[Federal Register: May 16, 2000 (Volume 65, Number 95)]
[Rules and Regulations]
[Page 31217-31231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my00-18]
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Part III
General Services Administration
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41 CFR Parts 101-43 and 102-36
Disposition of Excess Personal Property; Final Rule
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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.
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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.
Sec. 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?
[[Page 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
non-Federal 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?
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102-36.455 How do we report excess shelf-life 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 102-36.25 How do we request a deviation from these requirements
and who can approve it?
See Secs. 102-2.60 through 102-2.110 of this chapter to request a
deviation from the requirements of this part.
Sec. 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.
Sec. 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
Sec. 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 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
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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
Sec. 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.
[[Page 31222]]
(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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
[[Page 31223]]
Government corporation as defined in the Government Corporation Control
Act (31 U.S.C. 9101-9110).
Sec. 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
Sec. 102-36.75(b)(1) through (b)(4).
(b) When acquiring excess personal property for your project
grantees (Sec. 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 Sec. 102-36.190.
(c) When you or the holding agency is the DC Government or a wholly
owned or mixed-ownership Government corporation (Sec. 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.
Sec. 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
Sec. 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.
Sec. 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).
Sec. 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 Sec. 102-36.230).
Sec. 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.
Sec. 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.
Sec. 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 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.
Sec. 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
Sec. 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.
[[Page 31224]]
Standard Forms......................... 7 FMP Ft. Worth, TX 76102.
Vessels, civilian...................... 3 FPD Philadelphia, PA 19107.
Vessels, DOD........................... 4 FD Atlanta, GA 30365.
----------------------------------------------------------------------------------------------------------------
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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 Sec. 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
Sec. 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.
Sec. 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
non-Federal recipients during the year (see Sec. 102-36.295).
Sec. 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.
Nonappropriated Fund Activities
Sec. 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 Sec. 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.
Sec. 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
[[Page 31225]]
agency, it may be offered for sale. Such property in not available for
donation.
Contractors
Sec. 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
Sec. 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
Sec. 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 Sec. 102-36.190. Title to property
vests in the grantee when your agency pays 25 percent of the original
acquisition cost.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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
Sec. 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.
[[Page 31226]]
Sec. 102-36.220 Must we report all excess personal property to GSA?
(a) Generally yes, regardless of the condition code, except as
authorized in Sec. 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 Sec. 102-36.305).
(2) Nonappropriated fund property (see Sec. 102-36.165).
(3) Foreign excess personal property (see Sec. 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.
Sec. 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.
Sec. 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 Sec. 102-
36.125(b), forward the SF 120 to the corresponding regions.
Sec. 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 Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
[[Page 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.
Sec. 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.
Sec. 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.
Sec. 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 Sec. 102-36.145.
(b) You may dispose of excess personal property that is not
required to be reported to GSA (see Sec. 102-36.220(b)).
(c) You may dispose of excess personal property without going
through GSA when such disposal is authorized by law.
Sec. 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
Sec. 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.
Sec. 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 Sec. 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 (Sec. 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
Sec. 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.
Sec. 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, 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
Sec. 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
[[Page 31228]]
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).
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 102-36.325 What must be done before the abandonment/destruction
of excess personal property?
Except as provided in Sec. 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.
Sec. 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
Sec. 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
Sec. 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 fire-fighting 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 Sec. 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.
Sec. 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
[[Page 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.
Sec. 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.
Sec. 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.
------------------------------------------------------------------------
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
[[Page 31230]]
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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)
Sec. 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.
Sec. 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.
Printing Equipment and Supplies
Sec. 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
Sec. 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
Sec. 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 Sec. 102-36.305 and in compliance with Federal, State,
and local waste disposal and air and water pollution control standards.
Sec. 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.
Sec. 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
[[Page 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.
Sec. 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
Sec. 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
Sec. 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 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 Non-
Federal Recipients Report (See Sec. 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