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. § 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 §10945.302-50(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. (1) 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 §109-45.1004 Recovery and use of precious metals through the DOD Precious Metals Recovery Program. DOE operates its own precious metals pool and therefore does not participate in the DOD Precious Metals Recovery Program. See $109-27.5106 of this chapter for guidance on operation of the DOE precious metals pool. Subpart 109-45.47-Reports § 109-45.4702 Negotiated sales reports. The report of negotiated sales shall be submitted by DOE offices to the DPMO by November 15 of each year for furnishing to GSA. Subpart 109-45.50-Excess and § 109-45.5005 Disposal. (a) Nuclear-related, proliferation-sensitive, low level contaminated property, and classified personal property shall not be transferred, sold, exchanged, leased, donated, abandoned, or destroyed without approval of the cognizant program office. Disposal of this personal property is subject to the restrictions contained in applicable sections of part 109-42 and §§ 109-43.30750, 109-43.307-51, and 109-43.307-52 of this chapter, and applicable sections of 41 CFR part 101–42. (b) Personal property that is considered defective or unsafe must be mutilated prior to shipment for disposal. Subpart 109-45.51-Disposal of Excess and Surplus Personal Property in Foreign Areas § 109-45.5100 Scope of subpart. This subpart sets forth policies and procedures governing the disposal of DOE-owned foreign excess and surplus personal property. §109-45.5101 Authority. The policies and procedures contained in this subpart are issued pursuant to the provisions of 40 USC 471, Federal Property and Administrative Foreign excess personal property which is not required for transfer within DOE or to other U.S. Government agencies, except for the personal property identified in §109-45.5005–1(a) of this part, shall be considered surplus and may be disposed of by transfer, sale, exchange, or lease, for cash, credit, or other property and upon such other terms and conditions as may be deemed proper. Such personal property may also be donated, abandoned, or destroyed under the conditions specified in §109-45.5105-2(c) of this subpart. Most foreign governments have indicated to the U.S. State Department that they wish to be consulted before U.S. Government property is disposed of in their countries (except in the case of transfers to other U.S. Government agencies). Matters concerning customs duties and taxes, or similar charges, may require prior agreement with the |