shall be qualified to safely handle or use it.

(4) The degree of decontamination and the responsibility for performance and costs of any decontamination shall be upon such terms as agreed to by the owning agency and the receiving agency.

(5) The receiving agency is responsible for all transportation arrangements and costs of acid contaminated or explosive contaminated property approved for transfer. Such property shall be transported in compliance with § 101-42.405.

(b) Donation requirements. Acid contaminated and explosive contaminated property may be donated only with the authorization of the appropriate GSA regional office.

(c) Sales requirements. (1) With the authorization of the appropriate GSA regional office, holding activities may sell acid contaminated or explosive contaminated property under §10145.304, subpart 101-42.4, and the additional special requirements of this paragraph (c). Agencies shall include in reports of such property for sale on SF 126, a statement of the degree of contamination and any decontamination that has been performed, such as a washdown.

(2) Acid or explosive contaminated property shall be considered extremely hazardous property as defined in §10142.001, and shall be described as such in sales offerings. Normally, acid or explosive contaminated property shall be sold with a condition that the purchaser sufficiently decontaminate the property to the degree that it is no longer extremely hazardous.

(3) IFBS for acid or explosive contaminated property shall clearly state the specific hazards associated with the items offered, along with known special handling, transportation, and personnel protection requirements. The bid page shall contain a certification substantially as follows which must be properly executed by the bidder in order for the bid to be responsive:

CERTIFICATION: It is hereby certified that the purchaser will comply with all the applicable Federal, State, and local laws ordinances and regulations with respect to the care, handling, storage, and shipment, resale, export, and other use of the materials,

hereby purchased, and that he/she is a user of, or dealer in, said materials and will comply with all applicable Federal, State, or local laws and regulations. This certification is made in accordance with and subject to the penalties of Title 18, Section 1001, the United States Code, Crime and Criminal Procedures.

(d) Abandonment and destruction. Acid contaminated or explosive contaminated property shall not be abandoned, and when destroyed, such destruction shall be accomplished under the provisions of subparts 101-45.9 and §10142.406.

§ 101-42.1102-10 Firearms.

(a) Utilization requirements. (1) Excess firearms shall be reported or otherwise made available to GSA following the requirements of subpart 101–43.3.

(2) Firearms may be transferred only to those Federal agencies authorized to acquire firearms for official use. Such transfers shall be executed under §§ 10143.309-5, 101-42.207, and, when applicable, 101-42.1102-8(b). Transfer requests for firearms will be carefully reviewed by the GSA regional offices before approval, and additional written justification from the requesting agency may be required.

(b) Donation requirements. Surplus firearms, and firearms ammunition shall not be donated.

(c) Sales requirements. Surplus firearms may be sold only for scrap after total destruction by crushing, cutting, breaking, or deforming to be performed in a manner to ensure that the firearms are rendered completely inoperative and to preclude their being made operative. Such sale shall be conducted under subpart 101-45.3.

(d) Foreign gifts of firearms. Firearms reported to GSA as foreign gifts may be offered for transfer to Federal agencies, including law enforcement activities. Foreign gifts of firearms shall not be donated. Such gifts not required for Federal use may be sold only to the gift recipient at the discretion of GSA. A certification that the purchaser shall comply with all State and local laws regarding purchase and possession of firearms must be received by GSA prior to release of such firearms to the purchaser. Firearms not transferred to a Federal agency or sold to the recipient

shall be disposed of in accordance with paragraph (c) or (e) of this section.

(e) Abandonment and destruction of firearms. Firearms shall not be abandoned. Destruction of firearms is subject to the requirements set forth in paragraph (c) of this section. Such destruction shall also be accomplished under the provisions of subpart 101-45.9, § 101-42.406 and, when applicable, §10142.1102-8.

(f) Abandoned and forfeited firearms. In addition to the requirements of this part 101-42, forfeited or voluntarily abandoned firearms shall be subject to the provisions of part 101–48.

fund

prop

101-43.309-4 Transfer for redistribution.

101-43.309-5 Procedure for effecting trans

fers.

101-43.310 Costs and proceeds.

101-43.310-1 Cost of care and handling.

101-43.001-26 Public agency.

101-43.001-27 Related personal property.

101-43.001-28 Salvage.

101-43.001-29 Scrap.

101-43.001-30 Screening period.

101-43.001-31 Surplus personal property. 101-43.001-32 Surplus release date. 101-43.001-33 United States. 101-43.002 Requests for deviations.

Subpart 101-43.1-General Provisions 101-43.101 Agency utilization reviews.

101-43.311-2 Nonreportable property.

101-43.311-3 Property not utilized.

101-43.311-4 Hazardous materials.

101-43.312 Use of excess personal property on cost-reimbursement contracts.

101-43.313 Use of excess personal property on cooperative agreements. 101-43.314 Use of excess personal property on grants.

§ 101-43.000 Scope of part.

This part prescribes the policies and methods governing the economic and efficient utilization of personal property located within and outside the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands. Section 101-43.6 prescribes the specific policies and procedures governing the worldwide utilization of excess information technology resources. Additional guidelines regarding reutilization of hazardous materials are prescribed in part 101-2.

[61 FR 41353, Aug. 8, 1996]

EFFECTIVE DATE NOTE: At 61 FR 41353, Aug. 8, 1996, § 101-43.000 was revised, effective Aug. 8, 1996 through Dec. 31, 1997. At 62 FR 68217, Dec. 31, 1997, the effective date was extended to Dec. 31, 1998.

§ 101-43.001 Definitions.

For the purposes of this subchapter H, the following terms shall have the meanings set forth in the following sections.

[53 FR 16090, May 5, 1988]

§ 101-43.001-1 Auxiliary or accessorial automatic data processing equipment.

Auxiliary or accessorial automatic data processing equipment means equipment such as plotters, tape cleaners, tape testers, data conversion equipment, source data automation recording equipment (optical character recognition devices, computer input/output microfilm and other data acquisition devices), or computer performance evaluation equipment, etc., designed for use with digital, analog, or hybrid computer equipment, either cable or modem connected, wire connected, or stand-alone, and whether selected or acquired with a computer or separately.

[53 FR 16090, May 5, 1988]

§ 101-43.001-2 Contractor inventory. Contractor inventory means any property acquired by and in the possession

of a contractor or subcontractor (including Government furnished property) under a contract pursuant to the terms of which title is vested in the Government.

[53 FR 16090, May 5, 1988]

§ 101-43.001-3 [Reserved]

§ 101-43.001-4 Cooperative agreement.

Cooperative agreement means a legal instrument reflecting a relationship between the executive agency acting for the Federal Government, and a State or local government or other recipient whenever:

(a) The principal purpose of the relationship is the transfer of money, property, services, or anything of value to the State or local government or other recipient to accomplish a public purpose of support or stimulation authorized by Federal statute rather than acquisition by purchase, lease, or barter of property or services for the direct benefit or use of the Federal Government; and

(b) Substantial involvement is anticipated between the executive agency, acting for the Federal Government, and the State or local government or other recipient during performance of the contemplated activity. "Other recipient" includes any person or organization other than a State or local government who is authorized to receive Federal assistance or procurement contracts and includes any charitable or educational institution.

[53 FR 16090, May 5, 1988]

§ 101-43.001-5 Cost-reimbursement contract.

Cost-reimbursement contract means a contract providing for payment to the contractor of allowable costs incurred in the performance of the contract, to the extent prescribed in the contract. [53 FR 16090, May 5, 1988]

§ 101-43.001-6 Excess personal property.

Excess personal property means any personal property under the control of any Federal agency which is not required for its needs and the discharge

of its responsibilities, as determined by the head thereof.

[53 FR 16090, May 5, 1988]

§ 101-43.001-7 Executive agency.

Executive agency means any executive department or independent establishment in the executive branch of the Government, including any wholly

owned Government corporation.

[53 FR 16090, May 5, 1988]

§ 101-43.001-8 Fair market value.

Fair market value means the best estimate of the gross proceeds that would be recovered if the property were to be sold by competitive bid.

[53 FR 16090, May 5, 1988]

§ 101-43.001-9 Federal agency.

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 direction).

[53 FR 16090, May 5, 1988]

§ 101.43-001-10 Foreign excess personal property.

Foreign excess personal property means any excess personal property located Ouside the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Trust, Territory of the Pacific Islands, and the Virgin Islands. For the purposes of this regulation, the Trust Territory of the Pacific Islands is defined to include Palau and the former trust areas of the Federated States of Micronesia and the Marshall Islands.

[53 FR, 16090, May 5, 1988]

§ 101-43.001-11 Freeze.

Freeze means the process of reserving at a holding activity, or at the controlling GSA regional office, an item of excess personal property that has been requested by a user or has been selected by a GSA area utilization officer