41 C.F.R. Subpart D—Completion of Sale
Title 41 - Public Contracts and Property Management
You must award the sales contract to the bidder with the highest responsive bid, unless a determination is made to reject the bid under §102–38.205. When there is no award made, you may sell the personal property at another sale, or you may abandon or destroy it pursuant to §102–36.305 of this subchapter B.
Title 41: Public Contracts and Property Management
PART 102–38—SALE OF PERSONAL PROPERTY
Subpart D—Completion of Sale
Awards
§ 102-38.275 To whom do we award the sales contract?
§ 102-38.280 What happens when there is no award?
Transfer of Title
§ 102-38.285 How do we transfer title from the Government to the buyer for personal property sold?
(a) Generally, no specific form or format is designated for transferring title from the Government to the buyer for personal property sold. For internal control and accountability, you must execute a bill of sale or another document as evidence of transfer of title or any other interest in Government personal property. You must also ensure that the buyer submits any additional certifications to comply with specific conditions and restrictions of the sale.
(b) For sales of vehicles, you must issue to the purchaser a Standard Form (SF) 97, the United States Government Certificate to Obtain Title to a Vehicle, or a SF 97A, the United States Government Certificate to Obtain a Non-Repairable or Salvage Certificate, as appropriate, as evidence of transfer of title. For information on how to obtain these forms, see §102–2.135 of this chapter.
Payments
§ 102-38.290 What types of payment may we accept?
You must adopt a payment policy that protects the Government against fraud. Acceptable payments include, but are not limited to, the following:
(a) U.S. currency or any form of credit instrument made payable on demand in U.S. currency, e.g., cashier's check, money order. Promissory notes and postdated credit instruments are not acceptable.
(b) Irrevocable commercial letters of credit issued by a United States bank payable to the Treasurer of the United States or to the Government agency conducting the sale.
(c) Credit or debit cards.
Disposition of Proceeds
§ 102-38.295 May we retain sales proceeds?
(a) You may retain that portion of the sales proceeds equal to the direct costs and reasonably related indirect costs incurred in selling surplus personal property.
(b) You may retain all sales proceeds when—
(1) You have statutory authority to retain all proceeds from sales of personal property;
(2) You sold property acquired with non-appropriated funds as defined in §102–36.40 of this subchapter B;
(3) You sold surplus Government property that was in the custody of a contractor or subcontractor and the contract or subcontract provisions authorize the proceeds of sale to be credited to the price or cost of the contract or subcontract;
(4) You sold property to obtain replacement property under the exchange/sale authority pursuant to part 102–39 of this subchapter B; or
(5) You sold property related to waste prevention and recycling programs, under the authority of Section 607 of Public Law 107–67 (Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Public Law 107–67, 115 Stat. 514). Consult your General Counsel or Chief Financial Officer for guidance on use of this authority.
§ 102-38.300 What happens to sales proceeds that we are not authorized to retain or that are unused?
Any sales proceeds that are not retained pursuant to the authorities in §102–38.295 must be deposited as miscellaneous receipts in the U.S. Treasury.
Disputes
§ 102-38.305 How do we handle disputes involved in the sale of Federal personal property?
First contact your Office of General Counsel. Further guidance can be found in the Contract Disputes Act of 1978, as amended (41 U.S.C. 601–613), and the Federal Acquisition Regulation (FAR) at 48 CFR part 33.
§ 102-38.310 Are we required to use the Disputes clause in the sale of personal property?
Yes, you must ensure the Disputes clause contained in Federal Acquisition Regulation (FAR) 52.233–1 (48 CFR part 52) is included in all offers to sell and contracts for the sale of personal property.
§ 102-38.315 Are we required to use Alternative Disputes Resolution for sales contracts?
No, you are not required to use Alternative Disputes Resolution (ADR) for sales contracts. However, you are encouraged to use ADR procedures in accordance with the authority and the requirements of the Alternative Disputes Resolution Act of 1998 (28 U.S.C. 651–658).
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