Code of Federal Regulations: Containing a Codification of Documents of ...

(1) Maximum utilization of property is obtained and that property is used for official purposes only;

(ii) Adequate inventory controls and accountability records are maintained;

(iii) Property is properly cared for including preservation, preventive maintenance, handling and storage;

(iv) Property is made available for reassignment to other Government activities when such property is no longer required for present or approved projects or programs;

(v) Newly acquired property is adequately inspected to assure receipt of proper quantities in acceptable condition, and compliance with specifications and standards;

(vi) Property management reports are submitted as required; and

(vii) Periodic management reviews are conducted for the purpose of determining (a) compliance with prescribed policies and regulations, and (b) the need for guidance and/or training. The reviews shall be conducted by qualified personnel preferably assigned to positions not directly accountable or responsible for the property in the area being reviewed. The Procurement and Materiel Checklist, Form HEW-552, available through normal distribution channels, shall be used as appropriate in conducting such reviews.

[35 F.R. 13645, Aug. 27, 1970, as amended at 35 F.R. 19250, Dec. 19, 1970]

§ 103-1.5004 Primary responsibility.

The Secretary has primary responsibility for providing direction and leadership in the development and establishment of an effective and efficient property management program including:

(a) Internal regulations, policies, and procedures, to meet the requirements of laws, regulations, and the dictates of good management practices; and

(b) The review and evaluation of property management programs, operations, and procedures.

§ 103-1.5005 Assignment of responsibilities and delegations of authority. (a) General. Some property management transactions require specific grants of authority empowering individuals to

take those actions, e.g., procurement authority to acquire property where the expenditure of funds is involved; contracting authority where the sale of property is involved. Other actions are based on grants of authority, instructions, directions, or are authorized by virtue of occupying a position to which responsibility is assigned. To effectively and efficiently conduct the Department's property management function, and in the interest of less costly procedures and practices, it is considered generally desirable that authority and responsibility for property management transactions be exercised at the lowest organizational unit practicable. Delegations may be made by the Office of the Secretary to operating agencies and the Regional Offices. Delegations made to officials of these organizations may be redelegated when authorized.

(b) Delegations and redelegations. Chapter 8-75 of the HEW General Administration Manual states the policy and procedure applicable to delegations of authority and responsibility. Delegations of authority to perform actions pertaining to the management of property and related functions are located elsewhere in this Part 103-1.

§ 103–1.5006 Responsibilities of Department officials.

(a) General. At all levels of the Department, officials in charge of activities have an inherent responsibility for the management of property under their jurisdiction. Depending upon the scope of the activities involved, these responsibilities will be carried out directly by the officer in charge or through the assistance of a staff officer selected to perform duties of the kind outlined in § 103-1.5007, either on a full-time basis or in addition to other duties.

(b) Specific responsibilities include:

(1) Advising all organizations and persons concerned of the name, location, responsibilities and authorities of individuals designated to perform property management responsibilities;

(2) Directing personnel under his jurisdiction to give full cooperation to such individuals;

(3) Designating personnel to assume the responsibilities of such individuals during their absence; and

(4) Notifying all employees of their responsibilities under § 103-1.5008.

§ 103-1.5007 Responsibilities of property management officers.

A property management officer designated to carry out property management repsonsibilities is a staff officer or employee responsible to the officer in charge of an activity. He works in concert with other staff members of that activity to coordinate the planning for and utilization of all property, to assure effective and economical service in meeting operating needs (see § 103-1.5003). The property management officer's responsibilities include, but are not limited to, the following:

(a) Providing leadership and guidance in the proper utilization, care and disposal of property, as well as assuring the development of requirements for property on the basis of a determined need within authorized program objectives.

(b) Determining the condition of property relative to its serviceability and repairability resulting from fair wear and tear.

(c) Requiring board-of-survey action in accordance with instructions contained in HEWPMR, and when otherwise deemed advisable.

(d) In addition, where the jurisdiction of his chief encompasses one or more property accountable areas:

(1) Assuring through staff leadership and technical assistance that prescribed property accountability and property custodial records and controls and property transactions are maintained;

(2) Assuring that property accountability records are verified and reconciled by periodic inventories of property; and (3) When serving as property accountable official, carrying out prescribed responsibilities.

ous enforcement of necessary administrative measures to assure proper preservation and utilization of all Government property under jurisdiction of an officer-in-charge, an administrative official, or a supervisor. This responsibility does not denote, however, that personnel in such positions will be held pecuniarily liable for loss, damage, or destruction of property under their supervisory jurisdiction, unless there is evidence of neglect or misconduct indicating dereliction of duty on their part.

(2) Personal responsibility. Responsibility for the care and protection of Government property is an obligation inherent in every position occupied by a Government employee. Every employee is obligated to properly care for, handle, and use Government property, whether such property has been issued to or specifically assigned for his personal use, or is used by him only occasionally. The use of Government property at or away from the office or station requires the same exercise of judgment and prudence for care and protection of the property as a reasonable person would apply to his personal belongings. Leaving expensive equipment such as cameras, portable tape recorders, etc., in full view in a locked car in a location during periods when breaking and entering could be accomplished unobserved is not exercising prudence. Such action, when associated with other factors, could constitute negligence.

(b) Failure on the part of an employee to exercise responsibility for the care and protection of Government property could result in pecuniary liability. An employee may be held pecuniarily liable and be required to make restitution to the Government when such a determination has been made under the Board of Survey procedure, or upon a review of the case by the prescribed authority or his designee when the determination has been appealed by the employee. The employee may be excused from liability by the same authority.

(c) The extract from section 641 of title 18, United States Code, quoted below, available on Form HEW-542, Care and Protection of Government Property, will be posted on bulletin boards and