Contents
102-35.10-35.10 Excess personal property disposal process.#
(a)Personal property not needed by your activity must first be offered for use elsewhere within your agency via internal screening. If the property is not needed by any activity within your agency, your agency must report the property as excess to GSA for possible transfer to eligible recipients.
(b)If no Federal agencies request the excess personal property, GSA declares the property to be surplus and makes it available for donation to eligible non-Federal recipients.
(c)Surplus personal property not selected for donation is offered for sale to the public by competitive offerings. Sales must be conducted in accordance with part 102-38 of this subchapter.
(d)If a written determination is made that the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale, you may dispose of the property by abandonment or destruction, or donate it to public bodies. This determination may occur at any stage of the disposal process.
102-35.15-35.15 Deviations.#
All provisions in parts 102-36 through 102-42 of this subchapter are subject to deviation with adequate justification except for those mandated by statute, as described in §§ 102-39.20(a)(2) and 102-39.30 of this subchapter. See §§ 102-2.60 through 102-2.110 of this chapter to request a deviation.
102-35.20-35.20 Definitions.#
The following definitions apply to GSA's personal property regulations in parts 102-35 through 102-42 of this subchapter. Accountability means the ability to account for personal property by providing a complete audit trail for property transactions from receipt to final disposition. Acquire means to procure or otherwise obtain personal property, including by lease. Acquisition cost means the original purchase price of an item. Allocation means the process by which GSA identifies the recipient to receive excess property per § 102-36.140 of this subchapter, or surplus property per § 102-37.40 of this subchapter. Ammunition as defined in 18 U.S.C. 921(a)(17), means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm. Ammunition components mean the individual parts of ammunition, including cartridge cases, primers, bullets/projectiles, and propellant powder. Auction means a competitive sale where the bid amounts of different bidders are disclosed as they are submitted, providing bidders with the option to increase their bids if they choose. Bids are submitted as specified by the selling agency. The bidder with the highest bid at the close of each bidding process is normally awarded the property. Bid means a response to an offer to sell that, if accepted, would bind the bidder to the terms and conditions of the contract (including the bid price). Bidder means any entity that is responding to or has responded to an offer to sell. Biologicals means hazardous materials associated with the products and operations of applied biology and/or biochemistry, especially serums, vaccines, etc., produced from microorganisms. Cannibalization means to remove serviceable parts from one item of equipment to install them on another item of equipment. Combat material means arms, ammunition, and implements of war listed in the U.S. munitions list (22 CFR part 121). Commerce Control List Items (CCLIs) are dual use (commercial/military) items that are subject to export control by the Bureau of Industry and Security, Department of Commerce. These items have been identified in the U.S. Export Administration Regulations (15 CFR part 774) as export controlled for reasons of national security, crime control, technology transfer, and scarcity of materials. Control means the ongoing function of maintaining physical oversight and surveillance of personal property throughout its complete life cycle using various property management tools and techniques considering the environment in which the property is located and its vulnerability to theft, waste, fraud, or abuse. Controlled substances mean:
(1)Any narcotic, depressant, stimulant, or hallucinogenic drug, or any other drug or substance included in Schedules I, II, III, IV, or V of section 202 of the Controlled Substances Act (21 U.S.C. 812), except exempt chemical preparations and mixtures and excluded substances contained in 21 CFR part 1308; or
(2)Any other drug or substance that the Attorney General determines to be subject to control under Subchapter I of the Controlled Substances Act (21 U.S.C. 801, et seq.); or
(3)Any other drug or substance that by international treaty, convention, or protocol is to be controlled by the U.S. Cooperative means the organization or entity that has a cooperative agreement with a Federal agency. Cooperative agreement means a legal instrument reflecting a relationship between a Federal agency and a non-Federal recipient, made in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), under any or all the following circumstances:
(1)Are identical; or
(2)Fall within a single Federal Supply Classification (FSC) Group of property (includes all forms of property within a single FSC Group); or
(3)Are parts or containers for similar end items; or
(4)Are designed or constructed for the same general purpose (including all forms of property regardless of the FSC Group to which they are assigned). Spot bid sale means a competitive sale where immediately following the offering of the property, bids are examined, and awards are made or bids rejected on the spot. Bids are submitted as specified by the selling agency and must not be disclosed prior to announcement of award. State means one of the 50 States, the District of Columbia, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands. State Agency for Surplus Property (SASP) means the agency designated under State law to receive Federal surplus personal property for distribution to eligible donees within the State as provided for in 40 U.S.C. 549. State or local government means a State, territory, possession, political subdivision thereof, or tax-supported agency therein. Surplus personal property (surplus) means excess personal property not required for the needs of any Federal agency, as determined by GSA. Surplus release date means the date on which Federal utilization screening of excess personal property has been completed, and the property is available for donation as surplus. Transfer with reimbursement means a transfer of excess personal property between Federal agencies where the recipient is required to pay, i.e., reimburse the holding agency, for the property. Transferee means a public airport receiving surplus property from a holding agency through the FAA, or SASP. Unclaimed property means personal property unknowingly abandoned and found on premises owned or leased by the Government, i.e., lost and found property. United States (U.S.) means all the 50 States and the District of Columbia. Utilization means the identification, reporting, and transfer of excess personal property among Federal agencies. Vessels means ships, boats and craft designed for navigation in and on the water, propelled by oars or paddles, sail, or power. Voluntarily abandoned property means personal property abandoned to any Federal agency in a way that immediately vests title to the property in the Government. There must be written or circumstantial evidence that the property was intentionally and voluntarily abandoned. This evidence should be clear that the property was simply not lost by the owner.
102-35.5-35.5 Scope.#
The General Services Administration's (GSA) personal property disposal regulations are contained in this part and parts 102-36 through 102-42 of this subchapter. With two exceptions, this part covers the disposal of personal property under the custody and control of executive agencies located in the United States (U.S.), the U.S. Virgin Islands, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau. The exceptions to this coverage are part 102-39 of this subchapter, which applies to the replacement of all property owned by executive agencies worldwide using the exchange/sale authority, and §§ 102-36.210 through 102-36.225 of this subchapter, which apply to the disposal of foreign excess personal property. All executive agencies must comply with the provisions of this part and parts 102-36 through 102-42 unless authorized by specific, separate statutory authority to do otherwise. The legislative and judicial branches are encouraged to follow this part and parts 102-36 through 102-42 for property in their custody and control.
United States Government work; public domain under 17 U.S.C. § 105.