§102-34.350 What records do we need to keep?

For owned motor vehicles, you are responsible for developing adequate accounting and reporting procedures to ensure accurate reporting of inventory, cost, and operational data needed to manage and control motor vehicles.

102-34.355 When and how do we report motor vehicle data?

(a) Within 75 calendar days after the end of the fiscal year, use Standard Form 82, Agency Report of Motor Vehicle Data, to report motor vehicle inventory, cost, and operating information. Send the Standard Form 82 to the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: vehicle.policy@gsa.gov

(b) Use separate forms to report data for domestic and foreign fleets.

(1) For motor vehicles lent to another agency during the reporting period, the owning agency reports all data.

(2) For motor vehicles transferred from one owning agency to another, each agency reports data for the time it retained accountability.

(c) Detailed instructions are included as part of the form. You can also complete the Standard Form 82 electronically using a computerized input medium. For further information, contact the: General Services Administration, Attn: MTV, Washington, DC 20405. Email: vehicle.policy@gsa.gov

102-36.60 Who is eligible to acquire excess personal property as authorized by the Property Act?

102-36.65 Why must we use excess personal

property instead of buying new property? 102-36.70 What must we consider when acquiring excess personal property? 102-36.75 Do

we pay for excess personal property we acquire from another federal agency under a transfer?

102-36.80 How much do we pay for excess personal property on a transfer with reimbursement?

102-36.85 Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?

SCREENING OF EXCESS 102-36.90 How do we find out what personal property is available as excess? 102-36.95 How long is excess personal property available for screening? 102-36.100 When does the screening period start for excess personal property? 102-36.105 Who is authorized to screen and where do we go to screen excess personal property on-site?

PROCESSING TRANSFERS

102-36.125 How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA? 102-36.130 What are our responsibilities in processing transfer orders of excess personal property?

102-36.135 How much time do we have to pick up excess personal property that has been approved for transfer?

102-36.140 May we arrange to have the excess personal property shipped to its final destination?

DIRECT TRANSFERS

102-36.145 May we obtain excess personal property directly from another federal agency without GSA approval?

Subpart C-Acquiring Excess Personal Property for Non-federal Recipients 102-36.150 For which non-federal activities may we acquire excess personal property?

102-36.155 What are our responsibilities

when acquiring excess personal property for use by a non-federal recipient? 102-36.160 What additional information

must we provide on the SF 122 when acquiring excess personal property for nonfederal recipients?

NON-APPROPRIATED FUND ACTIVITIES 102-36.165 Do we retain title to excess per

sonal property furnished to a non-appropriated fund activity within our agency? 102-36.170 May we transfer personal property owned by one of our non-appropriated fund activities?

CONTRACTORS

102-36.175 Are there restrictions to acquiring excess personal property for use by our contractors?

COOPERATIVES

102-36.180 Is there any limitation/condition to acquiring excess personal property for use by cooperatives?

PROJECT GRANTEES

102-36.185 What are the requirements for acquiring excess personal property for use by our grantees? 102-36.190 Must we always pay 25 percent of

the original acquisition cost when furnishing excess personal property to project grantees?

102-36.195 What type of excess personal property may we furnish to our project grantees?

102-36.200 May we acquire excess personal property for cannibalization purposes by the grantee?

102-36.205 Is there a limit to how much excess personal property we may furnish to our grantees?

Subpart D-Disposition of Excess Personal Property

102-36.210 Why must we report excess personal property to GSA?

REPORTING EXCESS PERSONAL PROPERTY 102-36.215 How do we report excess personal property?

102-36.220 Must we report all excess per

sonal property to GSA?

102-36.225 Must we report excess related personal property?

102-36.230 Where do we send the reports of

excess personal property?

102-36.235 What information do we provide

when reporting excess personal property? 102-36.240 What are the disposal condition codes?

DISPOSING OF EXCESS PERSONAL PROPERTY 102-36.245 Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?

102-36.250 Does GSA ever take physical custody of excess personal property? 102-36.255 What options do we have when unusual circumstances do not allow adequate time for disposal through GSA? 102-36.260 How do we promote the expeditious transfer of excess personal property?

102-36.265 What if there are competing requests for the same excess personal property?

102-36.270 What if a federal agency requests

personal property that is undergoing donation screening or in the sales process? 102-36.275 May we dispose of excess personal property without GSA approval? 102-36.280 May we withdraw from the disposal process excess personal property that we have reported to GSA?

TRANSFERS WITH REIMBURSEMENT 102-36.285 May we charge for personal property transferred to another federal agency? 102-36.290 How much do we charge for excess personal property on a transfer with reimbursement?

REPORT OF DISPOSAL ACTIVITY 102-36.295 Is there any reporting requirement on the disposition of excess personal property?

102-36.300 How do we report the furnishing of personal property to non-federal recipients?

ABANDONMENT/DESTRUCTION

102-36.305 May we abandon or destroy excess personal property without reporting it to GSA?

102-36.310 Who makes the determination to abandon or destroy excess personal property?

102-36.315 Are there any restrictions to the use of the abandonment/destruction authority?

102-36.320 May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval? 102-36.325 What must be done before the abandonment/destruction of excess personal property?

102-36.330 Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal prop

erty?

Subpart E-Personal Property Whose Disposal Requires Special Handling 102-36.335 Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?

AIRCRAFT AND AIRCRAFT PARTS 102-36.340 What must we do when disposing of excess aircraft?

102-36.345 May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)? 102-36.350 How do we identify a FSCAP? 102-36.355 What are the FSCAP Criticality Codes?

102-36.360 How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?

CANINES, LAW ENFORCEMENT

102-36.365 May we transfer or donate canines that have been used in the performance of law enforcement duties?

DISASTER RELIEF PROPERTY

102-36.370 Are there special requirements concerning the use of excess personal property for disaster relief?

FIREARMS

102-36.375 May we dispose of excess firearms?

FOREIGN EXCESS PERSONAL PROPERTY 102-36.380 Who is responsible for disposing of foreign excess personal property? 102-36.385 What are our responsibilities in the disposal of foreign excess personal property?

102-36.390 How may we dispose of foreign excess personal property?

102-36.395 How may GSA assist us in disposing of foreign excess personal property? 102-36.400 Who pays for the transportation costs when foreign excess personal property is returned to the United States?

GIFTS

102-36.405 May we keep gifts given to us from the public?

102-36.410 How do we dispose of a gift in the form of money or intangible personal property?

102-36.415 How do we dispose of gifts other than intangible personal property? 102-36.420 How do we dispose of gifts from foreign governments or entities?

HAZARDOUS PERSONAL PROPERTY 102-36.425 May we dispose of excess hazardous personal property?

MUNITIONS LIST ITEMS/COMMERCE CONTROL LIST ITEMS (MLIS/CCLIS)

102-36.430 May we dispose of excess Munitions List Items (MLIS)/Commerce Control List Items (CCLIS)?

102-36.435 How do we identify Munitions List Items (MLIS)/Commerce Control List Items (CCLIS) requiring demilitarization?

PRINTING EQUIPMENT AND SUPPLIES 102-36.440 Are there special procedures for reporting excess printing and binding equipment and supplies?

RED CROSS PROPERTY

102-36.445 Do we report excess personal property originally acquired from or through the American National Red Cross?

SHELF-LIFE ITEMS

102-36.450 Do we report excess shelf-life items?

102-36.455 How do we report excess shelf-life items?

102-36.460 Do we report excess medical shelflife items held for national emergency purposes?

102-36.465 May we transfer or exchange excess medical shelf-life items with other Federal agencies?

VESSELS

102-36.470 What must we do when disposing of excess vessels?

Subpart F-Miscellaneous Disposition 102-36.475 What is the authority for transfers under "Computers for Learning"? AUTHORITY: 40 U.S.C. 486(c).

SOURCE: 65 FR 31218, May 16, 2000, unless otherwise noted.

Subpart A-General Provisions

§ 102-36.5 What is the governing authority for this part?

Section 205(c) of the Federal Property and Administrative Services Act of 1949, as amended (the Property Act) (40 U.S.C. 486), authorizes the Administrator of General Services to prescribe regulations as he deems necessary to carry out his functions under the Property Act. Section 202 of the Property Act (40 U.S.C. 483) authorizes the General Services Administration (GSA) to prescribe policies to promote the maximum use of excess Government personal property by executive agencies.

§ 102-36.10 What does this part cover?

This part covers the acquisition, transfer, and disposal, by executive agencies, of excess personal property located in the United States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.

§ 102-36.15 Who must comply with the provisions of this part?

All executive agencies must comply with the provisions of this part. The legislative and judicial branches are encouraged to report and transfer excess personal property and fill their personal property requirements from excess in accordance with these provisions.

§ 102-36.20 To whom do "we", "you", and their variants refer?

Use of pronouns "we", "you", and their variants throughout this part refer to the agency.

§ 102-36.25 How do we request a deviation from these requirements and who can approve it?

See §§102-2.60 through 102-2.110 of this chapter to request a deviation from the requirements of this part.

§ 102-36.30 When is personal property excess?

Personal property is excess when it is no longer needed by the activities

within your agency to carry out the functions of official programs, as determined by the agency head or designee. § 102-36.35 What is the typical process for disposing of excess personal property?

(a) You must ensure personal property not needed by your activity is offered for use elsewhere within your agency. If the property is no longer needed by any activity within your agency, your agency declares the property excess and reports it to GSA for possible transfer to eligible recipients, including federal agencies for direct use or for use by their contractors, project grantees, or cooperative agreement recipients. All executive agencies must, to the maximum extent practicable, fill requirements for personal property by using existing agency property or by obtaining excess property from other federal agencies in lieu of new procurements.

(b) If GSA determines that there are no federal requirements for your excess personal property, it becomes surplus property and is available for donation to state and local public agencies and other eligible non-federal activities. The Property Act requires that surplus personal property be distributed to eligible recipients by an agency established by each State for this purpose, the State Agency for Surplus Property.

(c) Surplus personal property not selected for donation is offered for sale to the public by competitive offerings such as sealed bid sales, spot bid sales, or auctions. You may conduct or contract for the sale of your surplus personal property, or have GSA or another executive agency conduct the sale on behalf of your agency in accordance with part 101-45 of this title. You must inform GSA at the time the property is reported as excess if you do not want GSA to conduct the sale for you.

(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.

DEFINITIONS

§ 102-36.40 What definitions apply to this part?

The following definitions apply to this part:

Commerce Control List Items (CCLIS) are dual use (commercial/military) items that are subject to export control by the Bureau of Export Administration, 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.

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 nonfederal recipient, made in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (31 U.S.C. 6301-6308), under any or all of the following circumstances:

(1) The purpose of the relationship is the transfer, between a federal agency and a non-federal entity, of money, property, services, or anything of value to accomplish a public purpose authorized by law, rather than by purchase, lease, or barter, for the direct benefit or use of the federal government.

(2) Substantial involvement is anticipated between the federal agency and the cooperative during the performance of the agreed upon activity.

(3) The cooperative is a state or local government entity or any person or organization authorized to receive federal assistance or procurement contracts.

Demilitarization means, as defined by the Department of Defense, the act of destroying the military capabilities inherent in certain types of equipment or material. Such destruction may include deep sea dumping, mutilation, cutting, crushing, scrapping, melting, burning, or alteration so as to prevent the further use of the item for its originally intended purpose.

Excess personal property means any personal property under the control of any federal agency that is no longer required for that agency's needs, as de

termined by the agency head or designee.

Exchange/sale property means property not excess to the needs of the holding agency but eligible for replacement, which is exchanged or sold under the provisions of part 101-46 of this title in order to apply the exchange allowance or proceeds of sale in whole or part payment for replacement with a similar item.

Executive agency means any executive department or independent establishment in the executive branch of the government, including any wholly owned government corporation.

Fair market value means the best estimate of the gross sales proceeds if the property were to be sold in a public sale.

Federal agency means any executive agency or any establishment in the legislative or judicial branch of the government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his/her direction).

Federal Disposal System (FEDS) is GSA's automated excess personal property system. For additional information on using FEDS, access http:// pub.fss.gsa.gov/property/.

Flight Safety Critical Aircraft Part (FSCAP) is any aircraft part, assembly, or installation containing a critical characteristic whose failure, malfunction, or absence could cause a catastrophic failure resulting in engine shut-down or loss or serious damage to the aircraft resulting in an unsafe condition.

Foreign excess personal property is any U.S. owned excess personal property located outside the United States (U.S.), the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.

Grant means a type of assistance award and a legal instrument which permits a federal agency to transfer money, property, services or other things of value to a grantee when no substantial involvement is anticipated between the agency and the recipient during the performance of the contemplated activity.

Hazardous personal property means property that is deemed a hazardous

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