41 C.F.R. PART 102-38--SALE OF PERSONAL PROPERTY
TITLE 41--Public Contracts and Property Management
Subtitle C--FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
SUBCHAPTER B--PERSONAL PROPERTY
PART 102-38--SALE OF PERSONAL PROPERTY
Subpart A--GENERAL PROVISIONS
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| What does this part cover?
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| What is the governing authority for this part?
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| Who must comply with these sales provisions?
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| Must we follow the regulations of this part when selling all personal property?
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| To whom do ''we'', ''you'', and their variants refer?
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| How do we request a deviation from the provisions of this part?
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| What definitions apply to this part?
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| Who may sell personal property?
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| What are our responsibilities in selling personal property?
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| What must we do when we suspect violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property?
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| What must we do when selling personal property?
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| Who is responsible for the costs of care and handling of the personal property before it is sold?
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| What if we are notified of a Federal requirement for surplus personal property before the sale is complete?
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| May we abandon or destroy personal property either prior to or after trying to sell it?
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Subpart B--SALES PROCESS
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| How may we sell personal property?
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| Which method of sale should we use?
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| What is a sealed bid sale?
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| What is a negotiated sale?
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| Under what conditions may we negotiate sales of personal property?
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| Who approves our determinations to conduct negotiated sales?
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| What are the specific reporting requirements for negotiated sales?
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| When may we conduct negotiated sales of personal property at fixed prices (fixed price sale)?
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| May we sell personal property at fixed prices to State agencies?
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| Must we publicly advertise sales of Federal personal property?
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| What constitutes a public advertisement?
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| What must we include in the public notice on sale of personal property?
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| Must we allow for inspection of the personal property to be sold?
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| How long is the inspection period?
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| What is an offer to sell?
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| What must be included in the offer to sell?
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| Are the terms and conditions in the offer to sell binding?
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Subpart C--BIDS
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| May we sell Federal personal property to anyone?
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| How do we find out if a person or entity has been suspended or debarred from doing business with the Government?
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| May we sell Federal personal property to a Federal employee?
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| May we sell Federal personal property to State or local governments?
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| What is considered a responsive bid?
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| Must bidders use authorized bid forms?
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| What happens when bids have been rejected?
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| When may we disclose the bid results to the public?
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| What must we do when the highest bids received have the same bid amount?
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| What are the additional requirements in the bid process?
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| Is a bid deposit required to buy personal property?
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| What types of payment may we accept as bid deposits?
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| What happens to the deposit bond if the bidder defaults or wants to withdraw his/her bid?
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| Do we consider late bids for award?
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| How do we handle late bids that are not considered?
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| May we allow a bidder to modify or withdraw a bid?
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| Who makes the administrative determinations regarding mistakes in bids?
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| Must we keep records on administrative determinations?
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| May a bidder protest the determinations made on sales of personal property?
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Subpart D--COMPLETION OF SALE
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| To whom do we award the sales contract?
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| What happens when there is no award?
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| How do we transfer title from the Government to the buyer for personal property sold?
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| What types of payment may we accept?
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| May we retain sales proceeds?
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| What happens to sales proceeds that we are not authorized to retain or that are unused?
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| How do we handle disputes involved in the sale of Federal personal property?
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| Are we required to use the Disputes clause in the sale of personal property?
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| Are we required to use Alternative Disputes Resolution for sales contracts?
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Subpart E--OTHER GOVERNING STATUTES
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| Are there other statutory requirements governing the sale of Federal personal property?
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| What are the requirements pertaining to antitrust laws?
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Subpart F--REPORTING REQUIREMENTS
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| Are there any reports that we must submit to the General Services Administration?
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| Is there any additional personal property sales information that we must submit to the General Services Administration?
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Subpart G--PROVISIONS FOR STATE AND LOCAL GOVERNMENTS
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| How may we sell personal property to State and local governments?
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| Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property wants to buy it?
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| Are there special provisions for State and local governments regarding negotiated sales?
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| Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales?
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