DATE: June 6, 2002
SUBJECT: Federal Management Regulation (FMR); Sale of Personal Property
SOURCE: Federal Register, July 19, 2002, Vol. 67, No. 139, page 47494
AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)
ACTION: Proposed Rule
SYNOPSIS: GSA is proposing to update, streamline, and clarify Federal Property Management Regulations (FPMR) Part 101-45, Sale, Abandonment, or Destruction of Personal Property, then moving it to the Federal Management Regulation (FMR) as Part 102-38, Sale of Personal Property.
EDITOR'S NOTE: 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.
DATES: Comments must be submitted by August 19, 2002.
ADDRESSES: Comments should be submitted to Rodney Lantier, Regulatory Secretariat (MVP), Office of Governmentwide Policy, General Services Administration, 1800 F Street, NW, Washington, DC 20405. Address e-mail comments to: RIN.3090-AH10@gsa.gov.
FOR FURTHER INFORMATION CONTACT: Robert Holcombe, Director, Personal Property Management Policy Division (MTP), 202-501-3828.
SUPPLEMENTAL INFORMATION: The following are the major changes that would be made by this proposed rule to the FPMR and the FMR:
|Subpart A - General Provisions|
|102-38.5||What does this part cover?|
|102-38.10||What is the governing authority for this part?|
|102-38.15||Who must comply with these sales provisions?|
|102-38.20||Must we follow the regulations of this part when selling all personal property?|
|102-38.25||To whom do "we", "you", and their variants refer?|
|102-38.30||How do we request a deviation from the provisions of this part?|
|102-38.35||What definitions apply to this part?|
|102-38.40||Who may sell personal property?|
|102-38.45||What are our responsibilities in selling personal property?|
|102-38.50||What must we do when we suspect non-compliance with the provisions of this part?|
|102-38.55||What must we do when selling personal property?|
|102-38.60||Who is responsible for the costs of care and handling of the personal property before it is sold?|
|102-38.65||What if we are notified of a Federal requirement for surplus personal property before the sale is complete?|
|102-38.70||May we abandon, destroy, or donate personal property either prior to or after trying to sell it?|
|Subpart B - Sales Process|
|Methods of Sale|
|102-38.75||How may we sell personal property?|
|102-38.80||Which method of sale should we use?|
|102-38.85||What is a sealed bid sale?|
|102-38.90||What is a spot bid sale?|
|102-38.95||What is an auction?|
|102-38.100||What is a negotiated sale?|
|102-38.105||Under what conditions may we negotiate sales of personal property?|
|102-38.110||Who approves our determinations to conduct negotiated sales?|
|102-38.115||What are the specific reporting requirements for negotiated sales?|
|102-38.120||When may we sell personal property at fixed prices (fixed price sale)?|
|102-38.125||May we sell personal property at fixed prices to State agencies?|
|102-38.130||Must we publicly advertise sales of Federal personal property?|
|102-38.135||What constitutes a public advertisement?|
|102-38.140||What must we include in the public notice on sale of personal property?|
|102-38.145||Must we allow for inspection of the personal property to be sold?|
|102-38.150||How long is the inspection period?|
|Offer To Sell|
|102-38.155||What is an offer to sell?|
|102-38.160||What must be included in the offer to sell?|
|102-38.165||Are the terms and conditions in the offer to sell binding?|
|Subpart C - Bids
|| Buyer Eligibility|| 102-38.170||May we sell Federal personal property to anyone?|| 102-38.175||How do we find out if a person or entity has been suspended or debarred from doing business with the Government?|| 102-38.180||May we sell Federal personal property to a Federal employee?|| 102-38.185||May we sell Federal personal property to State or local governments?|| Acceptance of Bids|| 102-38.190||What is considered a responsive bid?|| 102-38.195||Must bidders use authorized bid forms?|| 102-38.200||Who may accept bids?|| 102-38.205||Must we accept all bids?|| 102-38.210||What happens when bids have been rejected?|| 102-38.215||When may we disclose the bid results to the public?|| 102-38.220||What must we do when the highest bids received have the same bid amount?|| 102-38.225||What are the additional requirements in the bid process?|| Bid Deposits|| 102-38.230||Is a bid deposit required to buy personal property?|| 102-38.235||What types of payment may we accept as bid deposits?|| 102-38.240||What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid?|| Late Bids|| 102-38.245||Do we consider late bids for award?|| 102-38.250||How do we handle late bids that are not considered?|| Modification or Withdrawal of Bids|| 102-38.255||May we allow a bidder to modify or withdraw a bid?|| Mistakes in Bids|| 102-38.260||Who makes the administrative determinations regarding mistakes in bids?|| 102-38.265||Must we keep records on administrative determinations?|| 102-38.270||May a bidder protest the determinations made on sales of personal property?||Subpart D - Completion of Sale|| Awards|| 102-38.275||To whom do we award the sales contract?|| 102-38.280||What happens when there is no award?|| Transfer of Title|| 102-38.285||How do we transfer title from the Government to the buyer for personal property sold?|| Payments|| 102-38.290||What types of payment may we accept?|| Disposition of Proceeds|| 102-38.295||May we retain sales proceeds?|| 102-38.300||What happens to the remaining portion of the proceeds if we are authorized to retain only a portion of the proceeds from the sale of personal property?|| Disputes|| 102-38.305||How do we handle disputes involved in the sale of Federal personal property?|| 102-38.310||Are we required to use the Disputes clause in the sale of personal property?|| 102-38.315||Are we required to use the Alternative Disputes Resolution for sales contracts?||Subpart E - Other Governing Statutes|| 102-38.320||Are there other statutory requirements governing the sale of Federal personal property?|| Antitrust Requirements|| 102-38.325||What are the requirements pertaining to antitrust laws?||Subpart F - Reporting Requirements|| 102-38.330||Are there any reports that we must submit to GSA?|| 102-38.335||Is there any additional personal property sales information that we must submit to GSA?||Subpart G - Sales to State and Local Governments|| 102-38.340||How may we sell personal property to State and local governments?|| 102-38.345||Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property (SASP) wants to buy it?|| 102-38.350||Are State and local governments subject to the same payment requirements as public buyers?|| 102-38.355||Do the regulations of this part apply to SASPs?|
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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