41 C.F.R. Subpart C—Holding Agency
Title 41 - Public Contracts and Property Management
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. [67 FR 2584, Jan. 18, 2002, as amended at 67 FR 78732, Dec. 26, 2002] 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. 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. (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. [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 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?
