DATE: August 26, 2003
SUBJECT: Federal Management Regulation (FMR); Sale of Personal Property
SOURCE: Federal Register, August 26, 2003, Vol. 68, No. 165, page 51419
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 101-45, Sale, Abandonment, or Destruction of Personal Property, then moving most of it to the Federal Management Regulation (FMR) as Part 102-38, Sale of Personal Property.
EDITOR'S NOTE: For more on the proposed rule, see the July 19, 2002, FEDERAL CONTRACTS DISPATCH "Federal Management Regulation (FMR); Sale of Personal Property."
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: August 26, 2003.
FOR FURTHER INFORMATION CONTACT: Robert Holcombe, Director, Personal Property Management Policy Division, 202-501-3828.
SUPPLEMENTAL INFORMATION: On July 19, 2002, GSA published a proposed rule to rewrite and simplify FPMR Part 101-45, then move it to FMR as Part 102-38. Based on the comments GSA received on the proposed rule, GSA is adopting the proposed rule as final except for editorial changes, such as retitling various sections. However, the following sections are being retained in FPMR 101-45:
| 101-45.000 | Cross-reference to the Federal Management Regulation (FMR) (41 CFR Chapter 102, Parts 102-1 Through 102-220). (EDITOR'S NOTE: The entire text of FPMR 101-45.000 is, "For information on the sale of personal property previously contained in this part, see FMR Part 38 (41 CFR Part 102-38).") |
| 101-45.001 | Demilitarization and Decontamination |
| 101-45.002 | Gold |
| 101-45.003 | Vehicle Reconditioning |
| 101-45.004 | All Terrain Vehicles |
The following are the contents of the new FMR Part 102-38:
| 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? |
| Definitions | |
| 102-38.35 | What definitions apply to this part? |
| Responsibilities | |
| 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 violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property? |
| 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 or destroy 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? |
| Competitive Sales | |
| 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? |
| Negotiated Sales | |
| 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 conduct negotiated sales of personal property at fixed prices (fixed price sale)? |
| 102-38.125 | May we sell personal property at fixed prices to State agencies? |
| Advertising | |
| 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? |
| Pre-Sale Activities | |
| 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 sales proceeds that we are not authorized to retain or that are unused? |
| 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 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 the General Services Administration? |
| 102-38.335 | Is there any additional personal property sales information that we must submit to the General Services Administration? |
| Subpart G -- Provisions for 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 wants to buy it? |
| 102-38.350 | Are there special provisions for State and local governments regarding negotiated sales? |
| 102-38.355 | Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales? |
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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