65FR31217 Disposition of Excess Personal Property, Part 1/2
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[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.