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:
(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.
§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.
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?
Yes, you are accountable for the
excess personal property until the time it is picked up by the designated
recipient or its agent. You are responsible for all care and handling charges while
the excess personal property is going through the screening and disposal
process.
§102-36.250—Does GSA ever take physical custody of excess personal
property?
Generally you retain physical
custody of the excess personal property prior to its final disposition. Very
rarely GSA may consider accepting physical custody of excess personal property. Under special circumstances,
GSA may take custody or may direct the transfer of partial or total custody to other
executive agencies, with their consent.
§102-36.255—What options do we have when unusual circumstances do not
allow adequate time for disposal through GSA?
Contact your regional GSA
Personal Property Management office for any existing interagency agreements
that would allow you to turn in excess personal property to a Federal facility.
You are responsible for any turn-in costs and all costs related to transporting
the excess personal property to these facilities.
§102-36.260—How do we promote the expeditious transfer of excess
personal property?
For expeditious transfer of
excess personal property you should:
(a) Provide complete and
accurate property descriptions and condition codes on the report of excess to
facilitate the selection of usable property by potential users.
(b) Ensure that any available
operating manual, parts list, diagram, maintenance log, or other instructional
publication is made available with the property at the time of transfer.
(c) Advise the designated
recipient of any special requirements for dismantling, shipping/transportation.
(d) When the excess personal
property is located at a facility due to be closed, provide advance notice of
the scheduled date of closing, and ensure there is sufficient time for
screening and removal of property.
§102-36.265—What if there
are competing requests for the same excess personal property?
(a) GSA will generally approve
transfers on a first-come, first-served basis. When more than one Federal
agency requests the same item, and the quantity available is not sufficient to
meet the demand of all interested agencies, GSA will consider factors such as
national defense requirements, emergency needs, avoiding the necessity of a new
procurement, energy conservation, transportation costs, and retention of title
in the Government. GSA will normally give preference to the agency that will
retain title in the Government.
(b) Requests for property for
the purpose of cannibalization will normally be subordinate to requests for use
of the property in its existing form.
§102-36.270—What if a Federal agency requests personal property that is
undergoing donation screening or in the sales process?
Prior to final disposition, GSA
will consider requests from authorized Federal activities for excess personal
property undergoing donation screening or in the sales process. Federal transfers
may be authorized prior to removal of the property under a donation or sales
action.
§102-36.275—May we dispose
of excess personal property without GSA approval?
No, you may not dispose of
excess personal property without GSA approval except under the following
limited situations:
(a) You may transfer to another
Federal agency excess personal property that has not yet been reported to GSA,
under direct transfer procedures contained in §102-36.145.
(b) You may dispose of excess
personal property that is not required to be reported to GSA (see
§102-36.220(b)).
(c) You may dispose of excess
personal property without going through GSA when such disposal is authorized by
law.
§102-36.280—May we withdraw
from the disposal process excess personal property that we have reported to
GSA?
Yes, you may withdraw excess
personal property from the disposal process, but only with the approval of GSA
and to satisfy an internal agency requirement. Property that has been approved for transfer or donation or
offered for sale by GSA may be returned to your control with proper
justification.
Transfers With Reimbursement
§102-36.285—May we charge
for personal property transferred to another Federal agency?
(a) When any one of the
following conditions applies, you may require and retain reimbursement for the
excess personal property from the recipient:
(1) Your agency has the
statutory authority to require and retain reimbursement for the property.
(2) You are transferring the
property under the exchange/sale authority.
(3) You had originally acquired
the property with funds not appropriated from the general fund of the Treasury
or appropriated therefrom but by law reimbursable
from assessment, tax, or other revenue. It is
current executive branch policy that working capital fund property shall be
transferred without reimbursement.
(4) You or the recipient is the
U.S. Postal Service.
(5) You or the recipient is the
DC Government.
(6) You or the recipient is a
wholly owned or mixed-ownership Government corporation.
(b) You may charge for direct
costs you incurred incident to the transfer, such as packing, loading and shipping
of the property. The recipient is responsible for such charges unless you waive the amount involved.
(c) You may not charge for
overhead or administrative expenses or the costs for care and handling of the
property pending disposition.
§102-36.290—How much do we
charge for excess personal property on a transfer with reimbursement?
(a) You may require
reimbursement in an amount up to the fair market value of the property when the
transfer involves property meeting conditions in §§102-36.285(a)(1) through (a)(4).
(b) When you or the recipient is
the DC Government or a wholly owned or mixed-ownership Government corporation (§§102-36.285(a)(5) and (a)(6)), you may only require 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. A higher fair value may be used if you and
the recipient agency agree. Due to special
circumstances or the nature of the property, you 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.
Report of Disposal Activity
§102-36.295—Is there any reporting requirement on the disposition of
excess personal property?
Yes, you must report annually to
GSA personal property furnished in any manner in that year to any non-Federal
recipients, with respect to property obtained as excess or as property determined
to be no longer required for the purposes of the appropriation from which it
was purchased.
§102-36.300—How do we report the furnishing of personal property to
non-Federal recipients?
(a) Submit your annual report of
personal property furnished to non-Federal recipients, in letter form, to GSA, Office
of Travel, Transportation, and Asset Management (MT),
(b) The report (interagency
report control number 0154-GSA-AN) must reference this part and contain the
following:
(1) Names of the non-Federal
recipients.
(2) Status of the recipients
(contractor, cooperative, project grantee, etc.).
(3) Total original acquisition
cost of excess personal property furnished to each type of recipient, by type
of property (two-digit FSC groups).
Abandonment/Destruction
§102-36.305—May we abandon
or destroy excess personal property without reporting it to GSA?
Yes, you may abandon or destroy
excess personal property when you have made a written determination 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. An item has no
commercial value when it has neither utility nor monetary value (either as an
item or as scrap).
§102-36.310—Who makes the determination to abandon or destroy excess
personal property?
To abandon or destroy excess
personal property, an authorized official of your agency makes a written
finding that must be approved by a reviewing official who is not directly accountable for the property.
§102-36.315—Are there any restrictions to the use of the abandonment/
destruction authority?
Yes, the following restrictions
apply:
(a) You must not abandon or destroy property
in a manner which is detrimental or dangerous to public health or safety. Additional
guidelines for the abandonment/destruction of hazardous materials are
prescribed in part 101-42 of this title.
(b) If you become aware of an interest
from an entity in purchasing the property, you must implement sales procedures in
lieu of abandonment/destruction.
§102-36.320—May we transfer
or donate excess personal property that has been determined appropriate for abandonment/
destruction without GSA approval?
In lieu of
abandonment/destruction, you may donate such excess personal property only to a
public body without going through GSA. A public body is any department, agency,
special purpose district, or other instrumentality of a State or local
government; any Indian tribe; or any agency of the Federal Government. If you
become aware of an interest from an eligible non-profit organization (see part
102-37 of this chapter) that is not a public body in acquiring the property,
you must contact the regional GSA Personal Property Management office and
implement donation procedures in accordance with part 102-37 of this chapter.
§102-36.325—What must be done before the abandonment/ destruction of
excess personal property?
Except as provided in §102-36.330,
you must provide public notice of intent to abandon or destroy excess personal property,
in a format and timeframe specified by your agency regulations (such as publishing
a notice in a local newspaper, posting of signs in common use facilities available
to the public, or providing bulletins on your website through the internet). You must also include in the notice an offer
to sell in accordance with part 101-38 of this chapter.
§102-36.330—Are there occasions when public notice is not needed regarding
abandonment/ destruction of excess personal property?
Yes, you are not required to
provide public notice when:
(a) The value of the property is
so little or the cost of its care and handling, pending
abandonment/destruction, is so great that its retention for advertising for
sale, even as scrap, is clearly not economical;
(b) Abandonment or destruction
is required because of health, safety, or security reasons; or
(c) When the original
acquisition cost of the item (estimated if unknown) is less than $500.
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?
Yes, you must comply with the
additional provisions in this subpart when disposing of the types of personal
property listed in this subpart.
Aircraft and Aircraft Parts
§102-36.340—What must we do when disposing of excess aircraft?
(a) You must report to GSA all
excess aircraft, regardless of condition or dollar value, and provide the
following information on the SF 120:
(1) Manufacturer, date of
manufacture, model, serial number.
(2) Major components missing
from the aircraft (such as engines, electronics).
(3) Whether or not the:
(i)
Aircraft is operational;
(ii) Dataplate
is available;
(iii) Historical and maintenance
records are available;
(iv) Aircraft has been previously
certificated by the Federal Aviation Administration (FAA) and/or has been maintained
to FAA airworthiness standards;
(v) Aircraft was previously used
for non-flight purposes (i.e., ground training or static display), and has been
subjected to extensive disassembly and re-assembly procedures for ground training, or repeated
burning for fire-fighting training purposes.
(4) For military aircraft, indicate Category A, B, or C as designated by the Department
of Defense (DOD), as follows:
Category of Aircraft
Description
A
Aircraft
authorized for sale and exchange for commercial use.
B Aircraft
previously used for ground instruction and/or static display.
C Aircraft that
are combat configured as determined by DOD.
Note to §102-36.340(a)(4): For
additional information on military aircraft see Defense Materiel Disposition
Manual, DOD 4160.21-M, accessible at http://www.drms.dla.mil under Publications.
(b) When the designated transfer
or donation recipient’s intended use is for non-flight purposes, you must
remove and return the data plate to GSA Property Management Branch (9FBP), San
Francisco, CA 94102-3434, prior to releasing the aircraft to the authorized
recipient. GSA will forward the dataplates to FAA.
(c) You must also submit a
report of the final disposition of the aircraft to the Federal Aviation
Interactive Reporting System (FAIRS) maintained by the Office of Travel,
Transportation, and Asset Management (MT), GSA,
§102-36.345—May we dispose
of excess Flight Safety Critical Aircraft Parts (FSCAP)?
Yes, you may dispose of excess
FSCAP, but first you must determine whether the documentation available is
adequate to allow transfer, donation, or sale of the part in accordance with part
102-33, of this chapter. Otherwise, you must mutilate undocumented FSCAP that
has no traceability to its original equipment manufacturer and dispose of it as
scrap. When reporting excess FSCAP, annotate the manufacturer, date of manufacture, part number, serial number,
and the appropriate Criticality Code on the SF 120, and ensure that all
available historical and maintenance records accompany the part at the time of
issue.
§102-36.350—How do we identify a FSCAP?
Any aircraft part designated as
FSCAP is assigned an alpha Criticality Code, and the code is annotated on the
original transfer document when you acquire the part. You must perpetuate the appropriate FSCAP
Criticality Code on all personal property records. You may contact the Federal
agency or Military service that originally owned the part for assistance in
making this determination, or query DOD’s Federal Logistics Information System
(FLIS) using the National Stock Number (NSN) for the part. For assistance in
subscribing to the FLIS service contact the FedLog Consumer Support Office, 800–351–4381.
§102-36.355—What are the FSCAP Criticality Codes?
The FSCAP Criticality Codes are
contained in the following table:
FSCAP Code Description
F
Flight Safety
Critical Aircraft Part.
§102-36.360—How do we dispose of aircraft parts that are life-limited
but have no FSCAP designation?
When disposing of life-limited
aircraft parts that have no FSCAP designation, you must ensure that tags and
labels, historical data and maintenance records accompany the part on any
transfers, donations or sales. For additional information regarding the
disposal of life-limited parts with or without tags or documentation refer to
part 102-33 of this chapter.
Canines, Law Enforcement
§102-36.365—May we transfer
or donate canines that have been used in the performance of law enforcement duties?
Yes, under 40 U.S.C. 555, when
the canine is no longer needed for law enforcement duties, you may donate the canine
to an individual who has experience handling canines in the performance of
those official duties.
Disaster Relief Property
§102-36.370—Are there special requirements concerning the use of excess
personal property for disaster relief?
Yes, upon declaration by the
President of an emergency or a major disaster, you may loan excess personal
property to State and local governments, with or without compensation and prior to reporting it as excess
to GSA, to alleviate suffering and damage resulting from any emergency or major
disaster Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121-5206) and Executive Order 12148 (3 CFR, 1979 Comp., p. 412), as amended).
If the loan involves property that has already been reported excess to GSA, you
may withdraw the item from the disposal process subject to approval by GSA. You
may also withdraw excess personal property for use by your agency in providing
assistance in disaster relief. You are still accountable for this property and your agency is responsible for
developing agencywide procedures for recovery of such
property.
Firearms
§102-36.375—May we dispose
of excess firearms?
Yes, unless you have specific
statutory authority to do otherwise, excess firearms may be transferred only to
those Federal agencies authorized to acquire firearms for official use.
GSA may donate certain classes
of surplus firearms to State and local government activities whose primary
function is the enforcement of applicable Federal, State, and/or local laws and
whose compensated law enforcement officers have the authority
to apprehend and arrest. Firearms not transferred or donated must be destroyed
and sold as scrap. For additional guidance on the disposition of firearms refer
to part 101-42 of this title.
Foreign Excess Personal
Property
§102-36.380—Who is responsible for disposing of foreign excess personal
property?
Your agency is responsible for
disposing of your foreign excess personal property, as provided by chapter 7 of
title 40 of the United States Code.
§102-36.385—What are our responsibilities in the disposal of foreign
excess personal property?
When disposing of foreign excess
personal property you must:
(a) Determine whether it is in
the interest of the U.S. Government to return foreign excess personal property
to the
(b) Ensure that any disposal of
property overseas conforms to the foreign policy of the
(c) Ensure that, when foreign
excess personal property is donated or sold overseas, donation/sales conditions
include a requirement for compliance with U.S. Department of Commerce and
Department of Agriculture regulations when transporting any personal property
back to the
(d) Inform the U.S. State
Department of any disposal of property to any foreign governments or entities.
§102-36.390—How may we dispose of foreign excess personal property?
To dispose of foreign excess
personal property, you may:
(a) Offer the property for
re-use by U.S. Federal agencies overseas;
(b) Return the property to the
(c) Sell, exchange, lease, or
transfer such property for cash, credit, or other property;
(d) Donate medical materials or
supplies to nonprofit medical or health organizations, including those
qualified under section 214(b) and 607 of the Foreign Assistance Act of 1961, as
amended (22 U.S.C. 2174, 2357); or
(e) Abandon, destroy or donate
such property when you determine that it has no commercial value or the
estimated cost of care and handling would exceed the estimated proceeds from
its sale, in accordance with 40 U.S.C. 527. Abandonment, destruction or
donation actions must also comply with the laws of the country in which the
property is located.
§102-36.395—How may GSA assist us in disposing of foreign excess
personal property?
You may request GSA’s assistance
in the screening of foreign excess personal property for possible re-use by
eligible recipients within the U.S. GSA may, after consultation with you,
designate property for return to the
§102-36.400—Who pays for the transportation costs when foreign excess
personal property is returned to the
When foreign excess property is
to be returned to the
Gifts
§102-36.405—May we keep
gifts given to us from the public?
If your agency has gift
retention authority, you may retain gifts from the public. Otherwise, you must
report gifts you receive on a SF 120 to GSA. You must report gifts received from
a foreign government in accordance with part 102-42 of this chapter.
§102-36.410—How do we dispose of a gift in the form of money or
intangible personal property?
Report intangible personal
property to GSA, Personal Property Management Division (FBP),
§102-36.415—How do we dispose of gifts other than intangible personal
property?
(a) When the gift is offered
with the condition that the property be sold and the proceeds used to reduce
the public debt, report the gift to the regional GSA Personal Property Management
office in which the property is located. GSA will convert the gift to money upon acceptance and
deposit the proceeds into a special account of the U.S. Treasury.
(b) When the gift is offered
with no conditions or restrictions, and your agency has gift retention
authority, you may use the gift for an authorized official purpose without
reporting to GSA. The property will then lose its identity as a gift and you
must account for it in the same manner as Federal personal property acquired
from authorized sources. When the property is no longer needed, you must report
it as excess personal property to GSA.
(c) When the gift is offered
with no conditions or restrictions, but your agency does not have gift
retention authority, you must report it to the regional GSA Personal Property Management
office. GSA
will offer the property for screening for possible transfer to a Federal agency
or convert the gift to money and deposit the funds with U.S. Treasury. If your agency
is interested in keeping the gift for an official purpose, you must annotate
your interest on the SF 120 and also submit a SF 122.
§102-36.420—How do we dispose of gifts from foreign governments or
entities?
Report foreign gifts on a SF 120
to GSA, Property Management Division (FBP), Washington, DC 20406, for possible transfer,
donation or sale in accordance with the provisions of part 102-42 of this chapter.
Hazardous Personal Property
§102-36.425—May we dispose
of excess hazardous personal property?
Yes, but only in accordance with
part 101-42 of this title. When
reporting excess hazardous property to GSA, certify on the SF 120 that the
property has been packaged and labeled as required. Annotate any special
requirements for handling, storage, or use, and provide a description of the
actual or potential hazard.
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)?
You may dispose of excess MLIs/CCLIs only when you comply with the additional
disposal and demilitarization (DEMIL) requirements contained in part 101-42 of
this title.
MLIs may require demilitarization
when issued to any non-DoD entity, and will require
appropriate licensing when exported from the U.S. CCLIs
usually require export licensing when transported from the
§102-36.435—How do we
identify Munitions List Items (MLIs)/Commerce Control
List Items (CCLIs) requiring demilitarization?
You identify MLIs/CCLIs
requiring demilitarization by the demilitarization code that is assigned to
each MLI or CCLI. The code indicates the type and scope of demilitarization and/or export controls that must be
accomplished, when required, before issue to any non-DOD activity. For a
listing of the codes and additional guidance on DEMIL procedures see DOD
Demilitarization and Trade Security Control Manual, DOD 4160.21-M-1.
Printing Equipment and
Supplies
§102-36.440—Are there special procedures for reporting excess printing
and binding equipment and supplies?
Yes, in accordance with 44
U.S.C. 312, you must submit reports of excess printing and binding machinery,
equipment, materials, and supplies to the Public Printer, Government Printing Office (GPO), Customer
Service Manager,
Red Cross Property
§102-36.445—Do we report
excess personal property originally acquired from or through the American National
Red Cross?
Yes, when reporting excess
personal property which was processed, produced, or donated by the American
National Red Cross, note “RED CROSS PROPERTY” on the SF 120 or report document. GSA will offer
to return this property to the Red Cross if no other Federal agency has a need
for it. If the Red Cross has no requirement the property continues in the
disposal process and is available for donation.
Shelf-Life Items
§102-36.450—Do we report
excess shelf-life items?
(a) When there are quantities on
hand that would not be utilized by the expiration date and cannot be returned
to the vendor for credit, you must report such expected overage as excess for possible transfer and
disposal to ensure maximum use prior to deterioration.
(b) You need not report expired
shelf-life items. You may dispose of property with expired shelf-life by
abandonment/destruction in accordance with §102-36.305 and in compliance with
Federal, State, and local waste disposal and air and water pollution control
standards.
§102-36.455—How do we report excess shelf-life items?
You must identify the property
as shelf-life items by “SL”, indicate the expiration date, whether the date is
the original or an extended date, and if the date is further extendable. GSA may
adjust the screening period based on re-use potential and the remaining useful
shelf life.
§102-36.460—Do we report
excess medical shelf-life items held for national emergency purposes?
When the remaining shelf life of
any medical materials or supplies held for national emergency purposes is of
too short a period to justify their continued retention, you should report such
property excess for possible transfer and disposal. You must make such excess
determinations at such time as to ensure that sufficient time remains to permit
their use before their shelf life expires and the items are unfit for human
use. You must identify such items with “MSL” and the expiration date, and
indicate any specialized storage requirements.
§102-36.465—May we transfer
or exchange excess medical shelf-life items with other Federal agencies?
Yes, you may transfer or
exchange excess medical shelf-life items held for national emergency purposes
with any other Federal agency for other medical materials or supplies, without
GSA approval and without regard to part 102-39 of this chapter. You and the transferee
agency will agree to the terms and prices. You may credit any proceeds derived from such transactions to your
agency’s current applicable appropriation and use the funds only for the
purchase of medical materials or supplies for national emergency purposes.
Vessels
§102-36.470—What must we do when disposing of excess vessels?
(a) When you dispose of excess
vessels you must indicate on the SF 120 the following information:
(1) Whether the vessel has been
inspected by the Coast Guard.
(2) Whether testing for hazardous materials has been done. And if
so, the result of the testing, specifically the presence or absence of PCB’s
and asbestos and level of contamination.
(3) Whether hazardous materials
clean-up is required, and when it will be accomplished by your agency.
(b) In accordance with 40 U.S.C.
548 the Federal Maritime Administration (FMA), Department of Transportation, is
responsible for disposing of surplus vessels determined to be merchant vessels
or capable of conversion to merchant use and weighing 1,500 gross tons or more.
The SF 120 for such vessels shall be forwarded to GSA for submission to FMA.
(c) Disposal instructions
regarding vessels in this part do not apply to battleships, cruisers, aircraft
carriers, destroyers, or submarines.
Subpart F—Miscellaneous
Disposition
§102-36.475—What is the authority for transfers under “Computers for
Learning”?
(a) The Stevenson-Wydler Technology Innovation Act of 1980, as amended (15
U.S.C. 3710(i)), authorizes Federal agencies to
transfer excess education-related Federal equipment to educational institutions
or nonprofit organizations for educational and research activities. Executive
Order 12999 (3 CFR, 1996 Comp., p. 180) requires, to the extent permitted by
law and where appropriate, the transfer of computer equipment for use by
schools or non-profit organizations.
(b) Each Federal agency is
required to identify a point of contact within the agency to assist eligible
recipients, and to publicize the availability of such property to eligible
communities.
Excess education-related
equipment may be transferred directly under established agency procedures, or reported
to GSA as excess for subsequent transfer to potential eligible recipients as
appropriate. You must include transfers under this authority in the annual
Non-Federal Recipients Report (See §102-36.295) to GSA.
(c) The “Computers for Learning”
website has been developed to streamline the transfer of excess and surplus
Federal computer equipment to schools and nonprofit educational organizations. For additional information
about this program access the “Computers for Learning” website, http://www.computers.fed.