41 C.F.R. Subpart 109–45.3—Sale of Personal Property
Title 41 - Public Contracts and Property Management
Sales of surplus contractor inventory will be conducted by designated contractors when heads of field organizations determine that it is in the best interest of the Government. OPMOs and appropriate program officials shall perform sufficient oversight over these sales to ensure that personal property requiring special handling or program office certification is sold in accordance with regulatory requirements. The following clause shall be included in all sales invitations for bid:
Personal property purchased from the U.S. Government may or may not be authorized for export/import from/into the country where the personal property is located. If export/import is allowed, the purchaser is solely responsible for obtaining required clearances or approvals. The purchaser also is required to pass on DOE's export control guidance if the property is resold or otherwise disposed.
Title 41: Public Contracts and Property Management
PART 109–45—SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY
Subpart 109–45.3—Sale of Personal Property
§ 109-45.300-50 Sales by designated contractors.
§ 109-45.301-51 Export/import clause.
§ 109-45.302 Sale to Government employees.
§ 109-45.302-50 Sales to DOE employees and designated contractor employees.
(a) DOE employees and employees of designated contractors shall be given the same opportunity to acquire Government personal property as is given to the general public, provided the employees warrant in writing prior to award that they have not either directly or indirectly:
(1) Obtained information not otherwise available to the general public regarding usage, condition, quality, or value of the personal property, or
(2) Participated in:
(i) The determination to dispose of the personal property;
(ii) The preparation of the personal property for sale; and
(iii) Determining the method of sale.
(b) Excess or otherwise unusable special, fitted clothing and other articles of personal property, acquired for the exclusive use of an individual employee, may be sold to the employee for the best price obtainable when the property is no longer required by the holding organization or the employee is terminated.
§ 109-45.303 Reporting property for sale.
§ 109-45.303-3 Delivery.
(a)–(b) [Reserved]
(c) Guidelines for signature authorization and control of blank copies of Standard Form 97, United States Government Certificate to Obtain Title to a Vehicle are contained in subpart 109–38.7 of this chapter.
§ 109-45.304 Sales methods and procedures.
§ 109-45.304-2 Negotiated sales and negotiated sales at fixed prices.
(a)(1) [Reserved]
(2) The head of each field organization shall designate a responsible person to approve negotiated sales by DOE direct operations.
(3) Requests for prior approval of negotiated sales by DOE direct operations shall be submitted with justification to the OPMO for review and forwarding to GSA for approval.
(b) [Reserved]
§ 109-45.304-2.50 Negotiated sales and negotiated sales at fixed prices by designated contractors.
(a) Negotiated sales by designated contractors of surplus contractor inventory may be made when the DOE contracting officer determines and documents prior to the sale that the use of this method of sale is justified on the basis of the circumstances enumerated below, provided that the Government's interests are adequately protected. These sales shall be at prices which are fair and reasonable and not less than the proceeds which could reasonably be expected to be obtained if the personal property was offered for competitive sale. Specific conditions justifying negotiated sales include:
(1) No acceptable bids have been received as a result of competitive bidding under a suitable advertised sale;
(2) Personal property is of such small value that the proceeds to be derived would not warrant the expense of a formal competitive sale;
(3) The disposal will be to a state, territory, possession, political subdivision thereof, or tax-supported agency therein, and the estimated fair market value of the personal property and other satisfactory terms of disposal are obtained by negotiation;
(4) The specialized nature and limited use potential of the personal property would create negligible bidder interest;
(5) Removal of the personal property would result in a significant reduction in value, or the accrual of disproportionate expense in handling; or
(6) It can be clearly established that such action is in the best interests of the Government.
(b) When determined to be in the best interests of the Government, heads of field organizations may authorize fixed-price sales of surplus contractor inventory by designated contractors provided:
(1) The fair market value of the item to be sold does not exceed $15,000;
(2) Adequate procedures for publicizing such sales have been established;
(3) The sales prices are not less than could reasonably be expected if competitive bid sales methods were employed and the prices have been approved by a reviewing authority designated by the head of the field organization; and
(4) The warranty prescribed in §109–45.302–50(a) of this subpart is obtained when sales are made to employees.
§ 109-45.304-6 Reviewing authority.
The reviewing authority may consist of one or more persons designated by the head of the field organization.
§ 109-45.304-50 Processing bids and awarding of contracts.
The procedures established in 48 CFR 14.4 and 48 CFR 914.4 shall be made applicable to the execution, receipt, safeguarding, opening, abstraction, and evaluation of bids and awarding contracts, except that in evaluating bids and awarding contracts, disposal under conditions most advantageous to the Government based on high bids received shall be the determining factor.
§ 109-45.304-51 Documentation.
Files pertaining to surplus property sales shall contain copies of all documents necessary to provide a complete record of the sales transactions and shall include the following as appropriate:
(a) A copy of the request/invitation for bids if a written request/ invitation for bids is employed. A list of items or lots sold, indicating acquisition cost, upset price and sales price indicated.
(b) A copy of the advertising literature distributed to prospective bidders.
(c) A list of prospective bidders solicited.
(d) An abstract of bids received.
(e) Copies of bids received, including Standard Form 119, Contractor's Statement of Contingent or Other Fees, together with other relevant information.
(f) A statement concerning the basis for determination that proceeds constitute a reasonable return for property sold.
(g) When appropriate, full and adequate justification for not advertising the sale when the fair market value of property sold in this manner in any one case exceeds $1,000.
(h) A justification concerning any award made to other than the high bidder.
(i) The approval of the reviewing authority when required.
(j) A copy of the notice of award.
(k) All related correspondence.
(l) In the case of auction or spot bid sales, the following additional information should be included:
(1) A summary listing of the advertising used (e.g., newspapers, radio, television, and public postings).
(2) The names of the prospective bidders who attended the sale.
(3) A copy of any pertinent contract for auctioneering services and related documents.
(4) A reference to files containing record of deposits and payments.
§ 109-45.309 Special classes of property.
§ 109-45.309-2.50 Hazardous property.
Hazardous property shall be made available for sale only after the review and certification requirements of §109–43.307–2.50 of this subpart have been met.
§ 109-45.309-51 Export controlled property.
Export controlled property shall be made available for sale only after the export license requirements of §109–43.307–50 of this subpart have been met.
§ 109-45.309-52 Classified property.
Classified property shall be made available for sale only after the declassification requirements of §109–43.307–51 of this subpart have been met.
§ 109-45.309-53 Nuclear-related or proliferation sensitive property.
Nuclear-related or proliferation-sensitive property shall be made available for sale only after the stripping and certification requirements of §109–43.307–52 of this subpart have been met.
§ 109-45.309-54 Automatic Data Processing Equipment (ADPE).
ADPE shall be made available for sale only after the sanitizing and certification requirements of §109–43.307–53 of this subpart have been met.
§ 109-45.310 Antitrust laws.
DOE offices shall submit to the Deputy Assistant Secretary for Procurement and Assistance Management any request for a proposed sale of a patent, process, technique, or invention, regardless of cost; or of surplus personal property with a fair market value of $3,000,000 or more.
§ 109-45.317 Noncollusive bids and proposals.
(a) [Reserved]
(b) The head of the field organization shall make the determination required in 41 CFR 101–45.317(b). This authority cannot be redelegated.
Browse Previous | Browse Next
