DATE: September 21, 2001

SUBJECT: Federal Management Regulation (FMR); Replacement of Property Under the Exchange/Sale Authority

SOURCE: Federal Register, September 21, 2001, Vol. 66, No. 184, page 48614

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Final Rule

SYNOPSIS: GSA is updating, streamlining, and clarifying Federal Property Management Regulations (FPMR) Part 101-46, Replacement of Personal Property Pursuant to the Exchange/Sale Authority, then moving it into the new Federal Management Regulation (FMR) as Part 102-39, Replacement of Personal Property Pursuant to the Exchange/Sale Authority.

EDITOR'S NOTE: For more on the proposed rule, see the September 26, 2000, FEDERAL CONTRACTS DISPATCH "Federal Management Regulation (FMR); Replacement of Personal Property Pursuant to the Exchange/Sale Authority."

The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR. Both the FPMR and the FMR are available at http://policyworks.gov/org/main/mv/fmr/index.htm.

GSA is in the process of updating, reorganizing, streamlining, simplifying, and clarifying the contents of the FPMR, then transferring the contents to the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the CFR. When the transfer is complete, the FMR will contain a refined set of policies and regulatory requirements on managing property and administrative services. Non-regulatory materials (such as guidance, procedures, information and standards) will be available in separate documents, such as customer service guides, handbooks, brochures, Internet websites, and FMR bulletins.

The FMR is written in the "plain language" regulatory style. This style is directed at the reader and uses a question and answer format, active voice, shorter sentences, and pronouns such as "we", "you", and "I".

The conversion from the FPMR to the FMR will take some time, so it will occur incrementally as the regulations are rewritten. Because of this, both the FPMR and the FMR will exist concurrently, and readers will need to refer to both documents to obtain all the related material -- the same content will not appear in both regulations.

EFFECTIVE DATE: September 21, 2001.

FOR FURTHER INFORMATION CONTACT: Rick Bender, Personal Property Management Policy Division (MTP), 202-501-3448.

SUPPLEMENTAL INFORMATION: On September 26, 2000, GSA published a proposed rule to remove FPMR 101-46, then move it to FMR 102-39 and revise it. All that would remain of FPMR 101-46 would be FPMR 101-46.000, Cross-Reference to the Federal Management Regulation (FMR) (41 CFR Chapter 102, Parts 102-1 through 102-220), which would state, "For information on replacement of personal property pursuant to the exchange/sale authority previously contained in this part, see FMR Part 39 (41 CFR Part 102-39)."

In addition to rewriting FPMR 101-46, the rule proposed to make the following changes:

GSA has decided to finalize the proposed rule with minor editorial changes.

The following is the table of contents for FMR 102-39:

Subpart A -- General
     102-39.5How are the terms "I" and "you" used in this part?
     102-39.10What does this part cover?
     102-39.15Why should I use the exchange/sale authority?
     102-39.20What definitions apply to this part?
     102-39.25How do I request a deviation from this part?
Subpart B -- Exchange/Sale Considerations
     102-39.30When should I not use the exchange/sale authority?
     102-39.35How do I determine whether to do an exchange or a sale?
     102-39.40When should I arrange for a reimbursable transfer of exchange/sale property to a Federal agency or other eligible organization, or sell such property to a State Agency for Surplus Property?
     102-39.45What prohibitions apply to the exchange/sale of personal property?
     102-39.50What conditions apply to the exchange/sale of personal property?
     102-39.55What exceptions apply to the necessary conditions for exchange/sale in Sec. 102-39.50?
Subpart C -- Exchange/Sale Methods and Reports
     102-39.60What are the exchange methods?
     102-39.65What are the sales methods?
     102-39.70What are the accounting requirements for the proceeds of sale?
     102-39.75What am I required to report?

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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