§ 102-33.245 May we report as excess, or replace (i.e., by exchange/sale), both operational and non-operational aircraft?
Yes, you may report as excess both operational and non-operational aircraft by following the rules governing excess property in part 102–36 of this subchapter B. Exchange or sale of aircraft is prohibited by part 102–39 of this subchapter B, so you will need approval from GSA to deviate from that part to replace operational or non-operational aircraft by exchange/sale. (See §102–33.275 for further guidance on this restriction). § 102-33.250 May we report as excess, or replace, declassified aircraft?
Yes, you may report as excess, or replace, a declassified aircraft (see §§102–33.415 through 102–33.420 for information on declassifying aircraft). However, a declassified aircraft is no longer considered an aircraft, but may be considered as a group of aircraft parts or other property for ground use only. You must carry such “aircraft parts or other property” on your property records under the appropriate Federal Supply Classification group(s) (e.g., miscellaneous property, but not as an “aircraft”). For disposal of the property remaining after declassification of an aircraft, you must follow the property disposal regulations in parts 102–36, 102–37, and 102–39 of this subchapter B. § 102-33.255 Must we document FSCAP or life-limited parts installed on aircraft that we will report as excess or replace?
Yes, you must comply with the documentation procedures described in §102–33.370 if your aircraft and/or engines contain FSCAP or life-limited parts. § 102-33.260 When we report as excess, or replace, an aircraft (including a declassified aircraft), must we report the change in inventory to the Federal Aviation Interactive Reporting System (FAIRS)?
(a) Yes, when you report as excess, or replace, an aircraft, you must report the change in inventory to the Federal Aviation Interactive Reporting System (FAIRS). For complete information, see the “FAIRS User's Manual,” which is available from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405.
(b) Within 14 calendar days of the date you dispose of the aircraft, you must report—
(1) The disposal method (e.g., reassignment, inter-agency transfer, donation, sale as surplus or scrap, declassification, or exchange/sale);
(2) The disposal date; and
(3) The identity and type of recipient (e.g., State, educational institution, executive agency, commercial vendor). Reporting Excess Government Aircraft
§ 102-33.265 What are our options if aircraft are excess to our needs?
If aircraft are excess to your needs, your options include first determining if any of your sub-agencies can use the aircraft. If so, you may reassign the aircraft within your agency. If not, you must report the aircraft as excess property to GSA (see parts 102–36 and 102–37 of this subchapter B). GSA will dispose of the property, giving priority first to transferring it to another Federal agency, next to donating it as surplus property, and finally to selling it to the public as surplus. § 102-33.270 What is the process for reporting an excess aircraft?
To report an excess aircraft, you must submit a Standard Form (SF) 120, Report of Excess Personal Property (see §102–2.135 of this chapter), to GSA (Federal Supply Service (FSS) Region 9, 450 Golden Gate Ave., 9FBP, San Francisco, CA 94102–3434, (415) 522–3029). You may also report electronically to GSA's Federal Disposal System (FEDS). For information on reporting excess property electronically, contact the FSS Office of Transportation and Personal Property (FBP), 1941 Jefferson Davis Highway, Room 812, Arlington, VA 22202, (703) 305–7240. Replacing Aircraft Through Exchange or Sale
§ 102-33.275 Are there restrictions on replacing aircraft by exchange or sale?
Yes, because aircraft are on GSA's exchange/sale prohibited list (see part 102–39 of this subchapter B), you may not exchange or sell aircraft unless you obtain approval from GSA to deviate from part 102–39 of this subchapter B (see §102–33.10 on how to request a deviation). In your letter of request to GSA, you must include the full details of your situation and the proposed transaction and certify that—
(a) Your agency's mission is dependent upon receiving a replacement aircraft;
(b) You will be replacing the aircraft with similar-type property (see §102–39.15 of this subchapter B for a definition of “similar”);
(c) Your replacement will be on a one-for-one basis (you must request and justify a waiver from GSA, Aircraft Management Policy Division (MTA), 1800 F Street, NW., Washington, DC 20405, to deviate from the one-for-one rule); and
(d) The exchange or sale meets all other requirements in part 102–39 of this subchapter B.
Note to §102–33.275: The requirement to get GSA's approval for an exchange/sale does not apply if a Federal statute specifically authorizes your agency to exchange or sell certain aircraft.
§ 102-33.280 What are our options if we need a replacement aircraft?
If you need to replace an aircraft, and you have GSA's prior written approval for a deviation (see §102–33.275), your options include—
(a) Negotiating and conducting an exchange transaction directly with an aircraft provider and obtaining credit toward the purchase of a replacement aircraft, following the procurement rules applicable to your agency; or
(b) Selling the aircraft and using the proceeds to offset the cost of purchasing a replacement aircraft, following part 102–39 of this subchapter B. The GSA can conduct sales for you; contact GSA (Region 9) for more information. § 102-33.285 Do we need to include any special disclaimers in our exchange/sale agreements for uncertificated aircraft or aircraft that we have operated as public aircraft (i.e., not in compliance with the Federal Aviation Regulations, 14 CFR chapter I)?
Yes, when you exchange or sell uncertificated aircraft or aircraft maintained as public aircraft, you must ensure that the exchange or sales offerings contain the following statement:
Warning to purchasers/recipients. The aircraft you have purchased or received in an exchange may not be in compliance with applicable FAA requirements. You are solely responsible for bringing the aircraft into compliance with 14 CFR chapter I, or other applicable standards, by obtaining all necessary FAA inspections or modifications. § 102-33.290 What other disclaimers must we include in our exchange/sale agreements for aircraft?
When you exchange or sell aircraft, you must ensure that the following disclaimer is signed by the purchaser/recipient and received by the Government before releasing the aircraft to the purchaser/recipient:
The purchaser/recipient agrees that the Government shall not be liable for personal injuries to, disabilities of, or death of the purchaser/recipient, the purchaser's/recipient's employees, or to any other persons arising from or incident to the purchase of this aircraft, its use, or disposition. The purchaser/recipient shall hold the Government harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to purchase, use, or resale of this item. § 102-33.295 May we exchange or sell an aircraft through reimbursable transfer to another executive agency?
Yes, you may exchange or sell aircraft through reimbursable transfer to another executive agency if you have prior written approval from GSA to deviate from part 102–39 of this subchapter B (see §102–33.275). See part 102–39, subpart B, and part 102–36 of this subchapter B for more information on reimbursable transfer of property. Before offering to the public an aircraft that is eligible for exchange/sale, you should consult with other executive agencies to find out if any agency is interested in taking the aircraft for reimbursement in funds or in kind (as you are directed in part 102–39 of this subchapter B).
Note to §102–33.295: Some agencies may also have special congressional authorization to recover costs. Disposing of Aircraft Parts
§ 102-33.300 What must we consider before disposing of aircraft parts?
Before disposing of aircraft parts, you must determine if they are excess to your agency's mission requirements or if you will need replacements (i.e., they are not excess). The table in §102–33.240 shows the differences between excess and replacement parts. § 102-33.305 May we report as excess, or replace, FSCAP and life-limited parts?
Yes, you may report as excess, or replace, FSCAP and life-limited parts, but they require special handling. See the tables in §102–33.370. § 102-33.310 May we report as excess, or replace, unsalvageable aircraft parts?
No, you may not report unsalvageable aircraft parts as excess or exchange or sell them for replacements. You must mutilate unsalvageable parts. You may sell the mutilated parts only as scrap or report that scrap to GSA for sale. § 102-33.315 What are the procedures for mutilating unsalvageable aircraft parts?
To mutilate unsalvageable aircraft parts, you must—
(a) Destroy the data plates, remove the serial/lot/part numbers, and cut, crush, grind, melt, burn, or use other means to prevent the parts from being misidentified or used as serviceable aircraft parts. See detailed guidance in the FAA's Advisory Circular 21-38, “Disposition of Unsalvageable Aircraft Parts and Materials,” available from the FAA. Call your regional FAA Flight Standards District Office for additional guidance;
(b) Ensure that an authorized official of your agency witnesses and documents the mutilation; and
(c) Retain a signed certification and statement of mutilation. § 102-33.320 What must we do if we are unable to perform required mutilation of aircraft parts?
If you are unable to perform the required mutilation of aircraft parts, you must turn in the parts to a Federal or federally approved facility for mutilation and proper disposition. Ensure that any contractor follows the provisions of §102–33.315 for mutilating and disposing of the parts. § 102-33.325 What documentation must we furnish with excess/surplus or replaced parts when they are transferred, donated, exchanged, or sold?
When you transfer, donate, exchange, or sell excess/surplus or replaced parts, you must—
(a) Furnish all applicable labels, tags, and historical and modification records for serviceable aircraft parts;
(b) Mark mutilated parts as unsalvageable (mutilated parts may be sold only for scrap; see §102–33.315); and
(c) Ensure that all available tags, labels, applicable historical data, life-histories, and maintenance records accompany FSCAP and life-limited parts and that FSCAP criticality codes (see §102–33.375) are perpetuated on documentation (see §102–33.330 for additional requirements). Reporting Excess Aircraft Parts
§ 102-33.330 What must we do with aircraft parts that are excess to our needs?
If you have aircraft parts that are excess to your needs, you must first determine if any of your sub-agencies can use the parts. If they can, you may reassign them within your agency. If they cannot, then you must report the excess parts to the GSA FSS Office in your region, using SF 120, Report of Excess Personal Property (see §102–2.135 of subchapter A of this chapter). When reporting excess FSCAP, you must include the manufacturer's name, date of manufacture, part number, serial number, and the appropriate Criticality Code on the SF 120. You may report electronically using the FEDS system. For information on reporting excess property electronically, contact the FSS Office of Transportation and Personal Property (FBP), 1941 Jefferson Davis Highway, Room 812, Arlington, VA 22202, (703) 305–7240. See parts 102–36 and 102–37 of this subchapter B on disposing of excess property. § 102-33.335 What are the receiving agency's responsibilities in the transfer or donation of aircraft parts?
An agency that receives transferred or donated aircraft parts must:
(a) Verify that all applicable labels and tags and historical and modification records are furnished with serviceable aircraft parts (i.e., parts that are intended for flight use). This requirement does not apply to parts for ground use only. See the tables at §102–33.370.
(b) Mutilate all transferred or donated parts that you discover to be unsalvageable, and dispose of them properly, following the procedures in §102–33.315. § 102-33.340 What are GSA's responsibilities in disposing of excess and surplus aircraft parts?
In disposing of excess aircraft parts, the GSA Federal Supply Service office in your region reviews your SF 120, Report of Excess Personal Property (see §102–2.135 of subchapter A of this chapter) for completeness and accuracy (of status, condition, and FSCAP and demilitarization codes if applicable) and ensures that the following certification is included on disposal documents (e.g., transfer orders or purchasers' receipts):
Because of the critical nature of aircraft parts' failure and the resulting potential safety threat, recipients of aircraft parts must ensure that any parts installed on an aircraft meet applicable Federal Aviation Regulations and must obtain required certifications. GSA makes no representation as to a part's conformance with the Federal Aviation Administration's requirements. § 102-33.345 What are a State agency's responsibilities in the donation of Federal Government aircraft parts?
When a State agency accepts surplus Federal Government aircraft parts for donation, the agency must—
(a) Review donation and transfer documents for completeness and accuracy, and ensure that the certification in §102–33.340 is included;
(b) Ensure that when the donee determines the part to be unsalvageable, the donee mutilates the part following the procedures in §102–33.315; and
(c) Ensure that the donee retains, maintains, and perpetuates all documentation for serviceable parts (i.e., parts intended for flight use). Replacing Aircraft Parts Through Exchange or Sale
§ 102-33.350 Do we need approval from GSA to replace aircraft parts by exchange or sale?
No, you don't need approval from GSA to replace parts by exchange or sale. However, you must follow the provisions of this subpart and part 102–39 of this subchapter B. Replacement parts do not have to be for the same type or design of aircraft, but you must use the exchange allowance or sales proceeds to purchase aircraft parts to support your aviation program to meet the “similarity” requirement in part 102–39 of this subchapter B. § 102-33.355 May we do a reimbursable transfer of parts with another executive agency?
Yes, you may request that the Federal Supply Service office in your region approve a reimbursable transfer of aircraft parts under the exchange/sale authority in part 102–39 of this subchapter B to another executive agency as a way to receive parts in exchange or money to be used to purchase replacement parts. § 102-33.360 What is the process for selling or exchanging aircraft parts for replacement?
(a) You or your agent (e.g., another Federal agency or GSA, Federal Supply Service (FSS)) may transact an exchange or sale directly with a non-federal source or do a reimbursable transfer with another executive agency as long as you or your agent—
(1) Follow the provisions in this part and in part 102–39 of this subchapter B.
(2) Ensure that the applicable labels and tags, historical data and modification records accompany the parts at the time of sale, and that sales offerings on aircraft parts contain the following statement:
Warning to purchasers/recipients. The parts you have purchased or received in an exchange may not be in compliance with applicable FAA requirements. You are solely responsible for bringing the parts into compliance with 14 CFR part 21 or other applicable standards, by obtaining all necessary FAA inspections or modifications.
(3) Ensure that the following certification is signed by the purchaser/recipient and received by the Government before releasing parts to the purchaser/recipient:
The purchaser/recipient agrees that the Government shall not be liable for personal injuries to, disabilities of, or death of the purchaser/recipient, the purchaser's/recipient's employees, or to any other persons arising from or incident to the purchase of this item, its use, or disposition. The purchaser/recipient shall hold the Government harmless from any or all debts, liabilities, judgments, costs, demands, suits, actions, or claims of any nature arising from or incident to purchase, use, or resale of this item.
(b) GSA, Federal Supply Service (FSS), can conduct sales of aircraft parts for you. Contact your GSA Regional Office for more information. § 102-33.365 Must we report exchange or sale of parts to FAIRS?
No, you don't have to report exchange or sale of parts to FAIRS. However, you must keep records of the transactions, which GSA may request to see. Special Requirements for Disposing of Flight Safety Critical Aircraft Parts (FSCAP) and Life-Limited Parts
§ 102-33.370 What must we do to dispose of military FSCAP or life-limited parts?
To dispose of military FSCAP or life-limited parts, you must use the following tables:
(a) Table 1 for disposing of uninstalled FSCAP and life-limited parts follows:
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