41 C.F.R. Subpart B—Acquiring Excess Personal Property For Our Agency
Title 41 - Public Contracts and Property Management
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. Using excess personal property to the maximum extent practicable maximizes the return on government dollars spent and minimizes expenditures for new procurement. Before purchasing new property, check with the appropriate regional GSA Personal Property Management office or access FEDS for any available excess personal property that may be suitable for your needs. You must use excess personal property unless it would cause serious hardship, be impractical, or impair your operations. 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. (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). (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. 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.
Title 41: Public Contracts and Property Management
PART 102–36—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?
You may use the following methods to find out what excess personal property is available:
(a) Check GSA's automated excess personal property system FEDS. For information on FEDS, access http://pub.fss.gsa.gov/property/.
(b) Contact or submit want lists to regional GSA Personal Property Management offices.
(c) Check any available holding agency websites (see http://www.policyworks.gov/surplus for a list of federal agency websites.).
(d) Conduct on-site screening at various federal facilities.
§ 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 United States.
§ 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 (FEDS) or any other transfer form specified and approved by GSA.
(b) For the following types of property, you must submit the SF 122 to the corresponding GSA regions:
------------------------------------------------------------------------ Type of property GSA region Location------------------------------------------------------------------------Aircraft......................... 9 FBP San Francisco, CA 94102.Firearms......................... 7 FP-8 Denver, CO 80225.Foreign Gifts.................... FBP Washington, DC 20406.Forfeited Property............... 3 FP Washington, DC 20407.Standard Forms................... 7 FMP Ft. Worth, TX 76102.Vessels, civilian................ 4 FD Atlanta, GA 30365.Vessels, DOD..................... 3 FPD Philadelphia, PA 19107.------------------------------------------------------------------------
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[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000] § 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. Browse Previous | Browse Next
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