PART 102-37—DONATION OF
SURPLUS PERSONAL PROPERTY
Subpart A—General
Provisions
102-37.5— What does this part
cover?
102-37.10— What is the primary
governing authority for this part?
102-37.15— Who must comply with
the provisions of this part?
102-37.20— How do we request a
deviation from this part and who can approve it?
Definitions
102-37.25— What definitions
apply to this part?
Donation Overview
102-37.30— When does property
become available for donation?
102-37.35— Who handles the
donation of surplus property?
102-37.40— What type of surplus
property is available for donation?
102-37.45— How long is property
available for donation screening?
102-37.50— What is the general
process for requesting surplus property for donation?
102-37.55— Who pays for transportation
and other costs associated with a donation?
102-37.60— How much time does a
transferee have to pick up or remove surplus property from holding agency
premises?
102-37.65— What happens to
surplus property that has been approved for transfer when the prospective
transferee decides it cannot use the property and declines to pick it up?
102-37.70— How should a
transferee account for the receipt of a larger or smaller number of items than
approved by GSA on the SF 123?
102-37.75— What should be
included in a shortage report?
102-37.80— What happens to
surplus property that isn’t transferred for donation?
102-37.85— Can surplus property
being offered for sale be withdrawn and approved for donation?
Subpart B—General Services
Administration (GSA)
102-37.90— What are GSA’s
responsibilities in the donation of surplus property?
102-37.95— How will GSA resolve
competing transfer requests?
102-37.100— What factors will
GSA consider in allocating surplus property among SASPs?
Subpart C—Holding Agency
102-37.110— What are a holding
agency’s responsibilities in the donation of surplus property?
102-37.115— May a holding agency
be reimbursed for costs incurred incident to a donation?
102-37.120— May a holding agency
donate surplus property directly to eligible non-Federal recipients without
going through GSA?
102-37.125— What are some
donations that do not require GSA’s approval?
Subpart D—State Agency for
Surplus Property (SASP)
102-37.130— What are a SASP’s responsibilities in the donation of surplus
property?
102-37.135— How does a SASP
become eligible to distribute surplus property to donees?
State Plan of Operation
102-37.140— What is a State plan
of operation?
102-37.145— Who is responsible
for developing, certifying, and submitting the plan?
102-37.150— What must a State
legislature include in the plan?
102-37.155— When does a plan
take effect?
102-37.160— Must GSA approve
amendments or modifications to the plan?
102-37.165— Do plans or major
amendments require public notice?
102-37.170— What happens if a
SASP does not operate in accordance with its plan?
Screening and Requesting
Property
102-37.175— How does a SASP find
out what property is potentially available for donation?
102-37.180— Does a SASP need
special authorization to screen property at Federal facilities?
102-37.185— How does a SASP
obtain screening authorization for itself or its donees?
102-37.190— What records must a
SASP maintain on authorized screeners?
102-37.195— Does a SASP have to
have a donee in mind to request surplus property?
102-37.200— What certifications
must a SASP make when requesting surplus property for donation?
102-37.205— What agreements must
a SASP make?
102-37.210— Must a SASP make a
drug-free workplace certification when requesting surplus property for
donation?
102-37.215— When must a SASP
make a certification regarding lobbying?
Justifying Special Transfer
Requests
102-37.220— Are there special
types of surplus property that require written justification when submitting a
transfer request?
102-37.225— What information or
documentation must a SASP provide when requesting a surplus aircraft or vessel?
102-37.230— What must a letter
of intent for obtaining surplus aircraft or vessels include?
102-37.235— What type of
information must a SASP provide when requesting surplus property for cannibalization?
102-37.240— How must a transfer
request for surplus firearms be justified?
Custody, Care, and
Safekeeping
102-37.245— What must a SASP do
to safeguard surplus property in its custody?
102-37.250— What actions must a
SASP take when it learns of damage to or loss of surplus property in its
custody?
102-37.255— Must a SASP insure
surplus property against loss or damage?
Distribution of Property
102-37.260— How must a SASP
document the distribution of surplus property?
102-37.265— May a SASP
distribute surplus property to eligible donees of
another State?
102-37.270— May a SASP retain
surplus property for its own use?
Service and Handling
Charges
102-37.275— May a SASP accept
personal checks and non-official payment methods in payment of service charges?
102-37.280— How may a SASP use
service charge funds?
102-37.285— May a SASP use
service charge funds to support
Disposing of Undistributed
Property
102-37.290— What must a SASP do
with surplus property it cannot donate?
102-37.295— Must GSA approve a
transfer between SASPs?
102-37.300— What information
must a SASP provide GSA when reporting unneeded usable property for disposal?
102-37.305— May a SASP act as
GSA’s agent in selling undistributed surplus property (either as usable
property or scrap)?
102-37.310— What must a proposal
to sell undistributed surplus property include?
102-37.315— What costs may a
SASP recover if undistributed surplus property is
retransferred or sold?
102-37.320— Under what conditions
may a SASP abandon or destroy undistributed surplus property? Cooperative Agreements 102-37.325— With whom and for
what purpose(s) may a SASP enter into a cooperative agreement? 102-37.330— Must the costs of
providing support under a cooperative agreement be reimbursed by the parties
receiving such support? 102-37.335— May a SASP enter
into a cooperative agreement with another SASP? 102-37.340— When may a SASP
terminate a cooperative agreement? Audits and Reviews 102-37.345— When must a SASP be
audited? 102-37.350— Does coverage under
the single audit process in OMB Circular A-133 exempt a SASP from other reviews
of its program? 102-37.355— What obligations
does a SASP have to ensure that donees meet Circular
A-133 requirements? Reports 102-37.360— What reports must a
SASP provide to GSA? Liquidating a SASP 102-37.365— What steps must a
SASP take if the State decides to liquidate the agency? 102-37.370— Do liquidation plans
require public notice? Subpart E—Donations to
Public Agencies, Service Educational Activities (SEAs),
and Eligible Nonprofit Organizations 102-37.375— How is the pronoun
“you” used in this subpart? 102-37.380— What is the
statutory authority for donations of surplus Federal property made under this subpart? Donee Eligibility 102-37.385— Who determines if a
prospective donee applicant is eligible to receive
surplus property under this subpart? 102-37.390— What basic criteria
must an applicant meet before a SASP can qualify it for eligibility? 102-37.395— How can a SASP
determine whether an applicant meets any required approval, accreditation, or
licensing requirements? 102-37.400— What type of
eligibility information must a SASP maintain on donees? 102-37.405— How often must a
SASP update donee eligibility records? 102-37.410— What must a SASP do
if a donee fails to maintain its eligibility status? 102-37.415— What should a SASP
do if an applicant appeals a negative eligibility determination? Conditional Eligibility 102-37.420— May a SASP grant
conditional eligibility to applicants who would otherwise qualify as eligible donees, but have been unable to obtain approval,
accreditation, or licensing because they are newly organized or their facilities
are not yet constructed? 102-37.425— May a SASP grant
conditional eligibility to a not-for-profit organization whose taxexempt status is pending? 102-37.430— What property can a
SASP make available to a donee with conditional
eligibility? Terms and Conditions of
Donation 102-37.435— For what purposes
may donees acquire and use surplus property? 102-37.440— May donees acquire property for exchange? 102-37.445— What certifications
must a donee make before receiving property? 102-37.450— What agreements must
a donee make? Special Handling or Use
Conditions 102-37.455— On what categories
of surplus property has GSA imposed special handling conditions or use
limitations? 102-37.460— What special terms
and conditions apply to the donation of aircraft and vessels? Release of Restrictions 102-37.465— May a SASP modify or
release any of the terms and conditions of donation? 102-37.470— At what point may
restrictions be released on property that has been authorized for cannibalization? 102-37.475— What are the
requirements for releasing restrictions on property being considered for exchange? Compliance and Utilization 102-37.480— What must a SASP do
to ensure that property is used for the purpose(s) for which it was donated? 102-37.485— What actions must a
SASP take if a review or other information indicates noncompliance with
donation terms and conditions? 102-37.490— When must a SASP
coordinate with GSA on compliance actions? 102-37.495— How must a SASP
handle funds derived from compliance actions? Returns and Reimbursement 102-37.500— May a donee receive reimbursement for its donation expenses when
unneeded property is returned to the SASP? 102-37.505— How does a donee apply for and receive reimbursement for unneeded
property returned to a SASP? Special Provisions
Pertaining to SEAs 102-37.510— Are there special
requirements for donating property to SEAs? 102-37.515— Do SEAs have a priority over other SASP donees
for DOD property? Subpart F—Donations to
Public Airports 102-37.520— What is the
authority for public airport donations? 102-37.525— What should a
holding agency do if it wants a public airport to receive priority consideration
for excess personal property it has reported to GSA? 102-37.530— What are FAA’s
responsibilities in the donation of surplus property to public airports? 102-37.535— What information
must FAA provide to GSA on its administration of the public airport donation
program? Subpart G—Donations to the
American National Red Cross 102-37.540— What is the
authority for donations to the American National Red Cross? 102-37.545— What type of
property may the American National Red Cross receive? 102-37.550— What steps must the
American National Red Cross take to acquire surplus property? 102-37.555— What happens to
property the American National Red Cross does not request? Subpart H—Donations to
Public Bodies in Lieu of Abandonment/Destruction 102-37.560— What is a public
body? 102-37.565— What is the
authority for donations to public bodies? 102-37.570— What type of
property may a holding agency donate under this subpart? 102-37.575— Is there a special
form for holding agencies to process donations? 102-37.580— Who is responsible
for costs associated with the donation? Appendix A—Miscellaneous
Donation Statutes Appendix B—Elements of a
State Plan of Operation Appendix C—Glossary of
Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations Subpart A—General
Provisions §102-37.5—What does this
part cover? This part covers the donation of
surplus Federal personal property located within a State, including foreign
excess personal property returned to a State for handling as surplus property. For purposes of this part, the term State
includes any of the 50 States, as well as the §102-37.10—What is the
primary governing authority for this part? Section 549 of title 40, United
States Code, gives the General Services Administration (GSA) discretionary
authority to prescribe the necessary regulations for, and to execute the surplus
personal property donation program. §102-37.15—Who must comply
with the provisions of this part? You must comply with this part
if you are a holding agency or a recipient of Federal surplus personal property
approved by GSA for donation (e.g., a State agency for surplus property (SASP)
or a public airport). §102-37.20—How do we
request a deviation from this part 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. Definitions §102-37.25—What definitions
apply to this part? The following definitions apply
to this part: “Cannibalization” means to
remove serviceable parts from one item of equipment in order to install them on
another item of equipment. “Donee”
means any of the following entities that receive Federal surplus personal
property through a SASP: (1) A service educational
activity (SEA). (2) A public agency (as defined
in Appendix C of this part) which uses surplus personal property to carry out
or promote one or more public purposes. (Public airports are an exception and
are only considered donees when they elect to receive
surplus property through a SASP, but not when they elect to receive surplus
property through the Federal Aviation Administration as discussed in subpart F
of this part.) (3) An eligible nonprofit
tax-exempt educational or public health institution (including a provider of
assistance to homeless or impoverished families or individuals). (4) A State or local government
agency, or a nonprofit organization or institution, that receives funds
appropriated for a program for older individuals. “Holding agency” means the
executive agency having accountability for, and generally possession of, the
property involved. “Period of restriction” means
the period of time for keeping donated property in use for the purpose for
which it was donated. “Screening” means the process of
physically inspecting property or reviewing lists or reports of property to
determine whether property is usable or needed for donation purposes. “Service educational activity
(SEA)” means any educational activity designated by the Secretary of Defense as
being of special interest to the armed forces; e.g., maritime academies or
military, naval, Air Force, or Coast Guard preparatory schools. “Standard Form (SF) 123,
Transfer Order Surplus Personal Property” means the document used to request
and document the transfer of Federal surplus personal property for donation
purposes. “State” means one of the 50
States, the “State agency for surplus
property (SASP)” means the agency designated under State law to receive Federal
surplus personal property for distribution to eligible donees
within the State as provided for in 40
U.S.C. 549. “Surplus personal property
(surplus property)” means excess personal property (as defined in §102-36.40 of
this chapter) not required for the needs of any Federal agency, as determined
by GSA. “Surplus release date” means the
date on which Federal utilization screening of excess personal property has
been completed, and the property is available for donation. “Transferee” means a public
airport receiving surplus property from a holding agency through the Federal
Aviation Administration, or a SASP. Donation Overview §102-37.30—When does
property become available for donation? Excess personal property becomes
available for donation the day following the surplus release date. This is the
point at which the screening period has been completed without transfer to a
Federal agency or other eligible recipient, and the GSA has determined the
property to be surplus. §102-37.35—Who handles the
donation of surplus property? (a) The SASPs
handle the donation of most surplus property to eligible donees
in their States in accordance with this part. (b) The GSA handles the donation
of surplus property to public airports under a program administered by the
Federal Aviation Administration (FAA) (see subpart F of this part). The GSA may also donate to the
American National Red Cross surplus property that was originally derived from
or through the Red Cross (see subpart G of this part). (c) Holding agencies may donate
surplus property that they would otherwise abandon or destroy directly to
public bodies in accordance with subpart H of this part. §102-37.40—What type of
surplus property is available for donation? All surplus property (including
property held by working capital funds established under 10 U.S.C. 2208 or in
similar funds) is available for donation to eligible recipients, except for property in the following
categories: (a) Agricultural commodities,
food, and cotton or woolen goods determined from time to time by the Secretary
of Agriculture to be commodities requiring special handling with respect to price support or
stabilization. (b) Property acquired with trust
funds (e.g., Social Security Trust Funds). (c) Non-appropriated fund
property. (d) Naval vessels of the
following categories: Battleships, cruisers, aircraft carriers, destroyers, and
submarines. (e) Vessels of 1500 gross tons
or more which the Maritime Administration determines to be merchant vessels or
capable of conversion to merchant use. (f) Records of the Federal Government. (g) Property that requires
reimbursement upon transfer (such as abandoned or other unclaimed property that
is found on premises owned or leased by the Government). (h) Controlled substances. (i)
Items as may be specified from time to time by the GSA Office of Governmentwide Policy. §102-37.45—How long is
property available for donation screening? Entities authorized to
participate in the donation program may screen property, concurrently with
Federal agencies, as soon as the property is reported as excess up until the
surplus release date. The screening period is normally 21 calendar days, except
as noted in §102-36.95 of this chapter. §102-37.50—What is the
general process for requesting surplus property for donation? The process for requesting surplus
property for donation varies, depending on who is making the request. (a) Donees
should submit their requests for property directly to the appropriate SASP. (b) SASPs
and public airports should submit their requests to the appropriate GSA
regional office. Requests must be submitted on a Standard Form (SF) 123,
Transfer Order Surplus Personal Property, or its electronic equivalent. Public
airports must have FAA certify their transfer requests prior to submission to
GSA for approval. GSA may ask SASPs or public
airports to submit any additional information required to support and justify
transfer of the property. (c) The American National Red
Cross should submit requests to GSA as described in subpart G of this part. (d) Public bodies, when seeking
to acquire property that is being abandoned or destroyed, should follow rules
and procedures established by the donor agency (see subpart H of this part). §102-37.55—Who pays for
transportation and other costs associated with a donation? The receiving organization (the
transferee) is responsible for any packing, shipping, or transportation charges
associated with the transfer of surplus property for donation. Those costs, in the case of SASPs, may be passed on to donees
that receive the property. §102-37.60—How much time
does a transferee have to pick up or remove surplus property from holding agency
premises? The transferee (or the
transferee’s agent) must remove property from the holding agency premises
within 15 calendar days after being notified that the property is available for
pickup, unless otherwise coordinated with the holding agency. If the transferee
decides prior to pickup or removal that it no longer needs the property, it
must notify the GSA regional office that approved the transfer request. §102-37.65—What happens to
surplus property that has been approved for transfer when the prospective transferee
decides it cannot use the property and declines to pick it up? When a prospective transferee
decides it cannot use surplus property that has already been approved for
transfer and declines to pick it up, the GSA regional office will advise any other
SASP or public airport known to be interested in the property to submit a
transfer request. If there is no transfer interest, GSA will release the
property for other disposal. §102-37.70—How should a
transferee account for the receipt of a larger or smaller number of items than approved
by GSA on the SF 123? When the quantity of property
received doesn’t agree with that approved by GSA on the SF 123, the transferee
should handle the overage or shortage as follows: If… And… Then… (a) More property is received than was approved by GSA for transfer. The known or estimated acquisition cost of the line item(s) involved is $500 or more. Submit a SF 123 for the difference to GSA. (Identify the property as an overage and include the original transfer order number.)* (b) Less property is received than was approved by GSA for transfer. The acquisition cost of the missing item(s) is $500 or more. Submit a shortage report to GSA, with a copy to the holding agency.* (c) The known or estimated acquisition cost of the property is less than $500. Annotate on your receiving and inventory records, a description of the property, its known or estimated acquisition cost, and the name of the holding agency. * Submit the SF 123 or shortage
report to the GSA approving office within 30 calendar days of the date of
transfer. §102-37.75—What should be
included in a shortage report? The shortage report should
include: (a) The name and address of the
holding agency; (b) All pertinent GSA and
holding agency control numbers, in addition to the original transfer order
number; and (c) A description of each line
item of property, the condition code, the quantity and unit of issue, and the
unit and total acquisition cost. §102-37.80—What happens to
surplus property that isn’t transferred for donation? Surplus property not transferred
for donation is generally offered for sale under the provisions of part 102-38
of this chapter. Under the appropriate circumstances (see §102-36.305 of this chapter),
such property might be abandoned or destroyed. §102-37.85—Can surplus
property being offered for sale be withdrawn and approved for donation? Yes, surplus property being
offered for sale may be withdrawn for donation if approved by GSA. GSA will not
approve requests for the withdrawal of property that has been advertised or listed on a sales
offering if that withdrawal would be harmful to the overall outcome of the
sale. GSA will only grant such requests prior to sales award, since an award is
binding. Subpart B—General Services Administration
(GSA) §102-37.90—What are GSA’s
responsibilities in the donation of surplus property? The General Services
Administration (GSA) is responsible for supervising and directing the disposal
of surplus personal property. In addition to issuing regulatory guidance for
the donation of such property, GSA: (a) Determines when property is
surplus to the needs of the Government; (b) Allocates and transfers surplus
property on a fair and equitable basis to State agencies for surplus property (SASPs) for further distribution to eligible donees; (c) Oversees the care and
handling of surplus property while it is in the custody of a SASP; (d) Approves all transfers of
surplus property to public airports, pursuant to the appropriate determinations
made by the Federal Aviation Administration (see subpart F of this part); (e) Donates to the American
National Red Cross property (generally blood plasma and related medical materials)
originally provided by the Red Cross to a Federal agency, but that has
subsequently been determined surplus to Federal needs (see subpart G of this
part); (f) Approves, after consultation
with the holding agency, foreign excess personal property to be returned to the
(g) Coordinates and controls the
level of SASP and donee screening at Federal
installations; (h) Imposes appropriate
conditions on the donation of surplus property having characteristics that require
special handling or use limitations (see §102-37.455); and (i)
Keeps track of and reports on Federal donation programs (see §102.37.105). §102-37.95—How will GSA
resolve competing transfer requests? In case of requests from two or
more SASPs, GSA will use the allocating criteria in
§102-37.100. When competing requests are received from public airports and SASPs, GSA will transfer property fairly and equitably,
based on such factors as need, proposed use, and interest of the holding agency
in having the property donated to a specific public airport. §102-37.100—What factors
will GSA consider in allocating surplus property among SASPs? GSA allocates property among the
SASPs on a fair and equitable basis using the
following factors: (a) Extraordinary needs caused
by disasters or emergency situations. (b) Requests from the Department
of Defense (DOD) for DOD-generated property to be allocated through a SASP for donation
to a specific service educational activity. (c) Need and usability of
property, as reflected by requests from SASPs. GSA
will also give special consideration to requests transmitted through the SASPs by eligible donees for specific
items of property. (Requests for property to be used as is will be given
preference over cannibalization requests.) (d) States in greatest need of
the type of property to be allocated where the need is evidenced by a letter of
justification from the intended donee. (e) Whether a SASP has already
received similar property in the past, and how much. (f) Past performance of a SASP
in effecting timely pickup or removal of property approved for transfer and
making prompt distribution of property to eligible donees. (g) The property’s condition and
its original acquisition cost. (h) Relative neediness of each
State based on the State’s population and per capita income. Subpart C—Holding Agency §102-37.110—What are a
holding agency’s responsibilities in the donation of surplus property? Your donation responsibilities
as a holding agency begin when you determine that property is to be declared
excess. You must then: (a) Let GSA know if you have a donee in mind for foreign gift items or airport property,
as provided for in §§102-37.525 and 102-42.95(h) of this chapter; (b) Cooperate with all entities
authorized to participate in the donation program and their authorized
representatives in locating, screening, and inspecting excess or surplus
property for possible donation; (c) Set aside or hold surplus
property from further disposal upon notification of a pending transfer for donation;
(If GSA does not notify you of a pending transfer within 5 calendar days following the surplus
release date, you may proceed with the sale or other authorized disposal of the
property.) (d) Upon receipt of a
GSA-approved transfer document, promptly ship or release property to the
transferee (or the transferee’s designated agent) in accordance with pickup or shipping
instructions on the transfer document; (e) Notify the approving GSA
regional office if surplus property to be picked up is not removed within 15
calendar days after you notify the transferee (or its agent) of its
availability. (GSA will advise you of further disposal instructions.); and (f) Perform and bear the cost of
care and handling of surplus property pending its disposal, except as provided
in §102-37.115. §102-37.115—May a holding
agency be reimbursed for costs incurred incident to a donation? Yes, you, as a holding agency,
may charge the transferee for the direct costs you incurred incident to a
donation transfer, such as your packing, handling, crating, and transportation expenses. However, you may not
include overhead or administrative costs in these charges. §102-37.120—May a holding
agency donate surplus property directly to eligible non-Federal recipients without
going through GSA? Generally, a holding agency may
not donate surplus property directly to eligible non-Federal recipients without
going through GSA, except for the situations listed in §102-37.125. §102-37.125—What are some
donations that do not require GSA’s approval? (a) Some donations of surplus
property that do not require GSA’s approval are: (1) Donations of condemned,
obsolete, or other specified material by a military department or the Coast
Guard to recipients eligible under 10 U.S.C. 2572, 10 U.S.C. 7306, 10 U.S.C.
7541, 10 U.S.C. 7545, and 14 U.S.C. 641a (see Appendix A of this part for
details). However, such property must first undergo excess Federal and surplus
donation screening as required in this part and part 102-36 of this chapter; (2) Donations by holding
agencies to public bodies under subpart H of this part; (3) Donations by the Small
Business Administration to small disadvantaged businesses under 13 CFR part
124; and (4) Donations by holding
agencies of law enforcement canines to their handlers under 40 U.S.C. 555. (b) You may also donate property
directly to eligible non-Federal recipients under other circumstances if you
have statutory authority to do so. All such donations must be included on your annual report
to GSA under §102-36.300 of this chapter. Subpart D—State Agency for
Surplus Property (SASP) §102-37.130—What are a SASP’s responsibilities in the donation of surplus
property? As a SASP, your responsibilities
in the donation of surplus property are to: (a) Determine whether or not an
entity seeking to obtain surplus property is eligible for donation as a: (1) Public agency; (2) Nonprofit educational or
public health institution; or (3) Program for older
individuals. (b) Distribute surplus property
fairly, equitably, and promptly to eligible donees in
your State based on their relative needs and resources, and ability to use the
property, and as provided in your State plan of operation. (c) Enforce compliance with the
terms and conditions imposed on donated property. §102-37.135—How does a SASP
become eligible to distribute surplus property to donees? In order to receive transfers of
surplus property, a SASP must: (a) Have a (b) Provide the certifications
and agreements as set forth in §§102-37.200 and 102-37.205. State Plan of Operation §102-37.140—What is a State
plan of operation? A State plan of operation is a
document developed under State law and approved by GSA in which the State sets
forth a plan for the management and administration of the SASP in the donation of property. §102-37.145—Who is
responsible for developing, certifying, and submitting the plan? The State legislature must
develop the plan. The chief executive officer of the State must submit the plan
to the Administrator of General Services for acceptance and certify that the SASP is authorized to: (a) Acquire and distribute
property to eligible donees in the State; (b) Enter into cooperative
agreements; and (c) Undertake other actions and
provide other assurances as are required by 40 U.S.C. 549(e) and set forth in
the plan. §102-37.150—What must a
State legislature include in the plan? The State legislature must
ensure the plan conforms to the provisions of 40 U.S.C. 549(e) and includes the
information and assurances set forth in Appendix B of this part. It may also include in the plan other
provisions not inconsistent with the purposes of title 40 of the United States
Code and the requirements of this part. §102-37.155—When does a
plan take effect? The plan takes effect on the
date GSA notifies the chief executive officer of the State that the plan is
approved. §102-37.160—Must GSA
approve amendments or modifications to the plan? Yes, GSA must approve amendments
or modifications to the plan. §102-37.165—Do plans or
major amendments require public notice? Yes, proposed plans and major
amendments to existing plans require general notice to the public for comment.
A State must publish a general notice of the plan or amendment at least 60 calendar days in
advance of filing the proposal with GSA and provide interested parties at least
30 calendar days to submit comments before filing the proposal. §102-37.170—What happens if
a SASP does not operate in accordance with its plan? If a SASP does not operate in
accordance with its plan, GSA may withhold allocation and transfer of surplus
property until the nonconformance is corrected. Screening and Requesting
Property §102-37.175—How does a SASP
find out what property is potentially available for donation? A SASP may conduct onsite
screening at various Federal facilities, contact or submit want lists to GSA,
or use GSA’s or other agencies’ computerized inventory system to electronically
search for property that is potentially available for donation (see §102-36.90
for information on GSA’s system, FEDS). §102-37.180—Does a SASP
need special authorization to screen property at Federal facilities? Yes, SASP personnel or donee personnel representing a SASP must have a valid
screener-identification card (GSA Optional Form 92, Screener’s Identification,
or other suitable identification approved by GSA) before screening and
selecting property at holding agencies. However, SASP or donee
personnel do not need a screener-ID card to inspect or remove property
previously set aside or approved by GSA for transfer. §102-37.185—How does a SASP
obtain screening authorization for itself or its donees? (a) To obtain screening
authorization for itself or donees, a SASP must
submit an Optional Form 92 (with the signature and an affixed passport-style
photograph of the screener applicant) and a written request to the GSA regional
office serving the area in which the intended screener is located. The request
must: (1) State the prospective
screener’s name and the name and address of the organization he or she
represents; (2) Specify the period of time
and location(s) in which screening will be conducted; and (3) Certify that the applicant
is qualified to screen property. (b) If the request is approved, GSA will
complete the Optional Form 92 and return it to the SASP for issuance to the screener. §102-37.190—What records
must a SASP maintain on authorized screeners? You must maintain a current
record of all individuals authorized to screen for your SASP, including their
names, addresses, telephone numbers, qualifications to screen, and any
additional identifying information such as driver’s license or social security
numbers. In the case of donee screeners, you should
place such records in the donee’s eligibility file
and review for currency each time a periodic review of the donee’s
file is undertaken. §102-37.195—Does a SASP
have to have a donee in mind to request surplus
property? Generally yes, you should have a
firm requirement or an anticipated demand for any property that you request. §102-37.200—What
certifications must a SASP make when requesting surplus property for donation? When requesting or applying for
property, you must certify that: (a) You are the agency of the
State designated under State law that has legal authority under 40 U.S.C. 549
and GSA regulations, to receive property for distribution within the State to eligible donees as defined in this part. (b) No person with supervisory
or managerial duties in your State’s donation program is debarred, suspended,
ineligible, or voluntarily excluded from participating in the donation program. (c) The property is usable and
needed within the State by: (1) A public agency for one or
more public purposes. (2) An eligible nonprofit
organization or institution which is exempt from taxation under section 501 of
the Internal Revenue Code (26 U.S.C. 501), for the purpose of education or public health (including
research for any such purpose). (3) An eligible nonprofit
activity for programs for older individuals. (4) A service educational
activity (SEA), for DOD-generated property only. (d) When property is picked up
by, or shipped to, your SASP, you have adequate and available funds,
facilities, and personnel to provide accountability, warehousing, proper maintenance, and distribution of
the property. (e) When property is distributed
by your SASP to a donee, or when delivery is made
directly from a holding agency to a donee pursuant to
a State distribution document, you have determined that the donee
acquiring the property is eligible within the meaning of the Property Act and
GSA regulations, and that the property is usable and needed by the donee. §102-37.205—What agreements
must a SASP make? With respect to surplus property
picked up by or shipped to your SASP, you must agree to the following: (a) You will make prompt statewide
distribution of such property, on a fair and equitable basis, to donees eligible to acquire property under 40 U.S.C. 549 and
GSA regulations. You will distribute property
only after such eligible donees have properly
executed the appropriate certifications and agreements established by your SASP
and/or GSA. (b) Title to the property
remains in the United States Government although you have taken possession of
it. Conditional title to the property will pass to the eligible donee when the donee executes the
required certifications and agreements and takes possession of the property. (c) You will: (1) Promptly pay the cost of
care, handling, and shipping incident to taking possession of the property. (2) During the time that title
remains in the United States Government, be responsible as a bailee for the property from the time it is released to you
or to the transportation agent you have designated. (3) In the event of any loss of
or damage to any or all of the property during ransportation
or storage at a place other than a place under your control, take the necessary
action to obtain restitution (fair market value) for the Government. In the
event of loss or damage due to negligence or willful misconduct on your part,
repair, replace, or pay to the GSA the fair market value of any such property,
or take such other action as the GSA may direct. (d) You may retain property to
perform your donation program functions, but only when authorized by GSA in
accordance with the provisions of a cooperative agreement entered into with GSA. (e) When acting under an
interstate cooperative distribution agreement (see §102-37.335) as an agent and
authorized representative of an adjacent State, you will: (1) Make the certifications and
agreements required in §102-37.200 and this section on behalf of the adjacent
SASP. (2) Require the donee to execute the distribution documents of the State in
which the donee is located. (3) Forward copies of the
distribution documents to the corresponding SASP. (f) You will not discriminate on
the basis of race, color, national origin, sex, age, or handicap in the
distribution of property, and will comply with GSA regulations on
nondiscrimination as set forth in parts 101-4, subparts 101-6.2, and 101-8.3 of
this title. (g) You will not seek to hold
the United States Government liable for consequential or incidental damages or
the personal injuries, disabilities, or death to any person arising from the transfer,
donation, use, processing, or final disposition of this property. The
Government’s liability in any event is limited in scope to that provided for by
the Federal Tort Claims Act (28 U.S.C. 2671, et seq.). §102-37.210—Must a SASP
make a drug-free workplace certification when requesting surplus property for donation? No, you must certify that you
will provide a drug-free workplace only as a condition for retaining surplus
property for SASP use. Drug-free workplace certification requirements are found at part 105-68,
subpart 105-68.6, of this title. §102-37.215—When must a
SASP make a certification regarding lobbying? You are subject to the
anti-lobbying certification and disclosure requirements in part 105-69 of this
title when all of the following conditions apply: (a) You have entered into a
cooperative agreement with GSA that provides for your SASP to retain surplus
property for use in performing donation functions or any other cooperative agreement. (b) The cooperative agreement
was executed after (c) The fair market value of the
property requested under the cooperative agreement is more than $100,000. Justifying Special Transfer
Requests §102-37.220—Are there
special types of surplus property that require written justification when
submitting a transfer request? Yes, a SASP must obtain written
justification from the intended donee, and submit it
to GSA along with the transfer request, prior to allocation of: (a) Aircraft and vessels covered
by §102-37.455; (b) Items requested specifically
for cannibalization; (c) Foreign gifts and
decorations (see part 102-42 of this chapter); (d) Items containing 50 parts
per million or greater of polychlorinated biphenyl (see part 101-42 of this
title); (e) Firearms as described in
part 101-42 of this title; and (f) Any item on which written
justification will assist GSA in making allocation to States with the greatest
need. §102-37.225—What
information or documentation must a SASP provide when requesting a surplus
aircraft or vessel? (a) For each SF 123 that you
submit to GSA for transfer of a surplus aircraft or vessel covered by §102-37.455
include: (1) A letter of intent, signed
and dated by the authorized representative of the proposed donee
setting forth a detailed plan of utilization for the property (see §102-37.230
for information a donee has to include in the letter
of intent); and (2) A letter, signed and dated
by you, confirming and certifying the applicant’s eligibility and containing an
evaluation of the applicant’s ability to use the aircraft or vessel for the
purpose stated in its letter of intent and any other supplemental information
concerning the needs of the donee which supports
making the allocation. (b) For each SF 123 that GSA
approves, you must include: (1) Your distribution document,
signed and dated by the authorized donee
representative; and (2) A conditional transfer
document, signed by you and the intended donee, and containing
the special terms and conditions prescribed by GSA. §102-37.230—What must a
letter of intent for obtaining surplus aircraft or vessels include? A letter of intent for obtaining
surplus aircraft or vessels must provide: (a) A description of the
aircraft or vessel requested. If the item is an aircraft, the description must
include the manufacturer, date of manufacture, model, and serial number. If the
item is a vessel, it must include the type, name, class, size, displacement, length, beam, draft, lift
capacity, and the hull or registry number, if known; (b) A detailed description of
the donee’s program and the number and types of
aircraft or vessels it currently owns; (c) A detailed description of
how the aircraft or vessel will be used, its purpose, how often and for how
long. If an aircraft is requested for flight purposes, the donee
must specify a source of pilot(s) and where the aircraft will be housed. If an aircraft
is requested for cannibalization, the donee must
provide details of the cannibalization process (time to complete the
cannibalization process, how recovered parts are to be used, method of accounting for
usable parts, disposition of unsalvageable parts, etc.) If a vessel is
requested for waterway purposes, the donee must
specify a source of pilot(s) and where the vessel will be docked.
If a vessel is requested for permanent docking on water or land, the donee must provide details of the process, including the
time to complete the process; and (d) Any supplemental information
(such as geographical area and population served, number of students enrolled
in educational programs, etc.) supporting the donee’s
need for the aircraft or vessel. §102-37.235—What type of
information must a SASP provide when requesting surplus property for cannibalization? When a donee
wants surplus property to cannibalize, include the following statement on the
SF 123: “Line Item Number(s) requested for cannibalization.” In addition to
including this statement, provide a detailed justification concerning the need
for the components or accessories and an explanation of the effect removal will
have on the item. GSA will approve requests
for cannibalization only when it is clear from the justification that
disassembly of the item for use of its component parts will provide greater
potential benefit than use of the item in its existing form. §102-37.240—How must a
transfer request for surplus firearms be justified? To justify a transfer request
for surplus firearms, the requesting SASP must obtain and submit to GSA a
letter of intent from the intended donee that
provides: (a) Identification of the donee applicant, including its legal name and complete
address and the name, title, and telephone number of its authorized
representative; (b) The number of compensated
officers with the power to apprehend and to arrest; (c) A description of the
firearm(s) requested; (d) Details on the planned use
of the firearm(s); and (e) The number and types of
donated firearms received during the previous 12 months through any other
Federal program. Custody, Care, and
Safekeeping §102-37.245—What must a
SASP do to safeguard surplus property in its custody? To safeguard surplus property in
your custody, you must provide adequate protection of property in your custody,
including protection against the hazards of fire, theft, vandalism, and
weather. §102-37.250—What actions
must a SASP take when it learns of damage to or loss of surplus property in its
custody? If you learn that surplus
property in your custody has been damaged or lost, you must always notify GSA
and notify the appropriate law enforcement officials if a crime has been committed. §102-37.255—Must a SASP
insure surplus property against loss or damage? No, you are not required to
carry insurance on Federal surplus property in your custody. However, if you
elect to carry insurance and the insured property is lost or damaged, you must submit a check made payable
to GSA for any insurance proceeds received in excess of your actual costs of
acquiring and rehabilitating the property prior to its loss, damage, or destruction. Distribution of Property §102-37.260—How must a SASP
document the distribution of surplus property? All SASPs
must document the distribution of Federal surplus property on forms that are prenumbered