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8 101-43.001–26 Public agency.

Public agency means any State; political subdivision thereof, including any unit of local government or economic development district; any department, agency, or instrumentality thereof, including instrumentalities created by compact or other agreement between States or political subdivisions; multijurisdictional substate districts established by or pursuant to State law; or any Indian tribe, band, group, pueblo, or community located on a State reservation.

8 101-43.001-30 Screening period.

Screening period means:

(a) For reportable excess personal property as defined in g 101-43.304, the calendar days from the day following receipt of a report in the appropriate GSA office to and including the day specified as the surplus release date.

(b) For nonreportable excess personal property as defined in § 101-43.305, the calendar days from the day following the date of the determination by the holding agency that the property is available for screening as excess, to and including the day specified as the surplus release date.

(53 FR 16091, May 5, 1988]

(53 FR 16091, May 5, 1988]

8 101-43.001-27 Related personal prop

erty. Related personal property means any personal property which:

(a) Is an integral part of real property or is related to, designed for, or specially adapted to the functional or productive capacity of the real property and removal of this personal property would significantly diminish the economic value of the real property. Normally, common-use items, including but not limited to general-purpose furniture, utensils, office machines, office supplies, or general-purpose vehicles, are not considered to be related personal property; or

(b) Is determined by the Administrator of General Services to be related to the real property.

8 101-43.001-31 Surplus personal prop

erty. Surplus personal property means any excess personal property not required for the needs and the discharge of the responsibilities of all Federal agencies, as determined by the Administrator of General Services.

(53 FR 16091, May 5, 1988)

(53 FR 16091, May 5, 1988]

g 101-43.001-32 Surplus release date.

Surplus release date means the predetermined date on which Federal utilization screening of excess personal property is terminated. The date signifies the transition of the property from excess of surplus status. This term is equivalent to "automatic release date" or "ARD".

8 101-43.001-28 Salvage.

Salvage means personal property having value greater than its basic material content but which is in such condition that it has no reasonable prospect

(53 FR 16091, May 5, 1988]

8 101-43.001-33 United States.

United States in the geographical sense means all the 50 States and the District of Columbia.

property and fill their requirements from excess personal property or other Federal agencies. In reporting personal property as excess, each Federal agency shall comply with the provisions of this part.

(53 FR 16092, May 5, 1988]

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§ 101-43.002 Requests for deviations.

Deviations from the regulations in this part shall only be granted by the Administrator of General Services (or designee). Requests for deviations shall be made in writing to the General Services Administration (FB), Washington, DC 20406, with complete justification. A copy of the authorizing statement for each deviation, including the nature of the deviation, the reasons for such special action, and the Administrator's or designee's approval, will be available for public inspection in accordance with subpart 105-60.3 of this title.

To promote the maximum utilization of excess personal property, agencies are requested to designate national and regional utilization officials who will be responsible for promoting the acquisition and profitable use of available excess.

Subpart 101-43.2 [Reserved]

Subpart 101-43.3-Utilization of

Excess

(53 FR 16092, May 5, 1988]

SOURCE: 53 FR 16092, May 5, 1988, unless otherwise noted.

Subpart 101-43.1--General

Provisions

SOURCE: 53 FR 16092, May 5, 1988, unless otherwise noted.

8 101-43.101 Agency utilization rev

views. Each executive agency shall continuously survey property under its control to assure maximum use and shall promptly make personal property that is excess to its needs available for transfer in accordance with this part.

g 101-43.301 Federal Government pro

cedure. The first source of supply is excess personal property, which shall be used by executive agencies to the fullest extent practicable as prescribed in this part. A requirement for personal property expressed by an authorized Federal activity identified in § 101-43.309–1 shall supersede any disposal action. This means that Federal transfers may be accomplished for surplus property if the holding or selling agency is notified prior to shipment or delivery of donated property or prior to actual removal of property from Government control in the case of sale.

8 101-43.102 Reassignment of personal

property. (a) When property is determined to no longer be required for the purpose of the appropriation from which it was purchased or for the use to which it has been applied, an executive agency shall, to the maximum extent feasible, reassign the property within its activities, including its cost-reimbursement contractors as described in 48 CFR subpart 16.3, and shall immediately discontinue procurement of items for which the property can be substituted or adapted.

(b) Federal agencies in the legislative and judicial branches are encouraged to report and transfer excess personal

8 101-43.302 Agency responsibility.

(a) To obtain maximum utilization and to minimize the procurement of new items, each executive agency shall be responsible for making excess personal property available and for facilitating the transfer of the property to other Federal agencies for direct use or for use by their authorized cost-reimbursement contractors, cooperatives, and project grantees, and to the organizations specified in $ 101-43.309–1. Each executive agency shall, to the maximum practicable extent, fulfill its requirements for property by obtaining excess personal property from other Federal agencies instead of initiating a new procurement.

(b) Agencies receiving or transferring excess personal property shall establish controls over the processing of transfer orders and shall establish and maintain an adequate system of property accountability. Each Federal agency shall develop and maintain an effective system for the prevention and detection of situations involving the nonuse, improper use, or unauthorized disposal or destruction of excess personal property received by the agency. This responsibility should include compliance reviews, field inspections, audits, and other procedures to monitor the excess personal property controlled by an agency. The system of accountability for excess personal property should be in accordance with agency procedures, and records subject to audit by an internal audit group of the Federal agency and made available to the General Accounting Office upon request.

(c) GSA will assist agencies in meeting their requirements for property of the types excepted by this part from formal reporting as excess. Federal agencies requiring such property should contact the appropriate GSA regional office indicated in $101-43.4802. GSA area utilization officers, stationed

key excess generating points throughout the United States, screen and offer nonreported personal property as it becomes available for transfer.

(d) GSA regional offices will screen all requests for replenishment of stock and direct delivery purchase requests submitted by agencies against lists of excess personal property available in their regions. GSA may take physical custody of such excess personal property for redistribution or may direct its transfer to executive agencies instead of procurement of new property from commercial sources of supply. Notice of intent to substitute will be provided to the ordering agency if the excess personal property is used, rehabilitated, or differs in some substantial characteristics from the item ordered. This will give the ordering agency an opportunity to inspect the property before shipment. Acceptance of excess personal property under these cir

cumstances shall be required unless the using agency submits a written justification stating that such transfers or substitutions would result in serious hardship or impairment to its operations.

(e) Part 101–27 prescribes standards for executive agencies use in computing inventory levels. To encourage the use of excess property which might otherwise be disposed of as surplus, inventory levels may be adjusted upward when items of stock are to be acquired from excess sources. Such adjustments should be computed with caution and arrived at after careful analysis which gives consideration to the factors set forth in part 101-27 and this part. Generally, acquisitions of items for inventory from excess shall not exceed a 2year supply except when:

(1) A greater quantity is needed to meet known requirements for an authorized planned program.

(2) The item is not available without special manufacture and a predictable requirement exists.

(3) Administrative determination has been made that in application of the economic order quantity (EOQ) principle of stock replenishment within an agency, an inventory level in excess of 2 years is appropriate for low dollarvolume items.

(4) The items are being transferred into authorized stock funds for resale to other Government agencies.

(5) In addition, the following conditions should be met prior to acquisition of excess:

(i) There must be a predictable requirement for an authorized program.

(ii) The cost of acquisition, including packing and shipping, carrying in inventory, and preservation, shall not exceed delivered cost of new material.

(iii) The supply acquired does not exceed the expected shelf life, considering condition at time of acquisition.

(iv) The supply of spare parts acquired shall not exceed the life expectancy of the equipment supported.

at

8 101-43.303 Retention of custody.

(a) GSA may direct the holding agency to retain custody of property reported to GSA for utilization, donation, or sales action pending disposition. The holding agency shall make adequate provisions for the protection of property in its custody and reported to GSA against the hazards of fire, theft, vandalism, and weather commensurate with the condition and value of the property and the availability of storage space.

(b) GSA may order transfer of partial or total custody to other executive agencies, with their consent.

(c) At the end of a period of 180 days from the date the property is made available to GSA, the holding agency may, upon proper notification to the appropriate regional Federal Supply Service Bureau, elect to assume the responsibility to complete the disposal in compliance with all the processing requirements of this subchapter H normally performed by GSA, except that property pending transfer or donation for a known requirement and property offered for sale in an invitation for bids will not be returned to holding agency control. Such property may be returned to holding agency control if the pending transfer or donation cannot be completed or the pending sales offering produces no bids.

supply condition code is impractical. When available from property records, civilian agencies shall also include the appropriate supply condition code in excess personal property reports. To expedite processing, reports may be submitted up to 60 days prior to the actual date of property availability, provided that the report clearly indicates this pending status and reflects the date on which the property will be determined excess.

(b) When an item of equipment is reported as excess, any available operating manual, parts list, circuit or wiring diagram, maintenance record log, or other instructional or information publication or brochure pertaining to the equipment shall be reported.

(c) If the property reported is a prefabricated movable structure that has been installed in a permanent manner and if the reporting agency requires that the site be restored at the expense of the transferee, donee, or purchaser, the nature and estimated cost of restoration shall be included.

(d) When the property being reported is an excess strategic or critical material previously reported to GSA in accordance with subpart 101–14.1 but not accepted for transfer to the national stockpile, the fact that the material was previously reported shall be noted.

8 101-43.304 Reporting requirements.

8 101-43.304-1 Reporting.

(a) Excess personal property shall be reported promptly in accordance with the Federal supply classification (FSC) groups and classes in $101-43.4801 with descriptions in sufficient detail to permit transfer or sale without further reference to the holding agency. In the absence of these descriptions, adequate commercial descriptions shall be substituted. Exceptions to these reporting requirements are covered in $ 101–43.305. Whenever possible, the national stock number (NSN) shall be provided as part of the description. It is essential that the excess personal property report reflect the true condition of the property as of the date it is reported excess through assignment of the appropriate disposal condition code designation as defined in $ 101-43.4801(e). Each Department of Defense (DOD) excess personal property report must also contain the appropriate supply condition code as defined in § 101-43.4801(f), except reports of contractor inventory when a determination is made that inclusion of the

$ 101-43.304-2 Form and distribution

of reports. (a) Reports of excess property shall be made on Standard Form (SF) 120, Report of Excess Personal Property, and SF 120A, Continuation Sheet (Report of Excess Personal Property), illustrated at $$ 101–43.4901–120 and 10143.4901–120 A respectively, in accordance with the instructions in $101-43.4901– 120-1, or, when acceptable to GSA, by automatic data processing (ADP) media. Federal agencies having or developing automated property management systems should consider automated reporting of excess property as a means of reducing workload and expediting the reporting process.

(b) The SF 120 and SF 120A shall be submitted in an original and three cop ies. Reporting by ADP media shall be as specified and approved by GSA. Reports shall be directed to the GSA regional office for the region in which the property is located (see $ 101– 43.4802). However, reports of fixed-wing and rotary-wing aircraft shall be submitted to the General Services Administration (9FB), San Francisco, CA 94015, and excess Standard forms, with samples of these forms, shall be submitted to the General Services Administration (7FB), Ft. Worth, TX 76102, for potential redistribution under the Standard forms program. Reports of excess ADPE shall be submitted as set forth in FIRMR part 201-33 (41 CFR part 201-33), except for reports of excess auxiliary or accessorial ADPE with a unit original acquisition cost of $1,500 or less, which shall be submitted in accordance with this $ 101-43.304–2.

8 101-43.304-3 Excess personal prop

erty on or within excess real prop

erty. Excess related personal property as defined in 8101-43.001-27 shall be reported to GSA in accordance with part 101-47 of this chapter. Excess personal property, other than related personal property, which may be located on or within excess real property, shall be governed by this part. The fact that the excess personal property is located on or within excess real property shall be noted on the report.

8 101-43.305 Property not required to

be formally reported. (a) Excess property which is not required to be formally reported to GSA under $101-43.304 is a valuable source of supply for Federal agencies. Regional offices and area utilization officers of GSA are responsible for local screening of such property, for making it available to Federal agencies, and for its expeditious transfer. Holding agencies shall cooperate with GSA representatives in making information available and in providing access to the nonreportable excess personal property. Federal agency employees shall be permitted access to holding installations for screening purposes upon presentation of a valid Federal agency employee's identification card. Holding agencies shall make reasonable efforts to obtain utilization among other Federal agencies of property not covered by GSA utilization screening processes. In the case of controlled substances, solicitation shail be limited to those agencies authorized for transfer under $ 101–42.1102–3 provisions.

(b) Unless otherwise directed by GSA, the following excess personal property shall not be reported:

(1) Perishables, defined for purposes of this section as any foodstuffs which are subject to spoilage or decay;

(2) Property dangerous to public health and safety (see paragraph (d) of this section);

(3) Scrap and/or salvage, provided the property strictly conforms to the definitions for scrap and/or salvage (88 10143.001-28 and 101-43.001–29);

(4) Property determined by competent authority to be classified or otherwise sensitive for reasons of national security;

(5) Other items excepted from the requirement to be reported as listed in $ 101-43.4801;

(6) Otherwise reportable property which, prior to reporting as required in $ 101-43.304, is transferred directly between Federal agencies as provided in $101-43.309-5(a) or by prearrangement with GSA to fill a known need;

(7) Trading stamps and bonus goods (see $ 101–25.103 4); and

(8) Nonappropriated fund property (see $ 101-43.307-7).

8 101–43.304-4 Property at installations

due to be discontinued.

Executive agencies that have installations which are due to be discontinued, closed, or abandoned and at which there will be excess personal property shall, unless inadvisable in the interest of national security, give advance notice of such situations as early as possible by letter to the appropriate GSA regional office. In such cases, agencies shall identify the installations to be discontinued, provide the scheduled date for the removal of personnel from the location, and specify the last date when the personal property will be needed. As soon as possible after filing advance notice, the excess personal property shall be reported in accordance with $101-43.304-1 to provide time for screening for Federal utilization and donation purposes. Seventy-five calendar days are usually required.

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