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101-45.900 Scope of part. . 101-45.901 Authority to abandon or destroy. 101-45.902 Findings justifying abandonment

or destruction. 101-45.902–1 Notice of proposed abandon

ment or destruction, 101-45.902-2 Abandonment or destruction

without notice.

Subpart 101-45.10--Recovery of Precious

Metals

101-45.1000 Scope of subpart. 101-45.1001 General. 101-45.1002 Agency responsibilities. 101-45.1002-1 Precious metals recovery sur

veys. 101-45.1002-2 (Reserved) 101-45.1002-3 Precious metals recovery pro

gram monitor. 101-45.10024 Internal audits. 101-45.1003 Recovery of silver from precious

metals bearing materials. 101-45.1003-1 Guidelines for the recovery of

silver from used hypo solution and scrap

film. 101-45.1003–2 Recovery of silver from used

hypo solution. 101-45.1003–3 Recovery of silver from scrap

film. 101-45.1004 Recovery and use of precious

metals through the DOD Precious Metals

Recovery Program. 101-45.1004-1 Civil agency participation in

the DOD Precious Metals Recovery Program.

101-45.4900 Scope of subpart. 101-45.4901 Standard forms 101-45.4901-28 Standard Form 28, Affidavit

of Individual Surety. 101-45.4901–97 Standard Form 97, The United

States Government Certificate to Obtain

Title to a Vehicle. 101-45.4901-97-1 Instructions for use of

Standard Form 97. 101-45.4901-114 Standard Form 114, Sale of

Government Property-Bid and Award. 101-45.4901–114A Standard Form 114A, Sale

of Government Property-Item Bid

Page-Sealed Bid. 101-45.4901-114B Standard Form 114B, Sale

of Government Property-Item Bid

Page-Sealed Bid. 101-45.4901–114C Standard Form 114C, Sale

of Government Property-General Sale

Terms and Conditions. 101-45.4901-114C-1 Standard Form 114C-1,

Sale of Government Property-Special

Sealed Bid Conditions. 101-45.4901-114C-2 Standard Form 114C-2,

Sale of Government Property-Special

Sealed Bid-Term Conditions. 101-45.4901-11403 Standard Form 114C-3,

Sale of Government Property-Special

Spot Bid Conditions. 101-45.4901-11404 Standard Form 114C-4,

Sale of Government Property-Special

Auction Conditions. 101-45.4901-114D Standard Form 114D, Sale

of Government PropertyAmendment of tification. 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. their reports of excess personal property to prevent GSA from automatically programming the property for sale.

(53 FR 16120, May 5, 1988. Redesignated at 59 FR 50696, Oct. 5, 1994)

Subpart 101-45.1-General

Invitation for Bids Modification of Con

tract. 101-45.4901-114E Standard Form 114E, Sale

of Government Property-Negotiated

Sales Contract. 101-45.4901-114F Standard Form 114F, Sale

of Government Property-Item Bid

Page--Spot Bid or Auction. 101-45.4901-126 Standard Form 126, Report of

Personal Property for Sale. 101 45.4901–126A Standard Form 126A, Re

port of Personal Property for Sale (Con

tinuation Sheet). 101-45.4901-150 Standard Form 150, Deposit

Bond-Individual Invitation, Sale of Gov

ernment Personal Property. 101-45.4901–151 Standard Form 151, Deposit

Bond--Annual, Sale of Government Per

sonal Property. 101-45.4902 GSA forms. 101-45.4902–27 GSA Form 27, Notice of Award

(Sale of Government-Owned Personal

Property). 101-45.4902-27A GSA Form 27A, Notice of

Award-Continuation. 101-45.4903 Optional forms. 101-45.4903–15 Optional Form 15, poster, Sale

of Government Property. 101_45.4903–16 Optional Form 16, Sales Slip,

Sale of Government Personal Property, 101-45.4903-20 Optional Form 20, Notice to

Surety-Deposit Bond-Annual Sale of
Government Personal Property.

$ 101-45.101 Applicability.

(a) This part 101-45 applies to all agencies in the executive, legislative, and judicial branches of the Government, except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction, to the extent provided in the Federal Property and Administrative Services Act of 1949, as amended (hereinafter generally referred to in this part 101-45 as "the Act”).

(b) The provisions of this part 101-45, relating specifically to sales of surplus personal property, do not apply to sales by the Secretary of Defense made pursuant to 10 U.S.C. 2576.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(C), $8 101-45.400 to 101–45.405 also issued under sec. 307, 49 Stat. 880; 40 U.S.C. 3041.

(34 FR 5172, Mar. 13, 1969)

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(59 FR 50696, Oct. 5, 1994)

101-45.103–2 Holding agency sales.

All provisions of Parts 101-45 and 101– 46 shall be followed in conducting sales of Government-owned personal property. Agency internal procedures shall be issued to ensure compliance and uniformity and to protect the integrity of the sales process.

(59 FR 50697, Oct. 5, 1994]

(c) For sales proceeds that are reimbursable to the holding agency, net proceeds (sales proceeds less GSA's direct, and indirect costs) will be distributed to the agency via the on-line payment and accounting control (OPAC) system.

(d) A portion of the proceeds from the sale of nonreimbursable surplus property will also be retained by GSA to cover its direct and indirect costs. The net proceeds will be deposited to miscellaneous receipts of the Treasury.

(e) Rates for accessorial services, including transportation, storage, maintenance, and reconditioning of property prior to sale, will vary according to local market conditions and will be published in GSA regional bulletins available from the servicing GSA region.

(f) Agencies may be consulted to assist GSA in the determination of the best method of sale and their requirements for accessorial services.

(g) Property for which the sales contract is terminated for default will be resold at no cost to the holding agency. Property for which the sales contract is terminated for cause, e.g., misdescription of the property, will be resold at the holding agency's cost if the cause is attributable to the holding agency.

(59 FR 50697, Oct. 5, 1994)

§ 101-45.103-3 Sales by GSA.

(a) For property reported to GSA for disposal, the following basic services will be provided at reimbursable rates established by GSA on an annual basis.

(1) Auction and spot bid sales. The following services are covered under the basic rate:

(i) Property cataloging;
(ii) Maintenance of mailing list;

(iii) Printing and distribution of announcement to bidders on mailing list;

(iv) Normal media advertising (one newspaper or equivalent);

(v) Registration of bidders;
(vi) Auctioneer;
(vii) Onsite contracting officer;
(viii) Award document preparation;
(ix) Onsite collection of proceeds;

(x) Follow-on collection of late payments;

(xi) Security service;
(xii) Deposit of proceeds;
(xiii) Distribution of proceeds;

(xiv) Financial and property line item accountability; and

(xv) Contract administration.

(2) Sealed bid sales. The following services are covered under the basic rate:

(i) Property cataloging;
(ii) Maintenance of mailing list;

(iii) Printing/distribution of invitation for bids to bidders on mailing list;

(iv) Bid opening; (v) Contract awards; (vi) Preparation of award documents;

(vii) Financial and property line item accountability; and

(viii) Contract administration;

(b) GSA will deduct service charges from the proceeds of sale.

g 101-45.103–4 Sales conducted at hold

ing agency facilities. If GSA sells property from holding agency facilities,

facilities, holding agencies shall be responsible for the following:

(a) Providing the appropriate GSA regional office with information necessary for effective sale of property and the accounting data for appropriate application of gross proceeds;

(b) Transporting property to a consolidated sales site when agreed to by the holding agency and GSA;

(c) Providing for the inspection of property by prospective bidders;

(d) Providing facilities for the conduct of sales and the essential administrative, clerical, or labor assistance when requested by GSA; and

(e) Assisting in the physical lotting of property to be sold at agency facilities.

[59 FR 50697, Oct. 5, 1994)

8 101-45.104 Care and handling pend

ing disposal. Pending disposal, each holding agency shall be responsible for performing, and bear the cost of, care and handling of its property.

g 101-45.107 Holding agency compli

ance function. Subject to the provisions of $10145.107–1 requiring referral of criminal matters to the Department of Justice, each holding agency shall perform investigatory functions as are necessary to insure compliance with the provisions of the Federal Property Act and with the regulations, orders, directives, and policy statements of the Administrator of General Services. Nothing in this $101-45.107 should be deemed to affect the jurisdiction of any agency over its own personnel or any existing arrangements with Department of Justice concerning the handling and prosecution of criminal matters.

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8 101-45.107–1 Referral to other Gov

ernment agencies. All information indicating violations by any person of Federal criminal statutes, or violations of section 209 of the Federal Property Act, including, but not limited to, fraud against the Government, mail fraud, bribery, attempted bribery, or criminal collusion, shall be referred immediately to the Department of Justice, for further investigation and disposition. Each holding agency shall make available to the Department of Justice, or to such other governmental investigating agency to which the matter may be referred by the Department of Justice, all pertinent information and evidence concerning the indicated violations; shall desist from further investigation of the criminal aspects of such matters except upon the request of the Department of Justice; and shall cooperate fully with the agency assuming final jurisdiction in establishing proof of criminal violations. After making the necessary referral to the Department of Justice, inquiries conducted by the holding agency compliance organizations shall be limited to obtaining information for administrative purposes. Where irregularities reported or discovered involve wrongdoing on the part of individuals holding positions in Government agencies other than the agency initiating the investigation, the case shall be reported immediately to the Administrator of General Services for an examination in the premises.

[53 FR 16121, May 5, 1988)

8 101-45.105-3 Exemptions.

Exemptions from the provisions of this Part 101-45 may be obtained by an agency head who believes that authority with respect to the programs covered by section 602(d) of the Act would be impaired or adversely affected by this part. Exemptions may be requested, in writing, from the Administrator of General Services.

(59 FR 50697, Oct. 5, 1994)

§ 101-45.106 Property controlled by

other law.

No property shall be disposed of in violation of any other applicable law.

§ 101-45.107-2 Compliance reports.

A written report shall be prepared on all compliance investigations conducted by each agency compliance organization. Each holding agency shall maintain files of all such reports. Until otherwise directed by the Administrator of General Services, there shall be transmitted promptly to GSA one copy of any such report which contains information indicating criminality on the part of any person or indicating substantial noncompliance with the Act or with the regulations, orders, directives, and policy statements of the Administrator of General Services. In transmitting such reports to the Administrator of General Services, the agency shall set forth the action taken or contemplated by the agency to correct the improper conditions disclosed by the investigation. Where any matter is referred to the Department of Justice, a copy of the letter of referral shall be transmitted to GSA.

for the region in which the property is physically located in the manner outlined below:

(a) Reportable property. Property required to be reported to the GSA regional offices for utilization screening as set forth in part 101-43, if not transferred or donated, will be programmed for sale by the GSA regional office.

(b) Nonreportable property. Property not required to be reported for utilization screening and for which any required donation screening has been completed shall be reported to the appropriate GSA regional office on Standard Form 126, Report of Personal Property for Sale (illustrated in 101– 45.4901–126). Standard Form 126A, Report of Personal Property for Sale Continuation Sheet, shall be used if additional pages are required. Standard Forms 126 and 126A are stocked as fivepart carbon interleaved forms and may be obtained by submitting a requisition in FEDSTRIP/

MILSTRIP format to the GSA regional office providing support to the requesting activity.

Subpart 101-45.2 [Reserved]

Subpart 101-45.3-Sale of

Personal Property

(30 FR 2930, Mar. 6, 1965, as amended at 31 FR 5000, Mar. 26, 1966; 42 FR 40852, Aug. 12, 1977; 59 FR 50697, Oct. 5, 1994)

$ 101–45.300 Scope of subpart.

This subpart prescribes the policies and methods governing the disposal of personal property by sale.

§ 101-45.303–1 Describing property.

In the interest of good business practice, property reported for sale shall be described in commercial terminology and as fully and accurately as possible, including its condition.

$ 101-45.301 [Reserved)

8 101-45.302 Sale to Government em

ployees. To the extent not prohibited by the regulations of an executive agency, an employee of such agency (either as a civilian or as a member of the Armed Forces of the United States, including the U.S. Coast Guard, on active duty) may be allowed to purchase Government personal property. The term employee as used in this section includes an agent or immediate member of the household of the employee.

$ 101–45.3032 Display and inspection.

Holding agencies shall assist prospective bidders to the maximum extent possible during the inspection period prescribed in the sales offering. However, no information shall be provided to a prospective bidder which is not available to all bidders.

(35 FR 14134, Sept. 5, 1970)

$ 101-45.303-3 Delivery.

(a) After full payment has been received from a buyer, the GSA regional office will notify the holding activity by copy of the GSA Form 27A, Purchaser's Receipt and Authority to Release Property, that property may be released to the purchaser. (See $8 101– 45.4902–27A (over-the-counter and selfmailer)). Upon completion of a sale, the servicing GSA finance office will simultaneously forward to the holding

§ 101-45.303 Reporting property for

sale.

If holding agencies elect to have GSA sell their property, it shall be reported to the appropriate GSA regional office

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