PART 102-36—DISPOSITION OF
EXCESS PERSONAL PROPERTY
Subpart A—General
Provisions
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
onsite?
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?
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 grantees?
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
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?
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”?
PART 102-36—DISPOSITION OF
EXCESS PERSONAL PROPERTY
Subpart A—General
Provisions
§102-36.5—What is the governing authority for this part?
Section 121(c) of title 40,
United States Code, authorizes the Administrator of General Services to
prescribe regulations as he deems necessary to carry out his functions under subtitle I of title 40. Section 521 of
title 40 authorizes the General Services Administration (GSA) to prescribe
policies to promote the maximum use of excess Government personal property by
executive agencies.
§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
§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.
§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.
§102-36.25—How do we request a deviation from these requirements and
who can approve it?
See §§102-2.60 through 102-2.110
of this chapter to request a deviation from the requirements of this part.
§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.
§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. Title 40 of the United States Code
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 102-38 of this chapter. 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
§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” is
property not excess to the needs of the holding agency but eligible for
replacement, which is exchanged or sold under the provisions of part 102-39 of
this chapter 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
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).
“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, Puerto Rico, the
Federated States of Micronesia, the Marshall Islands, Palau, and 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.
“GSAXcess®”
is GSA’s website for reporting, searching and selecting excess personal
property. For information on using GSAXcess®, access http://www.gsaxcess.gov.
“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.
“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.
“
“Vessels” means ships, boats and
craft designed for navigation in and on the water, propelled by oars or
paddles, sail, or power.
Responsibility
§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.
(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.
§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 title 40 of the United States Code and the Federal
Management Regulation (41 CFR chapter 102), and any other applicable statutes and
regulations when performing these functions.
§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, GSAXcess®, to facilitate the reporting and
transferring 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?
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.
§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 GSAXcess®
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.
§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.
§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 Government corporation as defined in the Government
Corporation Control Act (31 U.S.C. 9101–9110).
§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 §§102-36.75(b)(1) through
(b)(4).
(b) When acquiring excess
personal property for your project grantees (§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 §102-36.190.
(c) When you or the holding
agency is the DC Government or a wholly owned or mixed-ownership Government
corporation (§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.
§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
§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 GSAXcess®,
GSA’s website for searching and selecting excess personal property. For
information on GSAXcess®, access http://www.gsaxcess.gov.
(b) Contact or submit want lists
to regional GSA Personal Property Management offices.
(c) Check any available holding
agency websites.
(d) Conduct on-site screening at
various Federal facilities.
§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).
§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 §102-36.230).
§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
§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.
§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.
§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
§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 (GSAXcess®) 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:
§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.
§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.
§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
§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 §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.
Type of property GSA region Location
Aircraft 9 FBP
Firearms 7 FP-8
Foreign Gifts FBP
Forfeited Property 3 FP Washington,
DC 20407
Standard Forms 7 FMP Ft Worth, TX 76102
Vessels, civilian 4 FD
Vessels, DOD 3 FPD
Subpart C—Acquiring Excess
Personal Property for Non-Federal Recipients
§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.
§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 §102-36.295).
§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
§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 §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.
§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 agency, it may be offered for sale.
Such property is not available for donation.
Contractors
§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
§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
§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 §102-36.190.
Title to property vests in the grantee when your
agency pays 25 percent of the original acquisition cost.
§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 102-37 of this chapter, 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.
§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.
§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.
§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
§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.
§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.
§102-36.220—Must we report all excess personal property to GSA?
(a) Generally yes, regardless of
the condition code, except as authorized in §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 §102-36.305).
(2) Nonappropriated
fund property (see §102-36.165).
(3) Foreign excess personal
property (see §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.
§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 102-75 of this chapter.
§102-36.230—Where do we send the reports of excess personal property?
(a) You must direct electronic
submissions of excess personal property to GSAXcess®
maintained by the Property Management Division (FBP), GSA,
(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 §102-36.125(b), forward the SF 120 to the corresponding regions.
§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
§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: