41 C.F.R. Subpart A—General Provisions
Title 41 - Public Contracts and Property Management
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 District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. 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. [67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006] 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). See §§102–2.60 through 102–2.110 of this chapter to request a deviation from the requirements of 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 District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. 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. You, when used in subparts D and E of this part, means SASP, unless otherwise specified. [67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006]
Title 41: Public Contracts and Property Management
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?
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 The known or Submit a SF 123 than was approved by GSA for estimated for the transfer. acquisition cost difference to GSA of the line (Identify the item(s) involved property as an is $500 or more. overage and include the original transfer order number.) \1\------------------------------------------------------------------------(b) Less property is received The acquisition Submit a shortage than was approved by GSA for cost of the report to GSA, transfer. missing item(s) with a copy to is $500 or more. the holding agency.\1\------------------------------------------------------------------------(c) The known or estimated Annotate on your acquisition cost of the receiving and property is less than $500 inventory records, a description of the property, its known or estimated acquisition cost, and the name of the holding agency.------------------------------------------------------------------------\1\ 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. [67 FR 2584, Jan. 18, 2002, as amended at 71 FR 23868, Apr. 25, 2006] § 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. Browse Next
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