(c) Nuclear Regulatory Commissioncontrolled materials are exempt from reporting to GSA as excess personal property. Transfers of such materials shall be made under provisions under § 101-42.1102-4 and applicable NRC regulations. (See 10 CFR parts 30, 40, and 70.)

(d) In the case of hazardous materials, all the restrictions, limitations, and guidelines prescribed in part 101–42 shall apply.

[57 FR 39135, Aug. 28, 1992]

§ 101-43.306 Assistance in emergency and major disaster relief.

In accordance with instructions of the Administrator, Federal Disaster Assistance Administration, Department of Housing and Urban Development, or his designee, excess personal property shall be utilized in behalf of or loaned to State and local governments, with or without compensation therefor, pursuant to the Disaster Relief Act of 1974 (Pub. L. 93–288) and Executive Order 11795 of July 11, 1974, to provide assistance to State and local governments in alleviating suffering and damage resulting from any emergency or major disaster. Excess medicines, foods, and other consumable supplies may be distributed to State and local governments for these purposes. In the event such property has been reported to GSA pursuant to §101-43.304, it shall be withdrawn by the holding agency pursuant to § 101-43.308.

§ 101-43.307 Items requiring special handling.

§ 101-43.307-1 Contractor inventory.

Subject to the limitations contained in this part and in parts 101-44 and 10145, any executive agency may authorize any of its contractors or their subcontractors to retain or dispose of any contractor inventory pursuant to Federal Acquisition Regulation (48 CFR subpart 45.6) and under such orders as such agency may prescribe. In the case of contractor-owned contractor inventory, compliance with the utilization requirements and procedures in this part should ordinarily occur prior to the Government's exercising the applicable option to take over such property. When utilization efforts disclose

that an agency will accept transfer of such property, the appropriate agency shall take the necessary action to acquire title for the Government.

§ 101-43.307-2 Hazardous materials.

Special handling requirements for hazardous materials and certain other categories of property are prescribed in part 101-42.

[57 FR 39136, Aug. 28, 1992]

§ 101-43.307-3 Conditional gifts for defense purposes.

(a) Any agency receiving an offer of a conditional gift (other than money or intangible property) for a particular defense purpose within the purview of the Act of July 27, 1954 (50 U.S.C. 1151– 1156) shall notify the appropriate GSA regional office and shall submit a recommendation as to acceptance or rejection of the gift.

(b) Prior to such notification, the receiving agency shall acknowledge receipt of the offer and advise the donor of its referral to a GSA regional office but shall not indicate acceptance or rejection of the gift on behalf of the United States. A copy of the acknowledgment shall accompany the notification and recommendation to the regional office.

(c) When the gift is determined acceptable and can be used in the form in which offered, it will be transferred without reimbursement to a Federal agency designated by GSA for use for the particular purpose for which it was donated.

(d) If the gift is one which GSA determines shall be converted to money, the funds, after conversion, will be deposited with the Treasury Department for transfer to an appropriate account which will best effectuate the intent of the donor, as provided in Treasury Department Circular No. 957, dated February 24, 1955.

(e) Such conditional gifts of property will be accepted or rejected on behalf of the United States or transferred to an agency by GSA only after consultation with the interested agencies.

(f) GSA will advise the donor and the agencies concerned of the action taken with respect to acceptance or rejection of the conditional gift and of its final disposition.

§ 101-43.307-4 Conditional gifts to reduce the public debt.

(a) Pursuant to 31 U.S.C. 3113, gifts may be made to the United States on the sole condition that the property be sold and the proceeds used to reduce the public debt. Any agency receiving an offer of a gift (other than money or intangible property) for such purpose shall notify the appropriate GSA regional office and shall submit a recommendation as to acceptance or rejection of the gift.

(b) Prior to such notification, the receiving agency shall acknowledge receipt of the offer and advise the donor of its referral to GSA but shall not indicate acceptance or rejection of the gift on behalf of the United States. A copy of the acknowledgment shall accompany the notification and recommendation to the GSA regional of

fice.

(c) GSA will advise the donor and the agency concerned of the action taken with respect to acceptance or rejection of the conditional gift. If the gift is determined acceptable, GSA will convert it into money and the proceeds shall be deposited into a special account in the Department of the Treasury established for this purpose.

§ 101-43.307-5 Unconditional gifts.

Any unconditional gift accepted by a Federal agency, or by an employee or agent representing a Federal agency in an official capacity, shall immediately become property of the Federal Government. If the receiving agency has specific authority to use the property, it may then be used for any authorized purpose by that agency. Such property shall be accounted for in the same manner as personal property acquired from other authorized sources and shall lose its identity as an unconditional gift upon entry into the agency property account. When property acquired as an unconditional gift cannot be used or is no longer required by the receiving agency, it shall be reported to GSA as excess personal property in accordance with § 101-43.304.

§ 101-43.307-6 Intangible property.

personal

Excess intangible personal property shall be reported to the General Serv

ices Administration (F), Washington, DC 20406, and shall not be transferred or disposed of without prior approval of GSA, except for bonds, notes, or other securities authorized to be disposed of by the Secretary of the Treasury under section 5 of the Act of April 3, 1945 (31 U.S.C. 324).

§ 101–43.307-7 Nonappropriated fund property.

(a) Nonappropriated fund property determined to be excess may be made available for transfer under those provisions of this part which apply to nonreportable property.

(b) Transfers of nonappropriated fund property shall be made upon such terms as shall be agreed upon by the owning activity and the receiving agency. However, an agency should not acquire such property if the reimbursement requested is greater than the best estimate of the gross proceeds if the property were to be sold on a competitive bid basis or the dollar value offered on a trade-in.

(c) Federal property in the custody of a nonappropriated fund activity, when determined to be excess, shall be reported or otherwise made available to GSA in accordance with this part for transfer without reimbursement, except as required by § 101-43.309–3.

§ 101-43.307-8 [Reserved]

§ 101-43.307-9 Passenger motor vekicles.

When acquiring an excess passenger motor vehicle without reimbursement for upgrading or replacement purposes, an agency shall promptly report as excess the replaced vehicle (see §10143.304). The report must be submitted within 30 calendar days after delivery of the replacement vehicle unless the replacement vehicle is charged to the number of passenger motor vehicles authorized by current appropriations. When the replaced passenger vehicle is reported excess to GSA, the report shall be documented so as to identify the item control number on the transfer document for the replacement vehicle. Agencies having a temporary emergency need for passenger motor vehicles, and having authority to lease

motor vehicles, shall obtain such vehicles from excess when they are not available from a GSA Fleet Management Center prior to leasing vehicles from private sources. Such temporary emergency use shall not exceed a period of 3 months.

§ 101–43.307-10 Printing, binding, and blankbook equipment and supplies. Excess machinery, equipment, material, and supplies for printing, binding, and blankbook work shall be reported to the Public Printer for possible transfer to the Government Printing Office, as provided in section 3 of the Act of July 19, 1919 (44 U.S.C. 312), prior to reporting to GSA. Reports should be addressed to the Government Printing Office (GFO), Customer Service Manager, North Capitol and H Streets, NW., Washington, DC 20401. Property not needed by GPO shall be reported by the holding agency to GSA in accordance with this part.

§ 101-43.307-11 [Reserved]

§ 101-43.307-12 Shelf-life items.

(a) When quantities on hand of an item of a deteriorative nature which has a predetermined expiration date exceed requirements for the period ending on the expiration date, or for the period ending on the extended expiration date, such quantities shall be determined excess to the needs of the holding agency, provided that the overages cannot be utilized, cross-serviced, or returned for credit. Management of such items prior to determination as excess shall be governed for executive agencies, except DoD, by subpart 10127.2, and for DoD by appropriate DoD instructions.

(b) Drugs and biologicals requiring refrigeration or deep freeze, medical shelf-life items held for national emergency purposes (see § 101-43.307-13), subsistence items, and ammunition are excepted from the provisions of this section.

(c) Shelf-life items which have a remaining useful life of 3 or more months before reaching the expiration date and are not otherwise utilized as provided in paragraph (a) of this section, shall be reported as excess in accordance with §101-43.304. However, agencies

may at their option also report shelflife items not required to be reported by § 101-43.304. The report shall identify the items as shelf-life items by carrying the designation symbol "SL" and by showing the expiration date. If the item has an extendable-type expiration date, there also shall be furnished an indication as to whether the expiration date is the original or an extended date.

(d) Normally, items reported in accordance with paragraph (c) of this section will be given a surplus release date effective 60 days after the receipt of the report in the appropriate GSA regional office. This date may be shortened or extended consistent with utilization objectives and with the remaining useful shelf life. GSA will publicize reported items to other using agencies during the period ending on the surplus release date.

(e) Shelf-life items which have a remaining useful life of 3 or more months before reaching the expiration date but which are not reported shall be made available for use by other Federal agencies as provided in §101-43.305. Documents listing such items shall show the expiration date and, in the case of items with an extendable expiration date, shall indicate whether the expiration date is the original or an extended date. A surplus release date shall be established by the holding agency upon determination that these items are excess so as to provide a minimum of 21 calendar days for selection or set-aside of the items for Federal use. The surplus release date may be extended by the holding agency when these items are selected by an authorized screener for transfer or are set aside by a GSA representative for potential or actual transfer.

(f) Shelf-life items which have a remaining useful life of less than 3 months, regardless of acquisition cost or condition, shall be made available for utilization by other Federal agencies in the manner provided in paragraph (e) of this section.

(g) Transfers among Federal agencies of shelf-life items which have been determined to be excess by the holding agency shall be accomplished as set forth in §101-43.309. Transfers shall be made without reimbursememt.

§ 101-43.307-13 Medical shelf-life items held for national emergency purposes.

(a) Whenever the head of an executive agency determines that the remaining storage or shelf life of medical materials or supplies held for national emergency purposes is of too short duration to justify their continued retention of such purposes and that their transfer or disposal would be in the best interest of the United States, those materials or supplies shall be considered to be excess personal property. To the greatest extent practicable, the above determination shall be made at such time as to ensure that such medical materials or supplies can be transferred or otherwise disposed of in sufficient time to permit their use before their shelf life expires and the items are unfit for human use.

(b) Medical materials and supplies held by an agency for national emergency purposes and determined to be excess may be exchanged with another Federal agency without prior approval of GSA and without regard to the provisions of part 101-46. Such exchanges, however, shall be only for other medical materials or supplies to be held for national emergency purposes.

(c) Medical shelf-life items held for national emergency purposes which have a remaining useful life of 3 or more months before the expiration date and which are not otherwise exchanged as provided in paragraph (b) of this section shall be reported as excess in accordance with $101-43.304. Each agency may also report medical shelflife items not required to be reported by §101-43.304. The excess report shall identify items as medical shelf-life items held for national emergency purposes by carrying the designating symbol "MSL" and by showing the shelflife expiration date. Information shall also be furnished regarding whether the expiration date is the original or the extended date. Further, whenever medical shelf-life items held for national emergency purposes are reported as excess, any specialized storage requirements pertaining to the items listed thereon shall be noted on the report.

(d) Normally, medical shelf-life items held for national emergency purposes

and reported in accordance with paragraph (c) of this section will be given a surplus release date effective 60 calendar days after the receipt of the report in the appropriate GSA office. This date may be shortened or extended according to utilization objectives and the remaining useful shelf life. However, GSA offices will handle the screening of medical shelf-life items to permit their use before the shelf life expires and the items are unfit for human use.

(e) Medical shelf-life items held for national emergency purposes which have a remaining useful life of 3 or more months and which are not reportable in accordance with $101-43.4801 shall be made available for use by other Federal agencies as provided in § 101-43.305. When such items are determined excess, a surplus release date shall be established by the holding agency providing a minimum of 21 calendar days for selection of the items for Federal use. For controlled substances (as defined in §101-43.001-4), each executive agency shall comply with § 101-43.307-2.

(f) Transfers among Federal agencies of medical materials and supplies held for national emergency purposes and determined to be excess shall be accomplished in accordance with §10143.309, except that such transfers shall be made upon such terms and prices as shall be agreed to by the Federal agencies concerned. Proceeds from such transfers may be credited to the current applicable appropriation or fund of the tranferring agency and shall be available only for the purchase of medical materials or supplies for national emergency purposes.

§ 101-43.308 Withdrawals and corrections.

§ 101-43.308-1 Withdrawals.

Requests for withdrawal of property previously reported as excess shall be submitted to the GSA regional office to which the original report was forwarded. Withdrawal requests may be submitted on SF 120 or by any other method approved by GSA. Disposition of property shall not be made until after approval for withdrawal is received from GSA except in instances

involving the physical transfer of property for purposes of major disaster relief.

§ 101-43.308-2 Corrections.

Corrections of reports of excess property shall be submitted on SF 120 or by any other method approved by GSA to the appropriate GSA regional office for necessary action.

§ 101-43.309 Transfers of excess personal property.

§ 101–43.309-1 Agencies eligible.

Transfers of excess personal property may be made among Federal agencies (including their cost-reimbursement contractors, cooperatives, and project grantees), the Senate, the House of Representatives, the Architect of the Capitol and any activities under his direction, mixed-ownership Government corporations as defined in 31 U.S.C. 9101, the municipal government of the District of Columbia, or non-Federal agencies for which GSA procures.

§ 101-43.309-2 Information on availability.

There are several methods of obtaining reliable information regarding the availability of excess personal property:

(a) Personal contact with GSA or the holding installations;

(b) Review of excess personal property catalogs and bulletins circulated by GSA;

(c) Examination and inspection of reports and samples of excess personal property assembled for this purpose in GSA regional offices; and

(d) Submission of current and future requirements for excess personal property to the appropriate GSA regional office using GSA Form 1539, Request for Excess Personal Property, illustrated at $101-43.4902-1539. Instructions for submission of requirements may be obtained from any GSA regional office. Wherever possible, the NSN should be included for each item requested. GSA will assist agencies in obtaining NSN's so that requirements may be incorporated into the automated matching system. if substitute items are acceptable, these should be furnished at the same time and identified by NSN. Re

quirements for NSN items may be submitted through ADP media. If not currently available as excess, property requirements identified by NSN's will be incorporated into GSA's automated requirements bank and will be retained for approximately 180 calendar days. Property reported excess during this time, if matched with recorded requirements, will be offered for immediate transfer. Normally, items for which needs are registered will not be offered in GSA excess property catalogs and bulletins. Agencies should update their lists of items at the end of each 180-calendar-day period to retain visibility in the requirements bank.

§ 101-43.309-3 Reimbursement.

(a) General. Transfers of excess personal property shall be without reimbursement (the costs specified in §10143.310-1 are chargeable to the transferee agency), except when:

(1) The property transferred was acquired with funds either not appropriated from the general fund of the U.S. Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue or receipts, and payment is requested (it is the current policy of the executive branch of the Government that transfers of working capital fund property shall be without reimbursement);

(2) The transferor or the transferee agency (or the organizational unit affected is a wholly owned or mixed-ownership Government corporation as defined in the Government Corporation Control Act (31 U.S.C. 9101), is the municipal government of the District of Columbia, or is a non-Federal agency for which GSA procures;

(3) The transferor or the transferee agency is the U.S. Postal Service (USPS);

(4) The property is designated as exchange/sale property and is transferred pursuant to part 101-46;

(5) The transferee agency is acquiring the property for use by a project grantee which is a public agency or is nonprofit and exempt from taxation under 26 U.S.C. 501; or

(6) Reimbursement is directed by GSA.

(b) Fair market value reimbursement. Reimbursement of the fair market