerous property, a holding agency must comply with all applicable laws and regulations and any special disposal requirements in part 101-42 of this title.
§ 102-37.575   Is there a special form for holding agencies to process donations?
There is no special form for holding agencies to process donations. A holding agency may use any document that meets its agency's needs for maintaining an audit trail of the transaction.
§ 102-37.580   Who is responsible for costs associated with the donation?
The recipient public body is responsible for paying the disposal costs incident to the donation, such as packing, preparation for shipment, demilitarization (as defined in § 102-36.40 of this chapter), loading, and transportation to its site.
§ 102-37.585   In transferring donated surplus vehicles, what is the responsibility of the holding agency?
(a) The holding agency is responsible for preparing Standard Form 97, The United States Government Certificate to Obtain Title to a Vehicle (SF 97) upon notification by GSA that a donee has been identified. The SF 97 may be prepared by GSA if mutually agreed upon by the holding agency and GSA. The holding agency is designated as the “transferor.”
(b) If the holding agency authorizes or requires any other entity, including a contractor or grantee, to complete this SF 97, the holding agency must first ensure compliance with the Paperwork Reduction Act.
(c) The SF 97 is a serially numbered, controlled form, stock number 7540-00-634-4047, which can be obtained by executive agencies from GSA Global Supply or online at www.gsaglobalsupply.gsa.gov. Proper precautions shall be exercised by the agency to prevent blank copies of the SF 97 from being obtained by unauthorized persons.
§ 102-37.590   In transferring donated surplus vehicles, what is the responsibility of the SASP?
The SASP is responsible for facilitating the transfer of the surplus vehicle to the donee in accordance with this part. The SASP should not sign the SF 97 as “transferee” unless the SASP is the donee.
§ 102-37.595   When transferring donated surplus vehicles, what is the responsibility of the donee?
The donee is responsible for processing the SF 97 in accordance with state licensing and titling authorities. The donee signs the SF 97 as “transferee” upon receipt of the surplus motor vehicle. The donee is responsible for notifying the SASP if a SF 97 is not provided by the Government.
§ 102-37.600   When does title to a surplus donated vehicle change hands?
Title to the vehicle rests with the holding agency until the SF 97 is signed by the donee upon receipt of the surplus motor vehicle. (If applicable under the terms of the donation, the title will be conditional until the end of the period of restriction).
§ 102-38.5   What does this part cover?
This part prescribes the policies governing the sale of Federal personal property, including—
(a) Surplus personal property that has completed all required Federal and/or donation screening; and
(b) Personal property to be sold under the exchange/sale authority.
You must follow additional guidelines in 41 CFR parts 101-42 and 101-45 of the Federal Property Management Regulations (FPMR) for the sale of personal property that has special handling requirements or property containing hazardous materials. Additional requirements for the sale of aircraft and aircraft parts are provided in part 102-33 of this chapter.
§ 102-38.10   What is the governing authority for this part?
The authority for the regulations in this part governing the sale of Federal personal property is 40 U.S.C. 541 through 548, 571, 573 and 574.
§ 102-38.15   Who must comply with these sales provisions?
All executive agencies must comply with the provisions of this part. The legislative and judicial branches are encouraged to follow these provisions.
§ 102-38.20   Must an executive agency follow the regulations of this part when selling all personal property?
Generally, yes, an executive agency must follow the regulations of this part when selling all personal property; however—
(a) Materials acquired for the national stockpile or supplemental stockpile, or materials or equipment acquired under section 303 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093) are excepted from this part;
(b) The Maritime Administration, Department of Transportation, has jurisdiction over the disposal of vessels of 1,500 gross tons or more and determined by the Secretary to be merchant vessels or capable of conversion to merchant use;
(c) Sales made by the Secretary of Defense pursuant to 10 U.S.C. 2576 (Sale of Surplus Military Equipment to State and Local Law Enforcement and Firefighting Agencies) are exempt from these provisions;
(d) Foreign excess personal property is exempt from these provisions; and
(e) Agency sales procedures which are mandated or authorized under laws other than Title 40 United States Code are exempt from this part.
§ 102-38.25   To whom do “we”, “you”, and their variants refer?
Unless otherwise indicated, use of pronouns “we”, “you”, and their variants throughout this part refer to the Sales Center responsible for the sale of the property.
§ 102-38.30   How does an executive agency request a deviation from the provisions of this part?
Refer to §§ 102-2.60 through 102-2.110 of this chapter for information on how to obtain a deviation from this part. However, waivers which are distinct from the standard deviation process and specific to the requirements of the Federal Asset Sales (eFAS) initiative milestones (see subpart H of this part) are addressed in § 102-38.360.
§ 102-38.35   What definitions apply to this part?
The following definitions apply to this part:
Bid means a response to an offer to sell that, if accepted, would bind the bidder to the terms and conditions of the contract (including the bid price).
Bidder means any entity that is responding to or has responded to an offer to sell.
Estimated fair market value means the selling agency's best estimate of what the property would be sold for if offered for public sale.
Federal Asset Sales (eFAS) refers to the e-Government initiative to improve the way the Federal Government manages and sells its real and personal property assets. Under this initiative, only an agency designated as a Sales Center (SC) may sell Federal property, unless a waiver has been granted by the eFAS Planning Office in accordance with § 102-38.360. The eFAS initiative is governed and given direction by the eFAS Executive Steering Committee (ESC), with GSA as the managing partner agency.
Federal Asset Sales Planning Office (eFAS Planning Office) refers to the office within GSA assigned responsibility for managing the eFAS initiative.
Holding Agency refers to the agency in possession of personal property eligible for sale under this part.
Identical bids means bids for the same item of property having the same total price.
Migration Plan refers to the document a holding agency prepares to summarize its choice of SC(s) and its plan for migrating agency sales to the SC(s). The format for this document is determined by the eFAS ESC.
Personal property means any property, except real property. For purposes of this part, the term excludes records of the Federal Government, and naval vessels of the following categories:
(1) Battleships;
(2) Cruisers;
(3) Aircraft carriers;
(4) Destroyers; and
(5) Submarines.
Sales Center (SC) means an agency that has been nominated, designated, and approved by the eFAS ESC and the Office of Management and Budget (OMB) as an official sales solution for Federal property. The criteria for becoming an SC, the selection process, and the ongoing SC requirements for posting property for sale to the eFAS portal and reporting sales activity and performance data are established by the eFAS ESC and can be obtained from the eFAS Planning Office at GSA. The eFAS Planning Office may be contacted via e-mail at FASPlanningOffice@gsa.gov. SCs may utilize (and should consider) private sector entities as well as Government activities and are expected to provide exemplary asset management solutions in one or more of the following areas: on-line sales; off-line sales; and sales-related value added services. SCs will enter into agreements with holding agencies to sell property belonging to these holding agencies. A holding agency may employ the services of multiple SCs to maximize efficiencies.
State Agency for Surplus Property (SASP) means the agency designated under State law to receive Federal surplus personal property for distribution to eligible donees within the State as provided for in 40 U.S.C. 549.
State or local government means a State, territory, possession, political subdivision thereof, or tax-supported agency therein.
§ 102-38.40   Who may sell personal property?
An executive agency may sell personal property (including on behalf of another agency when so requested) only if it is a designated Sales Center (SC), or if the agency has received a waiver from the eFAS Planning Office. An SC may engage contractor support to sell personal property. Only a duly authorized agency official may execute the sale award documents and bind the United States.
§ 102-38.45   What are an executive agency's responsibilities in selling personal property?
An executive agency's responsibilities in selling personal property are to—
(a) Ensure the sale complies with the provisions of Title 40 of the U.S. Code, the regulations of this part, and any other applicable laws;
(b) Issue internal guidance to promote uniformity of sales procedures;
(c) Assure that officials designated to conduct and finalize sales are adequately trained;
(d) Be accountable for the care and handling of the personal property prior to its removal by the buyer; and
(e) Adjust your property and financial records to reflect the final disposition.
§ 102-38.50   What must we do when an executive agency suspects violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property?
If an executive agency suspects violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property, the agency must—
(a) Refer the violations to the Inspector General of your agency and/or the Attorney General, Department of Justice, Washington, DC 20530, for further investigation. You must cooperate with and provide evidence concerning the suspected violation or crime to the investigating agency assuming jurisdiction of the matter; and
(b) Submit to the General Services Administration (GSA), Property Management Division (FBP), 1800 F Street, NW., Washington, DC 20406, a report of any compliance investigations concerning such violations. The report must contain information concerning the noncompliance, including the corrective action taken or contemplated, and, for cases referred to the Department of Justice, a copy of the transmittal letter. A copy of each report must be submitted also to GSA, Personal Property Management Policy Division (MTP), 1800 F Street, NW., Washington, DC 20405.
§ 102-38.55   What must we do when selling personal property?
When selling personal property, you must ensure that—
(a) All sales are made after publicly advertising for bids, except as provided for negotiated sales in §§ 102-38.100 through 102-38.125; and
(b) Advertising for bids must permit full and free competition consistent with the value and nature of the property involved.
§ 102-38.60   Who is responsible for the costs of care and handling of the personal property before it is sold?
The holding agency is responsible for the care and handling costs of the personal property until it is removed by the buyer, the buyer's designee, or an SC. The holding agency may request the SC to perform care and handling services in accordance with their agreement. When specified in the terms and conditions of sale, the SC may charge the buyer costs for storage when the buyer is delinquent in removing the property. The amount so charged may only be retained by the holding agency performing the care and handling in accordance with § 102-38.295.
§ 102-38.65   What if we are or the holding agency is notified of a Federal requirement for surplus personal property before the sale is complete?
Federal agencies have first claim to excess or surplus personal property reported to the General Services Administration. When a bona fide need for the property exists and is expressed by a Federal agency, and when no like item(s) are located elsewhere, you or the holding agency must make the property available for transfer to the maximum extent practicable and prior to transfer of title to the property.
§ 102-38.70   May the holding agency abandon or destroy personal property either prior to or after trying to sell it?
(a) Yes, the holding agency may abandon or destroy personal property either prior to or after trying to sell it, but only when an authorized agency official has made a written determination that—
(1) The personal property has no commercial value; or
(2) The estimated cost of continued care and handling would exceed the estimated sales proceeds.
(b) In addition to the provisions in paragraph (a) of this section, see the regulations at §§ 102-36.305 through 102-36.330 of this subchapter B that are applicable to the abandonment or destruction of personal property in general, and excess personal property in particular.
§ 102-38.75   How may we sell personal property?
(a) You will sell personal property upon such terms and conditions as the head of your agency or designee deems proper to promote the fairness, openness, and timeliness necessary for the sale to be conducted in a manner most advantageous to the Government. When you are selling property on behalf of another agency, you must consult with the holding agency to determine any special or unique sales terms and conditions. You must also document the required terms and conditions of each sale, including, but not limited to, the following terms and conditions, as applicable:
(1) Inspection.
(2) Condition and location of property.
(3) Eligibility of bidders.
(4) Consideration of bids.
(5) Bid deposits and payments.
(6) Submission of bids.
(7) Bid price determination.
(8) Title.
(9) Delivery, loading, and removal of property.
(10) Default, returns, or refunds.
(11) Modifications, withdrawals, or late bids.
(12) Requirements to comply with applicable laws and regulations. 41 CFR part 101-42 contains useful guidance addressing many of these requirements. You should also contact your agency's Office of General Counsel or environmental office to identify applicable Federal, State, or local environmental laws and regulations.
(13) Certificate of independent price determinations.
(14) Covenant against contingent fees.
(15) Limitation on Government's liability.
(16) Award of contract.
(b) Standard government forms (e.g., Standard Form 114 series) may be used to document terms and conditions of the sale.
(c) When conducting and completing a sale through electronic media, the required terms and conditions must be included in your electronic sales documentation.
§ 102-38.80   Which method of sale should we use?
(a) You may use any method of sale provided the sale is publicly advertised and the personal property is sold with full and open competition. Exceptions to the requirement for competitive bids for negotiated sales (including fixed price sales) are contained in §§ 102-38.100 through 102-38.125. You must select the method of sale that will bring maximum return at minimum cost, considering factors such as—
(1) Type and quantity of property;
(2) Location of property;
(3) Potential market;
(4) Cost to prepare and conduct the sale;
(5) Available facilities; and
(6) Sales experience of the selling activity.
(b) Methods of sale may include sealed bid sales, spot bid sales, auctions, or negotiated sales and may be conducted at a physical location or through any electronic media that is publicly accessible.
§ 102-38.85   What is a sealed bid sale?
A sealed bid sale is a sale in which bid prices are kept confidential until bid opening. Bids are submitted either electronically or in writing according to formats specified by the selling agency, and all bids are held for public disclosure at a designated time and place.
§ 102-38.90   What is a spot bid sale?
A spot bid sale is a sale where immediately following the offering of the item or lot of property, bids are examined, and awards are made or bids rejected on the spot. Bids are either submitted electronically or in writing according to formats specified by the selling agency, and must not be disclosed prior to announcement of award.
§ 102-38.95   What is an auction?
An auction is a sale where the bid amounts of different bidders are disclosed as they are submitted, providing bidders the option to increase their bids if they choose. Bids are submitted electronically and/or by those physically present at the sale. Normally, the bidder with the highest bid at the close of each bidding process is awarded the property.
§ 102-38.100   What is a negotiated sale?
A negotiated sale is a sale where the selling price is arrived at between the seller and the buyer, subject to obtaining such competition as is feasible under the circumstances.
§ 102-38.105   Under what conditions may we negotiate sales of personal property?
You may negotiate sales of personal property when—
(a) The personal property has an estimated fair market value that does not exceed $15,000;
(b) The disposal will be to a State, territory, possession, political subdivision thereof, or tax-supported agency therein, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation;
(c) Bid prices after advertising are not reasonable and re-advertising would serve no useful purpose;
(d) Public exigency does not permit any delay such as that caused by the time required to advertise a sale;
(e) The sale promotes public health, safety, or national security;
(f) The sale is in the public interest under a national emergency declared by the President or the Congress. This authority may be used only with specific lot(s) of property or for categories determined by the Administrator of General Services for a designated period but not in excess of three months;
(g) Selling the property competitively would have an adverse impact on the national economy, provided that the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation, e.g., sale of large quantities of an agricultural product that impact domestic markets; or
(h) Otherwise authorized by Title 40 of the U.S. Code or other law.
§ 102-38.110   Who approves our determinations to conduct negotiated sales?
The head of your agency (or designee) must approve all negotiated sales of personal property.
§ 102-38.115   What are the specific reporting requirements for negotiated sales?
For negotiated sales of personal property, you must—
(a) In accordance with 40 U.S.C. 545(e), and in advance of the sale, submit to the oversight committees for the General Services Administration (GSA) in the Senate and House, explanatory statements for each sale by negotiation of any personal property with an estimated fair market value in excess of $15,000. You must maintain copies of the explanatory statements in your disposal files. No statement is needed for negotiated sales at fixed price or for any sale made without advertising when authorized by law other than 40 U.S.C. 545; and
(b) Report annually to GSA, Personal Property Management Policy Division (MTP), 1800 F Street, NW., Washington, DC, 20405, within 60 calendar days after the close of each fiscal year, a listing and description of all negotiated sales of personal property with an estimated fair market value in excess of $5,000. You may submit the report electronically or manually (see § 102-38.330).