31218 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 101–43 and 102–36

[FPMR Amendment H–205]

RIN 3090–AF39

Disposition of Excess Personal

Property

AGENCY: Office of Governmentwide

Policy, GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration (GSA) is revising the

Federal Property Management

Regulations (FPMR) by moving coverage

on the disposition of excess personal

property into the Federal Management

Regulation (FMR). A cross-reference is

added to the FPMR to direct readers to

the coverage in the FMR. The FMR is

written in plain language to provide

agencies with updated regulatory

material that is easy to read and

understand.

EFFECTIVE DATE: May 30, 2000.

FOR FURTHER INFORMATION CONTACT:

Martha Caswell, Director, Personal

Property Management Policy Division

(MTP), 202–501–3828.

SUPPLEMENTARY INFORMATION:

A. Background

The purpose of this final rule is to

update, streamline, and clarify FPMR

part 101–43 and move the part into the

Federal Management Regulation (FMR).

The proposed rule is written in a plain

language question and answer format.

This style uses an active voice, shorter

sentences, and pronouns. Unless

otherwise indicated in the text, the

pronouns ‘‘we’’, ‘‘you’’, and their

variants refer to the agency. A question

and its answer combine to establish a

rule. The employee and the agency must

follow the language contained in both

the question and its answer.

GSA has removed the term ‘‘Trust

Territory of the Pacific Islands’’ from the

definition of ‘‘foreign excess personal

property’’ because there are no longer

any entities in the Trust Territory of the

Pacific Islands. As of October 1, 1994,

Palau, the last remaining entity in the

Trust Territory, became a self-governing

sovereign state in free association with

the United States.

A proposed rule was published in the

Federal Register on November 16, 1999

(64 FR 62146). All public comments

received were considered in the

formulation of the final rule.

B. Executive Order 12866

GSA has determined that this final

rule is not a significant rule for the

purposes of Executive Order 12866 of

September 30, 1993.

C. Regulatory Flexibility Act

This final rule is not required to be

published in the Federal Register for

notice and comment; therefore the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq., does not apply.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

not contain any information collection

requirements that require the approval

of the Office of Management and Budget

(OMB) under 44 U.S.C. 3501 et seq.

E. Small Business Regulatory

Enforcement Fairness Act

This final rule is exempt from

Congressional review prescribed under

5 U.S.C. 801 since it relates solely to

agency management and personnel.

List of Subjects in 41 CFR Parts 101–43

and 102–36

Government property management,

Surplus Government property.

For the reasons set forth in the

preamble, GSA amends 41 CFR chapters

101 and 102 as follows:

CHAPTER 101—[AMENDED]

1. Part 101–43 is revised to read as

follows:

PART 101–43—UTILIZATION OF

PERSONAL PROPERTY

Authority: 40 U.S.C. 486(c); Sec. 205(c), 63

Stat. 390.

§ 101–43.000 Cross-reference to the

Federal Management Regulation (FMR) (41

CFR chapter 102, parts 102–1 through 102–

220).

For information on the disposition of

excess personal property previously

contained in this part, see FMR part 36

(41 CFR part 102–36).

CHAPTER 102—[AMENDED]

2. Part 102–36 is added to subchapter

B to read as follows:

PART 102–36—DISPOSITION OF

EXCESS PERSONAL PROPERTY

Subpart A—General Provisions

Sec.

102–36.5 What is the governing authority

for this part?

102–36.10 What does this part cover?

102–36.15 Who must comply with the

provisions of this part?

102–36.20 To whom do ‘‘we’’, ‘‘you’’, and

their variants refer?

102–36.25 How do we request a deviation

from these requirements and who can

approve it?

102–36.30 When is personal property

excess?

102–36.35 What is the typical process for

disposing of excess personal property?

Definitions

102–36.40 What definitions apply to this

part?

Responsibility

102–36.45 What are our responsibilities in

the management of excess personal

property?

102–36.50 May we use a contractor to

perform the functions of excess personal

property disposal?

102–36.55 What is GSA’s role in the

disposition of excess personal property?

Subpart B—Acquiring Excess Personal

Property For Our Agency

Acquiring Excess

102–36.60 Who is eligible to acquire excess

personal property as authorized by the

Property Act?

102–36.65 Why must we use excess

personal property instead of buying new

property?

102–36.70 What must we consider when

acquiring excess personal property?

102–36.75 Do we pay for excess personal

property we acquire from another

Federal agency under a transfer?

102–36.80 How much do we pay for excess

personal property on a transfer with

reimbursement?

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?

Screening of Excess

102–36.90 How do we find out what

personal property is available as excess?

102–36.95 How long is excess personal

property available for screening?

102–36.100 When does the screening

period start for excess personal property?

102–36.105 Who is authorized to screen

and where do we go to screen excess

personal property on-site?

102–36.110 Do we need authorization to

screen excess personal property?

102–36.115 What information must we

include in the authorization form for

non-Federal persons to screen excess

personal property?

102–36.120 What are our responsibilities in

authorizing a non-Federal individual to

screen excess personal property?

Processing Transfers

102–36.125 How do we process a Standard

Form 122 (SF 122), Transfer Order

Excess Personal Property, through GSA?

102–36.130 What are our responsibilities in

processing transfer orders of excess

personal property?

102–36.135 How much time do we have to

pick up excess personal property that

has been approved for transfer?

102–36.140 May we arrange to have the

excess personal property shipped to its

final destination?

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31219

Direct Transfers

102–36.145 May we obtain excess personal

property directly from another Federal

agency without GSA approval?

Subpart C—Acquiring Excess Personal

Property for Non-Federal Recipients

102–36.150 For which non-Federal

activities may we acquire excess

personal property?

102–36.155 What are our responsibilities

when acquiring excess personal property

for use by a non-Federal recipient?

102–36.160 What additional information

must we provide on the SF 122 when

acquiring excess personal property for

non-Federal recipients?

Nonappropriated Fund Activities

102–36.165 Do we retain title to excess

personal property furnished to a

nonappropriated fund activity within

our agency?

102–36.170 May we transfer personal

property owned by one of our

nonappropriated fund activities?

Contractors

102–36.175 Are there restrictions to

acquiring excess personal property for

use by our contractors?

Cooperatives

102–36.180 Is there any limitation/

condition to acquiring excess personal

property for use by cooperatives?

Project Grantees

102–36.185 What are the requirements for

acquiring excess personal property for

use by our grantees?

102–36.190 Must we always pay 25 percent

of the original acquisition cost when

furnishing excess personal property to

project grantees?

102–36.195 What type of excess personal

property may we furnish to our project

grantees?

102–36.200 May we acquire excess personal

property for cannibalization purposes by

the grantee?

102–36.205 Is there a limit to how much

excess personal property we may furnish

to our grantees?

Subpart D—Disposition of Excess Personal

Property

102–36.210 Why must we report excess

personal property to GSA?

Reporting Excess Personal Property

102–36.215 How do we report excess

personal property?

102–36.220 Must we report all excess

personal property to GSA?

102–36.225 Must we report excess related

personal property?

102–36.230 Where do we send the reports

of excess personal property?

102–36.235 What information do we

provide when reporting excess personal

property?

102–36.240 What are the disposal condition

codes?

Disposing of Excess Personal Property

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?

102–36.250 Does GSA ever take physical

custody of excess personal property?

102–36.255 What options do we have when

unusual circumstances do not allow

adequate time for disposal through GSA?

102–36.260 How do we promote the

expeditious transfer of excess personal

property?

102–36.265 What if there are competing

requests for the same excess personal

property?

102–36.270 What if a Federal agency

requests personal property that is

undergoing donation screening or in the

sales process?

102–36.275 May we dispose of excess

personal property without GSA

approval?

102–36.280 May we withdraw from the

disposal process excess personal

property that we have reported to GSA?

Transfers With Reimbursement

102–36.285 May we charge for personal

property transferred to another Federal

agency?

102–36.290 How much do we charge for

excess personal property on a transfer

with reimbursement?

Report of Disposal Activity

102–36.295 Is there any reporting

requirement on the disposition of excess

personal property?

102–36.300 How do we report the

furnishing of personal property to nonFederal recipients?

Abandonment/Destruction

102–36.305 May we abandon or destroy

excess personal property without

reporting it to GSA?

102–36.310 Who makes the determination

to abandon or destroy excess personal

property?

102–36.315 Are there any restrictions to the

use of the abandonment/destruction

authority?

102–36.320 May we transfer or donate

excess personal property that has been

determined appropriate for

abandonment/destruction without GSA

approval?

102–36.325 What must be done before the

abandonment/destruction of excess

personal property?

102–36.330 Are there occasions when

public notice is not needed regarding

abandonment/destruction of excess

personal property?

Subpart E—Personal Property Whose

Disposal Requires Special Handling

102–36.335 Are there certain types of

excess personal property that must be

disposed of differently from normal

disposal procedures?

Aircraft and Aircraft Parts

102–36.340 What must we do when

disposing of excess aircraft?

102–36.345 May we dispose of excess

Flight Safety Critical Aircraft Parts

(FSCAP)?

102–36.350 How do we identify a FSCAP?

102–36.355 What are the FSCAP Criticality

Codes?

102–36.360 How do we dispose of aircraft

parts that are life-limited but have no

FSCAP designation?

Canines, Law Enforcement

102–36.365 May we transfer or donate

canines that have been used in the

performance of law enforcement duties?

Disaster Relief Property

102–36.370 Are there special requirements

concerning the use of excess personal

property for disaster relief?

Firearms

102–36.375 May we dispose of excess

firearms?

Foreign Excess Personal Property

102–36.380 Who is responsible for

disposing of foreign excess personal

property?

102–36.385 What are our responsibilities in

the disposal of foreign excess personal

property?

102–36.390 How may we dispose of foreign

excess personal property?

102–36.395 How may GSA assist us in

disposing of foreign excess personal

property?

102–36.400 Who pays for the transportation

costs when foreign excess personal

property is returned to the United States?

Gifts

102–36.405 May we keep gifts given to us

from the public?

102–36.410 How do we dispose of a gift in

the form of money or intangible personal

property?

102–36.415 How do we dispose of gifts

other than intangible personal property?

102–36.420 How do we dispose of gifts

from foreign governments or entities?

Hazardous Personal Property

102–36.425 May we dispose of excess

hazardous personal property?

Munitions List Items/Commerce Control List

Items (MLIs/CCLIs)

102–36.430 May we dispose of excess

Munitions List Items (MLIs)/Commerce

Control List Items (CCLIs)?

102–36.435 How do we identify Munitions

List Items (MLIs)/Commerce Control List

Items (CCLIs) requiring demilitarization?

Printing Equipment and Supplies

102–36.440 Are there special procedures for

reporting excess printing and binding

equipment and supplies?

Red Cross Property

102–36.445 Do we report excess personal

property originally acquired from or

through the American National Red

Cross?

Shelf-Life Items

102–36.450 Do we report excess shelf-life

items?

31220 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

102–36.455 How do we report excess shelflife items?

102–36.460 Do we report excess medical

shelf-life items held for national

emergency purposes?

102–36.465 May we transfer or exchange

excess medical shelf-life items with

other Federal agencies?

Vessels

102–36.470 What must we do when

disposing of excess vessels?

Subpart F—Miscellaneous Disposition

102–36.475 What is the authority for

transfers under ‘‘Computers for

Learning’’?

Authority: 40 U.S.C. 486(c).

Subpart A—General Provisions

§ 102–36.5 What is the governing authority

for this part?

Section 205(c) of the Federal Property

and Administrative Services Act of

1949, as amended (the Property Act) (40

U.S.C. 486), authorizes the

Administrator of General Services to

prescribe regulations as he deems

necessary to carry out his functions

under the Property Act. Section 202 of

the Property Act (40 U.S.C. 483)

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,

the Commonwealth of Puerto Rico, and

the Commonwealth of 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. The

Property Act 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 101–45 of this

title. 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.

Definitions

§ 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 nonFederal 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 means

property not excess to the needs of the

holding agency but eligible for

replacement, which is exchanged or

sold under the provisions of part 101–

46 of this title 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

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31221

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 his/her direction).

Federal Disposal System (FEDS) is

GSA’s automated excess personal

property system. For additional

information on using FEDS, access

http://pub.fss.gsa.gov/property/.

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, the

Commonwealth of Puerto Rico, and the

Commonwealth of 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.

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.

Property Act means the Federal

Property and Administrative Services

Act of 1949 (63 Stat. 386), as amended.

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.

Responsibility

§ 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.

31222 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

(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 the Property Act 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,

FEDS, to facilitate the reporting and

transferring of excess personal property.

Subpart B—Acquiring Excess Personal

Property For Our Agency

Acquiring Excess

§ 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 his 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 FEDS 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

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31223

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.

Screening of Excess

§ 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 GSA’s automated excess

personal property system FEDS. For

information on FEDS access http://

pub.fss.gsa.gov/property/.

(b) Contact or submit want lists to

regional GSA Personal Property

Management offices.

(c) Check any available holding

agency websites (see http://

www.policyworks.gov/surplus for a list

of Federal 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 nonFederal 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 he/she represents;

(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.

Processing Transfers

§ 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 (FEDS)

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:

Type of property GSA region Location

Aircraft ..................................................................................................................................................... 9 FBP San Francisco, CA 94102.

Firearms .................................................................................................................................................. 7 FP–8 Denver, CO 80225.

Foreign Gifts ........................................................................................................................................... FBP Washington, DC 20406.

Forfeited Property ................................................................................................................................... 3 FP Washington, DC 20407.

31224 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

Type of property GSA region Location

Standard Forms ...................................................................................................................................... 7 FMP Ft. Worth, TX 76102.

Vessels, civilian ....................................................................................................................................... 3 FPD Philadelphia, PA 19107.

Vessels, DOD ......................................................................................................................................... 4 FD Atlanta, GA 30365.

§ 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?

When the holding agency notifies you

that the property is ready for removal,

you normally have 15 calendar days to

pick up the property, unless otherwise

coordinated with the holding agency.

§ 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.

Direct Transfers

§ 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.

Subpart C—Acquiring Excess Personal

Property for Non-Federal Recipients

§ 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

nonappropriated 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 his 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 nonFederal 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 nonFederal 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.

Nonappropriated Fund Activities

§ 102–36.165 Do we retain title to excess

personal property furnished to a

nonappropriated fund activity within our

agency?

Yes, title to excess personal property

furnished to a nonappropriated 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

nonappropriated 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

nonappropriated fund activities?

Property purchased by a

nonappropriated fund activity is not

Federal property. A nonappropriated

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

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31225

agency, it may be offered for sale. Such

property in not available for donation.

Contractors

§ 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.

Cooperatives

§ 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.

Project Grantees

§ 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 101–44 of this title,

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.

Subpart D—Disposition of Excess

Personal Property

§ 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.

Reporting Excess Personal Property

§ 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.

31226 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

§ 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) Nonappropriated 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 Commissioncontrolled 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

101–47 of this title.

§ 102–36.230 Where do we send the

reports of excess personal property?

(a) You must direct electronic

submissions of excess personal property

to the Federal Disposal System (FEDS)

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:

Disposal

condition

code

Definition

1 ................. New. Property which is in new condition or unused condition and can be used immediately without modifications or repairs.

4 ................. Usable. Property which shows some wear, but can be used without significant repair.

7 ................. Repairable. Property which is unusable in its current condition but can be economically repaired.

X ................ Salvage. Property which has value in excess of its basic material content, but repair or rehabilitation is impractical and/or uneconomical.

S ................. Scrap. Property which has no value except for its basic material content.

Disposing of Excess Personal Property

§ 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

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31227

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.

Transfers With Reimbursement

§ 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.

Report of Disposal Activity

§ 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. GSA will

subsequently submit a summary of these

Non-Federal Recipients Reports to

Congress.

§ 102–36.300 How do we report the

furnishing of personal property to nonFederal recipients?

(a) Submit your annual report of

personal property furnished to nonFederal recipients, in letter form, to

GSA, Personal Property Management

Policy Division (MTP), 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, the

Commonwealth of Puerto Rico, and the

Commonwealth of 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).

Abandonment/Destruction

§ 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

31228 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

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

101–44 of this title) 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 101–44 of this

title.

§ 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 101–45 of this

title.

§ 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:

(1) 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;

(2) Abandonment or destruction is

required because of health, safety, or

security reasons; or

(3) When the original acquisition cost

of the item (estimated if unknown) is

less than $500.

Subpart E—Personal Property Whose

Disposal Requires Special Handling

§ 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.

Aircraft and Aircraft Parts

§ 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) Dataplate 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 firefighting training purposes.

(4) For military aircraft, indicate

Category A, B, or C as designated by

DOD, as follows:

Category of

aircraft Description

A .................. Aircraft authorized for sale and exchange for commercial use.

B .................. Aircraft previously used for ground instruction and/or static display.

C .................. Aircraft that are combat configured as determined by DOD.

Note to § 102–36.340(a)(4): 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 dataplate to GSA

Property Management Branch, San

Francisco, California prior to releasing

the aircraft to the authorized recipient.

GSA will forward the dataplates 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

Aircraft Management Policy Division

(MTA), GSA, 1800 F Street, NW,

Washington, DC 20405. For additional

instructions on reporting to FAIRS see

part 101–37 of this title.

§ 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

101–37, subpart 101–37.6, of this title.

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

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31229

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:

FSCAP code Description

E .................. FSCAP specially designed to be or selected as being nuclear hardened.

F .................. Flight Safety Critical Aircraft Part.

§ 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 101–37 of

this title.

Canines, Law Enforcement

§ 102–36.365 May we transfer or donate

canines that have been used in the

performance of law enforcement duties?

Yes, under Public Law 105–27 (111

Stat. 244), 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.

Disaster Relief Property

§ 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

(Disaster Relief Act of 1974 (Public Law

93–288 (42 U.S.C. 5121)) and Executive

Orders 11795 (3 CFR, 1971–1975 Comp.,

p. 887) and 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.

Firearms

§ 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.

Foreign Excess Personal Property

§ 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 title

IV of the Property Act.

§ 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 sec. 402(a) of the

Property Act. 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.

31230 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

§ 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 Sections 202 and 203

of the Property Act, the receiving agency

is responsible for all direct costs

involved in the transfer, which include

packing, handling, crating, and

transportation.

Gifts

§ 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

101–49 of this title.

§ 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, D.C. 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, Personal Property Management

Division (FBP), Washington, DC 20406,

for possible use by your agency, or for

transfer, donation or sale in accordance

with the provisions of part 101–49 of

this title.

Hazardous Personal Property

§ 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.

Munitions List Items/Commerce Control

List Items (MLIs/CCLIs)

§ 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 nonDOD 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.

Printing Equipment and Supplies

§ 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, North Capitol and H Streets,

NW, Washington, DC 20401. If GPO has

no requirement for the property, you

must then submit the report to GSA.

Red Cross Property

§ 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.

Shelf-Life Items

§ 102–36.450 Do we report excess shelflife 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 shelflife 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 reuse 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

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31231

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

101–46 of this title. 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.

Vessels

§ 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 section 203(i)

of the Property Act, 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, and submarines.

Subpart F—Miscellaneous Disposition

§ 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 educationrelated 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 non-profit 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 NonFederal 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.

Dated: April 28, 2000.

David J. Barram,

Administrator of General Services.

[FR Doc. 00–11921 Filed 5–15–00; 8:45 am]

BILLING CODE 6820–24–P