41 CFR 101-43.4902-2946 Subpart 101-44.47 -- Reports
101-44.4701 Reports.
41 CFR 101-43.4902-2946 Subpart 101-44.48 -- (Reserved)
41 CFR 101-43.4902-2946 Subpart 101-44.49 -- Illustrations of Forms
101-44.4900 Scope of subpart.
101-44.4901 Standard forms.
101-44.4901-123 Standard Form 123, Transfer Order Surplus Personal
Property.
101-44.4901-123-A Standard Form 123-A, Transfer Order Surplus
Personal Property (Continuation sheet).
101-44.4901-123-1 Instructions for preparing and processing Standard
Form 123.
101-44.4902 GSA forms.
101-44.4902-3040 GSA Form 3040, State Agency Monthly Donation Report
of Surplus Personal Property.
101-44.4902-3040-1 Instructions for preparing GSA Form 3040.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 42 FR 56003, Oct. 20, 1977, unless otherwise noted.
41 CFR 101-44.000 Scope of part.
This part prescribes policies and methods governing the donation of
surplus personal property located within the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands,
and the donation of foreign excess personal property designated for
return to the United States.
(53 FR 16106, May 5, 1988)
41 CFR 101-44.001 Definitions of terms.
For the purposes of this part 101-44 the following terms shall have
the meanings set forth in this section.
41 CFR 101-44.001-1 Agricultural commodity.
Agricultural commodity means a product resulting from the cultivation
of the soil or husbandry on farms and in the form customarily marketed
by farmers.
101-44.001-2 (Reserved)
41 CFR 101-44.001-3 Donable property.
Donable property means surplus property under the control of an
executive agency (including surplus personal property in working capital
funds established under 10 U.S.C. 2208 or in similar management-type
funds) except:
(a) Such property as may be specified from time to time by the
Administrator of General Services;
(b) Surplus agricultural commodities, food, and cotton or woolen
goods determined from time to time by the Secretary of Agriculture to be
commodities requiring special handling to assist him in carrying out his
responsibilities with respect to price support or stabilization;
(c) Property in trust funds; or
(d) Nonappropriated fund property.
41 CFR 101-44.001-4 Donee.
Donee means a service educational activity; a State, political
subdivision, municipality, or tax-supported institution acting on behalf
of a public airport; a public agency using surplus personal property in
carrying out or promoting for the residents of a given political area
one or more public purposes, such as conservation, economic development,
education, parks and recreation, public health, and public safety; an
eligible nonprofit tax-exempt educational or public health institution
or organization; the American National Red Cross; a public body; an
eleemosynary institution; or any State or local government agency, and
any nonprofit organization or institution, which receives funds
appropriated for programs for older individuals under the Older
Americans Act of 1965, as amended, under title IV or title XX of the
Social Security Act, or under titles VIII and X of the Economic
Opportunity Act of 1964 and the Community Services Block Grant Act.
(53 FR 16106, May 5, 1988)
101-44.001-5 (Reserved)
41 CFR 101-44.001-6 Local government.
Local government means a government, or administration of a locality,
within a State or a possession of the United States.
101-44.001-7 (Reserved)
41 CFR 101-44.001-8 Motor vehicle.
Motor vehicle means a conveyance self-propelled or drawn by
mechanical power, designed to be principally operated on the streets and
highways in the transportation of property or passengers.
41 CFR 101-44.001-9 No commercial value.
No commercial value means a determination that property has neither
utility nor monetary value (either as an item or as scrap).
(53 FR 16106, May 5, 1988)
41 CFR 101-44.001-10 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.
41 CFR 101-44.001-11 Public body.
Public body means any State, territory, or possession of the United
States; any political subdivision thereof; the District of Columbia;
the Commonwealth of Puerto Rico; any agency or instrumentality of any
of the foregoing; any Indian tribe; or any agency of the Federal
Government.
41 CFR 101-44.001-12 Service educational activity.
Service educational activity means any educational activity
designated by the Secretary of Defense as being of special interest to
the armed services; e.g., maritime academies or military, naval, Air
Force, or Coast Guard preparatory schools.
41 CFR 101-44.001-13 State.
State means one of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(53 FR 16106, May 5, 1988)
41 CFR 101-44.001-14 State agency.
State agency means the agency in each State designated under State
law as responsible for the distribution within the State of all
donations of surplus property to public agencies and eligible nonprofit
tax-exempt activities.
(53 FR 16106, May 5, 1988)
41 CFR 101-44.002 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.
(53 FR 16106, May 5, 1988)
41 CFR 101-44.002 Subpart 101-44.1 -- General Provisions
41 CFR 101-44.101 Withdrawal of donable property.
Surplus personal property set aside or approved for donation may be
withdrawn for use by the holding agency with the prior approval of GSA.
Holding activities may withdraw such property to meet their essential
valid requirements in emergency situations without prior approval of
GSA, but shall notify GSA immediately of such actions. The GSA regional
office will advise the State agency or donee which applied for the
property at the time a withdrawal is approved by GSA.
(53 FR 16106, May 5, 1988)
41 CFR 101-44.102 Cooperation of holding agencies.
The role of agencies, other than State agencies, holding Federal
property pending donation shall be limited to the following:
(a) Holding agencies shall cooperate fully with all agencies and
their duly accredited representatives authorized to participate in the
donation program in locating, screening and inspecting surplus personal
property for donation. Upon reasonable request, holding agencies shall
make available to these agencies or their representatives complete
information regarding the quantity, description, condition, and location
of donable property in their inventories. Holding agencies, however,
need not prepare nor mail reports or listings not otherwise required by
their procedures.
(b) Each holding agency shall annotate nonreportable personal
property records to indicate to authorized State agencies, donee
representatives or responsible Federal officials the date of the surplus
determination by the holding agency.
(c) Pending donation, each holding agency shall be responsible for
performing, and bearing the cost for, the care and handling of its
property. Direct costs incurred by the holding agency in the actual
packing, preparation for shipment, and loading of property incident to
the donation may be reimbursable. Holding agencies may waive the amount
involved as being uneconomical or impractical to collect. Where such
charges are incurred, they shall be reimbursed promptly by the State
agency or designated donee upon appropriate billing. Overhead or
administrative costs or charges shall not be included.
(d) Holding agencies shall provide a period of 21 calendar days
following the surplus release data for donation screening in accord with
101-44.109. During this period, a holding activity shall not take for
its own use any property in its custody, except as provided in
101-44.101.
(e) Surplus property set aside for donation (see 101-44.109) shall
be retained by the holding agency for a period not to exceed 42 calendar
days from the surplus release date, pending receipt of an approved
Standard Form (SF) 123, Transfer Order Surplus Personal Property, from
GSA and firm instructions for pickup or shipment of the property. The
transferee is responsible for removing the property or for making
arrangements with common carriers for its shipment. Property disposal
officers or other representatives of holding activities shall not act as
the agent or shipper for transferees in this regard. Upon receipt of
the approved SF 123 and instructions for pickup or shipment, the holding
activity shall promptly notify the transferee or the transferee's
designated agent of the availability of the property. At the end of the
42-day period, the holding agency may proceed with the disposal of the
property if the approved SF 123 and pickup or shipping instructions have
not been received.
(f) Surplus property shall not be released by a holding activity for
donation until the activity has received an SF 123 bearing the signed
approval of the appropriate GSA official.
(53 FR 16106, May 5, 1988)
101-44.103 (Reserved)
41 CFR 101-44.104 Costs incurred incident to donation.
Direct costs incurred by the holding agency in packing, loading, or
preparing the property for shipment shall be borne by the State agency
or the designated donee. Where such costs are incurred, they shall be
reimbursed promptly by the State agency or designated donee upon
appropriate billing, unless the holding agency waives the amount
involved as being uneconomical or impractical to collect.
(53 FR 16107, May 5, 1988)
41 CFR 101-44.105 Assistance in major disaster relief.
(a) Upon declaration by the President of an emergency or a major
disaster, surplus equipment and supplies may be donated to State and
local governments for use and distribution by them for emergency or
major disaster assistance purposes in accordance with the directions of
the Federal Emergency Management Agency (FEMA) pursuant to the Disaster
Relief Act of 1974 (Pub. L. 93-288) and Executive Order 12148, as
amended. All donations of surplus personal property for major disaster
assistance purposes require the prior approval of GSA, except where
property already transferred for donation is donated to eligible donees
by the State agency.
(b) When Federal surplus property in the custody of a State agency is
requested by the State official in charge of disaster operations, and
certified by FEMA as being usable and needed, the State agency will
release the property to the authorized State official.
(c) Reimbursement to the State agency releasing surplus property for
disaster assistance will be made by the State receiving the property.
If reimbursement is sought, the State agency should coordinate and make
arrangements with the State official in charge of disaster relief for
reimbursement for services provided. In addition to services rendered,
State agencies are entitled to reimbursement of documented expenses
originally incurred in the care and handling of the property, including
the screening, transporting, and receipt of property made available for
disaster relief.
(d) Property previously obtained from or through the State agency for
disaster relief purposes, and not used or no longer required, shall be
returned to the State agency. Such property received by the State
agency will be accounted for and disposed of in the same manner as any
other property approved for donation under normal circumstances.
(e) Federal assistance under the Disaster Relief Act of 1974 is
terminated upon notice to the Governor of the State by the Director,
FEMA, or at the expiration of time periods prescribed in FEMA
regulations, whichever occurs first.
(53 FR 16107, May 5, 1988)
101-44.106 (Reserved)
41 CFR 101-44.107 Donation of property withdrawn from sale.
Surplus personal property which is being offered for sale may be
withdrawn and approved for donation: Provided, The property was not
previously made available for donation or such action is not harmful to
the sale, as jointly determined by GSA and the holding or selling
agency. Withdrawal must be made before the award of such property. The
State agency or donee requesting withdrawal of property from sale for
purposes of donation shall submit the request to GSA for consideration
and coordination with the selling agency. The request shall include a
justification and a statement of whether the property had been available
for screening during the authorized donation screening period.
41 CFR 101-44.108 Donation of special categories of property.
The Administrator of General services is authorized under section
203(j)(4) of the Federal Property and Administrative Services Act of
1949, as amended, as circumstances warrant, to impose appropriate
conditions on the donation of property having characteristics that
require special handling or use limitations. In exercising his
discretion the Administrator may, a case-by-case basis, prescribed
additional restrictions covering the handling or use of such property.
41 CFR 101-44.108-1 Drugs, biologicals, reagents, and other medical
materials and supplies other than controlled substances.
Surplus drugs, biologicals, and reagents in Federal supply classes
6505 and 6508 which are not required to be destroyed as provided by
101-45.903 may be donated to public agencies and eligible nonprofit
tax-exempt activities. When the report of excess or other communication
from the holding activity listing drugs, biologicals, and reagents
indicates any items that are unfit for human use, GSA will not offer
these items for donation. Controlled substances (as defined in
101-43.001-4) shall not be donated.
(a) Applications for transfer of surplus drugs, biologicals, and
reagents must be accompanied by a letter of clearance from the Food and
Drug Administration (FDA), Medical Product Quality Assurance Staff,
indicating that the items may be safely donated. Items which do not
fall within the purview of FDA, or which FDA indicates are unsuitable,
will not be considered by GSA for donation.
(b) For purposes of obtaining the letter of clearance from FDA, the
State agency or designated donee shall be responsible for obtaining and
providing samples of any item that is to be examined. Before laboratory
examinations are undertaken, FDA shall give the State agency an estimate
of the expected cost of the quality assurance. Any payment of costs for
laboratory examinations for quality assurance of these samples shall be
arranged by the State agency.
(c) In the case of surplus drugs, biologicals, reagents, and other
restricted medical materials and supplies (medical items that must be
dispensed or used only by a licensed, registered, or certified
individual) requested by a State agency, the SF 123 shall contain a
statement that:
(1) The listed property will be transferred from the holding agency
directly to the designated donee;
(2) The intended donee is licensed and authorized to administer and
dispense such items or is authorized to store the items; and
(3) The State agency will obtain a certification from the donee
indicating that:
(i) The items transferred to the donee institution or organization
will be safeguarded, dispensed, and administered under competent
supervision;
(ii) Adequate facilities are available to effect full accountability
and proper storage of the items in accordance with Federal, State and
local statutes governing their acquisition, storage, and accountability;
and
(iii) The administration or use of the items requested will comply
with the provisions of the Federal Food, Drug, and Cosmetic Act, as
amended (21 U.S.C. 301-392).
(d) A State agency shall not pick up or store in its distribution
center, surplus drugs, biologicals, reagents, and other restricted
medical materials and supplies. This property shall be transferred from
the holding agency directly to the designated donee.
(e) Shelf-life items and medical materials and supplies held for
national emergency purposes, and determined to be surplus in accordance
with 101-43.307-13, shall be made available for donation screening as
provided in 101-44.109.
(53 FR 16107, May 5, 1988)
41 CFR 101-44.108-2 Donation of aircraft.
This section provides procedures and conditions for the donation of
aircraft which are not classified for reasons of national security and
after removal of lethal characteristics. The requirements of this
paragraph apply to the donation of any fixed- or rotary-wing aircraft
with a unit acquisition cost of $5,000 or more, but do not apply to the
donation of individual aircraft components, accessories, parts, or
appurtenances not attached to or an integral part of an aircraft.
Combat-type aircraft shall not be donated for flight use.
(a) Plan of utilization. To assist GSA in the allocation and
transfer of available surplus aircraft, each SF 123 submitted to GSA for
donation of an aircraft covered by this section shall include a letter
of intent, signed and dated by the authorized representative of the
proposed donee, setting forth a detailed plan of utilization for the
property. The letter of intent shall provide the following information:
(1) A description of the aircraft requested, including the type,
model or size, and the serial number, if it is known;
(2) A detailed description of the donee's program and the number and
types of aircraft currently owned by the donee;
(3) Whether the aircraft is to be used for flight purposes or
nonflight purposes (including ground instruction or simulation use), and
details of the planned utilization of the aircraft including but not
limited to how the aircraft will be used, its purpose, how often and for
how long. If for flight purposes, specify source of pilot(s) and where
aircraft will be housed. When the aircraft is requested for
cannibalization (recovery of parts and components), the letter of intent
should provide details of the cannibalization process (time to complete
the cannibalization process, how recovered parts are to be used, method
of accounting for usable parts, etc.); and
(4) Any supplemental information (such as geographical area and
population served, number of students enrolled in educational programs,
etc.) supporting the donee's need for the aircraft.
(b) Donation of aircraft to public agencies and eligible nonprofit
tax-exempt activities. (1) For the donation of an aircraft to a donee
eligible in accordance with the provisions of subpart 101-44.2, the
following documentation shall be submitted to GSA along with the SF 123
and the donee's letter of intent:
(i) A letter, signed and dated by the State agency director,
confirming and certifying the applicant's eligibility and containing the
State agency's evaluation of the applicant's ability to use the aircraft
for the purpose stated in its letter of intent and any other
supplemental information concerning the needs of the donee which
supports making the allocation;
(ii) A State agency distribution document, signed and dated by the
authorized representative of the donee, and containing the terms,
conditions, and restrictions prescribed by GSA; and
(iii) A conditional transfer document, signed by both the donee and
the State agency, and containing the special terms, conditions, and
restrictions prescribed by GSA. The conditional transfer document may
include additional State agency imposed terms, conditions, and
restrictions on the use of the aircraft which are consistent with any
Federal requirements or the State plan of operation. However, none of
the Federal terms, conditions, and restrictions outlined in the executed
conditional transfer document, including the requirement for an
additional 48-month period of approved use, shall be modified, amended,
waived, released, or abrogated by the State agency without the prior
written approval of GSA.
(2) Donation of aircraft to public agencies and eligible nonprofit
tax-exempt activities shall be subject to the following terms,
conditions, and restrictions:
(i) The donee shall apply to the Federal Aviation Administration
(FAA) for registration of an aircraft intended for flight use within 30
calendar days of receipt of the aircraft. The donee's application for
registration shall include a fully executed copy of the conditional
transfer document and a copy of its letter of intent. If the aircraft
is to be flown as a civil aircraft, the donee must obtain an FAA
Standard Airworthiness Certificate within 12 months of receipt of the
aircraft. The donee shall provide the State agency and GSA with a copy
of the FAA registration and the Standard Airworthiness Certificate.
(ii) The aircraft shall be used solely in accordance with the
executed conditional transfer document and the plan of utilization set
forth in the donee's letter of intent, unless the donee has amended the
letter and it has been approved in writing by the State agency and GSA
and a copy of the amendment recorded with FAA.
(iii) Combat-type aircraft, as designated by DOD, shall not be
donated for flight purposes. The restrictions on combat-type aircraft
shall be in perpetuity and shall not be released by the State agency
without the prior written approval of the GSA Central Office.
(iv) In the event any of the terms, conditions, and restrictions
imposed by the conditional transfer document are breached, title and
right to the possession of the aircraft shall, at the option of GSA,
revert to the United States of America. The donee, at the option of
GSA, shall be liable to the United States of America for the proceeds
from any unauthorized disposal or for the fair market value or fair
rental value of the aircraft at the time of any unauthorized transaction
or use, as determined by GSA.
(v) If, during the period of restriction, the aircraft is no longer
suitable, usable, or further needed by the donee for the purpose for
which it was acquired, the donee shall promptly notify the State agency
and request disposal instructions. Disposal instructions shall not be
issued by the State agency except with the prior written concurrence of
GSA.
(vi) In the case of any noncombat aircraft donated for nonflight use,
and for all combat-type aircraft (unless certified by the Defense
Reutilization and Marketing Office that the historical records and data
plate have already been removed by the disposal agency), the State
agency shall acquire from the donee, within 30 calendar days of the
donee's receipt of the aircraft, the aircraft historical records (except
the records of the major components/life limited parts; e.g., engines,
transmissions, rotor blades, etc., necessary to substantiate their
reuse) and the manufacturer's aircraft data plate and turn them over to
the GSA allocating office. GSA will forward the records and data plates
to the Chief, Aircraft Manufacturing Division, Office of Airworthiness,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591.
(c) Donation of aircraft to service educational activities. (1)
Donation of a surplus Department of Defense (DOD) aircraft to a donee
eligible in accordance with the provisions of subpart 101-44.4 shall be
made in accordance with the terms of the individual donation agreement
executed by DOD and the service educational activity. The SF 123, with
the donee's letter of intent and any additional required documentation
specified, shall be submitted for approval to the appropriate GSA
regional office.
(2) Surplus DOD aircraft which have been demilitarized may be
approved for donation by GSA to service educational activities for
nonflight use, for static display, or for ground instruction and
simulation purposes.
(3) Surplus DOD noncombat and commercial-type aircraft may be
approved for donation by GSA at the request of DOD for flight purposes
by service educational activities subject to the following use
conditions and agreements which DOD shall require of the donee:
(i) The aircraft shall be used solely in connection with the plan of
utilization set forth in the donee's letter of intent unless DOD
authorizes a change in writing to the donee's plan of utilization.
(ii) The donee shall apply to FAA for registration (and shall provide
FAA with a copy of its letter of intent) within 30 calendar days of
receipt of the aircraft and shall forward a copy of the registration to
DOD and GSA.
(iii) The aircraft must be certified as airworthy prior to being put
into flight use. The donee shall furnish a copy of the FAA Standard
Airworthiness Certificate to DOD and GSA.
(d) Donation of aircraft for public airport purposes. (1) When a
surplus aircraft is donated to a donee eligible in accordance with the
provisions of subpart 101-44.5, the SF 123 and the donee's letter of
intent shall be processed by and through FAA and submitted to GSA for
approval.
(2) Surplus cannibalized or demilitarized aircraft may be approved
for donation by GSA to a public airport for use in firefighting and
rescue training.
(3) Flyable aircraft will not be approved for donation for public
airport purposes.
(e) Donation of condemned or obsolete combat aircraft for historical
purposes. Requests for donation of aircraft for historical purposes
(museums, static display, etc.) from veterans' organizations, soldiers'
monument associations, State museums, incorporated nonprofit educational
museums, municipal corporations (cities, boroughs or incorporated
towns), and Sons of Veterans Reserve shall be referred to DOD for
processing in accordance with 10 U.S.C. 2572 (see 101-44.901).
(53 FR 16108, May 5, 1988)
101-44.108-3 (Reserved)
41 CFR 101-44.108-4 U.S. munitions list items.
(a) A State agency requesting the transfer for donation of munitions
list items identified as requiring demilitarization shall include the
demilitarization code on the SF 123 and a statement that the State
agency will obtain certification from the donee that demilitarization
will be accomplished prior to further disposition in accordance with the
demilitarization instructions in 101-43.4804. Service educational
activities or public airport donees shall include a statement on the SF
123 that they will demilitarize the property prior to further
disposition in accordance with the requirements of the codes as set
forth in 101-43.4804.
(b) Before disposing of munitions list items identified as requiring
demilitarization, the donee may request demilitarization instructions
from GSA through the State agency for donations made pursuant to subpart
101-44.2 or through the Federal Aviation Administration for donations
made pursuant to subpart 101-44.5. For munitions list items identified
as requiring demilitarization donated to service educational activities
pursuant to subpart 101-44.4, demilitarization instructions may be
obtained directly from the Defense Logistics Agency (DLA).
(44 FR 27393, May 10, 1979, as amended at 53 FR 16109, May 5, 1988)
41 CFR 101-44.108-5 Bedding and upholstered furniture.
An SF 123 submitted to a GSA regional office for donation of bedding
and upholstered furniture will not be approved by GSA unless the State
agency or other donee includes a statement that the material will be
treated in accordance with applicable State law and regulations before
reuse.
41 CFR 101-44.108-6 Tax-free alcohol or specially denatured alcohol.
(a) When tax-free or specially denatured alcohol is requested for
donation, the donee must posses a special permit issued by the Assistant
Regional Commissioner of the appropriate regional office, Bureau of
Alcohol, Tobacco, and Firearms (BATF), Department of the Treasury, to
acquire the property.
(b) An SF 123 submitted to a GSA regional office for donation of
tax-free or specially denatured alcohol will not be approved by GSA
unless the appropriate BATF use-permit number is shown.
(c) A State agency shall not store tax-free or specially denatured
alcohol in distribution centers. This property shall be transferred
from holding activities direct to the designated donee.
41 CFR 101-44.108-7 Franked and penalty envelopes and paper with
official letterhead.
An SF 123 submitted to a GSA regional office for donation of paper
with an official letterhead or for donation of franked or penalty
envelopes on which the penalty indicia has not been obliterated will not
be approved by GSA unless the State agency or other donee includes a
statement certifying that the indicia and all other Federal Government
markings on the envelopes and paper will be completely obliterated
before they are used.
41 CFR 101-44.108-8 Pesticides and herbicides.
An SF 123 requesting donation of pesticides and herbicides not
registered with the Environmental Protection Agency (EPA) will not be
approved by GSA regional offices until full clearances for use of the
property have been received by GSA from the appropriate EPA regional
office.
41 CFR 101-44.108-9 Donation of vessels.
This section provides procedures and conditions for the transfer for
donation of any donable vessel which is 50 feet or more in length and
has a unit acquisition cost of $5,000 or more. Each SF 123 submitted to
GSA for donation of a vessel which is 50 feet or more in length shall be
accompanied by a letter of intent from the applicant donee setting forth
in detail the proposed use of the vessel. Each donee, as a condition of
the donation, shall agree also to fully comply with all Federal, State,
and local laws, regulations, ordinances, and requirements, including,
but not limited to those pertaining to environmental pollution, health
and safety, and to obtain all necessary permits, licenses, certificates,
and clearances applicable to acquiring, owning, transporting, repairing,
using, operating, and maintaining the vessel. Each donee, as a
condition of the donation, shall agree to obtain documentation of the
vessel under the applicable laws of the United States and the several
States, to maintain this documentation at all times, and to record each
document with the U.S. Coast Guard at the port of documentation of the
property within 30 calendar days after acquisition of the vessel, and in
compliance with applicable Federal and State laws.
(a) Plan of utilization. To assist GSA in the allocation and
transfer of available surplus vessels, each SF 123 submitted to GSA for
donation of a vessel covered by this 101-44.108-9 shall include a
letter of intent, signed and dated by the authorized representative of
the proposed donee, setting forth a detailed plan of utilization for the
property. The letter of intent shall provide the following information:
(1) A description of the vessel requested, including the type, name,
class, size, displacement, length, beam, draft, lift capacity, and the
hull or registry number, if it is known;
(2) A detailed description of the donee's program and the number and
types of vessels currently owned by the donee;
(3) A detailed description of the planned utilization of the vessel
including, but not limited to, how the vessel will be used, its purpose,
how often and for how long and whether the vessel is to be operated on
the waterways or not (including ground display, permanent mooring or
permanent land use). If for waterway purposes, a source of pilot(s) and
where the vessel will be docked must be specified. When the vessel is
requested for permanent docking on water or land, the letter of intent
should provide details of the process including the time to complete the
process.
(4) Any supplemental information (such as geographical area and
population served, number of students enrolled in educational programs,
number of visitors and students if for museum purposes, etc.) supporting
the donee's need for the vessel.
(b) Donation of vessels to public agencies and eligible nonprofit
tax-exempt activities. (1) For the donation of a vessel to a donee
eligible in accordance with the provisions of subpart 101-44.2, the
following documentation shall be submitted to GSA along with the SF 123
and the donee's letter of intent:
(i) A letter, signed and dated by the State agency director,
confirming and certifying the applicant's eligibility and containing the
State agency's evaluation of the applicant's ability to use the vessel
for the purpose stated in its letter of intent and any other
supplemental information concerning the needs of the donee which
supports making the allocation;
(ii) A State agency distribution document, signed and dated by the
authorized representative of the donee, and containing the terms,
conditions, and restrictions prescribed by GSA; and
(iii) A conditional transfer document, signed by both the donee and
the State agency, and containing the special terms, conditions, and
restrictions prescribed by GSA in accordance with 101-44.108-9(b)(2).
The conditional transfer document may include additional State agency
imposed terms, conditions, and restrictions on the use of the vessel
which are consistent with any Federal requirements or the State plan of
operation. However, none of the Federal terms, conditions, and
restrictions outlined in the executed conditional transfer document,
including the requirement for an additional 48-month period of approved
use, shall be modified, amended, waived, released, or abrogated by the
State agency without the prior written approval of GSA.
(2) Donation of vessels to public agencies and eligible nonprofit
tax-exempt activities shall be subject to the following terms,
conditions, and restrictions:
(i) The donee shall, within 30 calendar days of receipt of the
vessel, apply for documentation of the vessel to the U.S. Coast Guard at
the port of documentation of the vessel, under the applicable laws of
the United States and regulations promulgated thereunder and the
applicable laws of the several States governing the documentation of
said property, and agrees to maintain at all times such documentation.
The donee's application for documentation shall include a fully executed
copy of the conditional transfer document and a copy of its letter of
intent. The donee shall provide the State agency and GSA with evidence
that the documentation is accomplished including a copy of all approved
documentation.
(ii) The vessel shall be used solely in accordance with the executed
conditional transfer document and the plan of utilization set forth in
the donee's letter of intent, unless the donee has amended the letter
and it has been approved in writing by the State agency and GSA and a
copy of the amendment recorded with the U.S. Coast Guard at the port of
documentation of the vessel.
(iii) Naval vessels of the following categories shall not be donated:
Battleships, cruisers, aircraft carriers, destroyers and submarines (40
U.S.C. 472 (d)).
(iv) In the event any of the terms, conditions, and restrictions
imposed by the conditional transfer document are breached, title and
right to the possession of the vessel shall, at the option of GSA,
revert to and become the property of the United States of America. The
donee, at the option of GSA, shall be liable to the United States of
America for the proceeds from any unauthorized disposal or for the fair
market value or fair rental value of the vessel at the time of any
unauthorized transaction or use, as determined by GSA.
(v) If, during the period of restriction, the vessel is no longer
suitable, usable, or further needed by the donee for the purpose for
which it was acquired, the donee shall promptly notify the State agency
and request disposal instructions. Disposal instructions shall not be
issued by the State agency except with the prior written concurrence of
GSA.
(c) Donation of vessels to service educational actitities. (1)
Donation of a surplus Department of Defense (DOD) vessel to a donee
eligible in accordance with the provisions of subpart 101-44.4 shall be
made in accordance with the terms of the individual donation agreement
executed by DOD and the service educational activity and this
101-44.108-9. The SF 123, with the donee's letter of intent and any
additional required documentation specified, shall be submitted for
approval to the appropriate GSA regional office.
(2) The vessel shall be used solely in connection with the plan of
utilization set forth in the donee's letter of intent unless DOD
authorizes a change, in writing, to the donee's plan of utilization.
(3) The donee shall apply to the U.S. Coast Guard at the port for
documentation of the vessel (and shall provide the U.S. Coast Guard with
a copy of its letter of intent) within 30 calendar days of receipt of
the vessel and shall forward a copy of evidence of the documentation to
DOD and GSA.
(53 FR 16109, May 5, 1988)
41 CFR 101-44.108-10 Donation of noncertified electronic products.
(a) Whenever noncertified electronic products (as defined in
101-43.307-8) are requested for donation, the State agency, DOD, or FAA,
as applicable, shall:
(1) Provide the applicable State radiation control agency in which
the donee is located (see 101-45.4809) with a copy of the donation
document (SF 123, Transfer Order Surplus Personal Property) and the name
and address of the donee; and
(2) Require that the donee certify on the SF 123 that it:
(i) Is aware of the potential danger in using the product without a
radiation test to detemine the acceptability for use and/or modification
to bring it into compliance with the radiation safety performance
standard prescribed for the item under 21 CFR part 1000; and
(ii) Agrees to accept the item from the holding agency for donation
under those conditions.
(b) Surplus noncertified cold-cathode gas discharge tubes may be
donated only under conditions of destructive salvage.
(53 FR 16110, May 5, 1988)
41 CFR 101-44.109 Donation screening period.
(a) A period of 21 calendar days following the surplus release date
(see 101-43.001-32) shall be provided to set aside surplus reportable
and nonreportable property determined to be usable and necessary for
donation purposes in accordance with the provisions of subparts
101-44.2, 101-44.4, and 101-44.5. Reportable surplus property will be
set aside for donation when an application for donation, with an
informational copy to the holding activity, is submitted to a GSA
regional office for approval within the donation screening period.
Nonreportable surplus property will be set aside for donation upon
notification to a holding activity within the donation screening period
by a responsible Federal official, a State agency representative, or an
authorized donee representative that the property is usable and
necessary for donation purposes.
(b) During the prescribed 21-day donation screening period,
applications for surplus personal property will be processed by GSA
regional offices in the following sequence:
(1) Department of Defense personal property reportable to GSA in
accordance with 101-43.304 will be reserved for public airport donation
during the first 5 calendar days of the donation screening period and
during the next 5 days for service educational activities. During the
remaining portion of the donation screening period, the property will be
available on a first-come, first-served basis to all applicants.
(2) Executive agency personal property, other than personal property
of the Department of Defense, reportable to GSA in accordance with
101-43.304 will be reserved for public airport donation during the first
5 calendar days of the donation screening period. During the remaining
portion of the donation screening period, the property will be available
on a first-come, first-served basis. This property is not available for
donation to service educational activities.
(3) All executive agency personal property not reportable to GSA will
be made available for donation on a first-come, first-served basis.
Service educational activities are not eligible for donation of
nonreportable surplus personal property of executive agencies other than
the Department of Defense.
(c) To expedite donation, surplus property may be made available on a
case-by-case basis for onsite screening. The GSA regional office will
contact the holding agency not later than 15 calendar days before the
date the onsite screening is scheduled to start so that all necessary
arrangements can be coordinated and agreed upon. If time will not
permit separate utilization and donation screening, concurrent screening
may be scheduled with Federal, State, and donee representatives in
attendance. Participation in donation screening sessions is limited to
State agency employees and representatives of eligible donees designated
by the State agency to attend such sessions. Screening sessions shall
be conducted as follows:
(1) The donation screening period should be limited to the specific
dates established by the agreement for the particular location.
Generally, a screening period of 5 workdays should be sufficient.
(2) The property selected for the screening sessions should be set
aside in separate areas and properly identified by the holding activity
to facilitate screening sessions.
(3) GSA or State agency representatives should be present during all
screening sessions.
(4) The State agency representatives shall prepare SF 123, Transfer
Order Surplus Personal Property (illustrated at 101-44.4901-123), at
the site on a daily basis for the property selected. Upon approval by
the GSA representative, the holding activity shall release the property.
Processing of donation documents shall be expedited to ensure that the
property is removed at the end of each daily session to the maximum
extent possible. Property shall not be released until the transfer is
approved by the GSA representative, except in emergency situations as
determined by GSA.
(5) When onsite screening is conducted on a continuing day-to-day
basis under procedures previously agreed to in writing by GSA, the
holding agency, and the State agency concerned, the presence of
authorized GSA or State agency representatives is not required.
Arrangements may provide for processing the essential donation documents
after the onsite screening and removal of the property.
(53 FR 16110, May 5, 1988)
41 CFR 101-44.110 Transfer orders for surplus personal property.
All transfers of surplus personal property to the State agencies for
donation for authorized purposes to public agencies and eligible
nonprofit tax-exempt activities, to service educational activities, and
to public airports shall be accomplished by use of Standard Form (SF)
123, Transfer Order for Surplus Personal Property, and SF 123-A,
Transfer Order-Surplus Personal Property (Continuation Sheet). The
original and five copies of SF 123 shall be forwarded to the appropriate
GSA regional office for approval, and an informational copy shall be
sent to the holding activity.
(45 FR 56808, Aug. 26, 1980)
41 CFR 101-44.111 Preparation and processing of transfer orders.
Applications for transfer shall be prepared and processed in
accordance with the instructions illustrated at 101-44.4901-123-1.
41 CFR 101-44.112 Approval or disapproval of transfer orders.
(a) Surplus property shall not be released by a holding activity for
donation until it has received an SF 123 bearing the signed approval of
the appropriate GSA official. In approving the SF 123, GSA regional
offices will comply with the sequence established in 101-44.109. An SF
123 which is not fully or properly prepared may be returned to the
applicant or held in suspense until the required information is made
available. In those cases in which property is specifically requested
for the purpose of cannibalization, the following statement shall be
included on the SF 123: ''Item(s) XXX requested for cannibalization.''
Cannibalization requests may be approved when it is clear that
disassembly of the item for use of its component parts will provide
greater potential benefit than use of the item in its existing form.
Upon the request of a GSA regional office, the State agency (or the
donee in the case of property donated under the provisions of subparts
101-44.4 or 101-44.5) shall submit any additional information required
to support and justify a donation application. The SF 123 will not
automatically be held to the end of the screening period, but will be
approved and distributed as expeditiously as possible. An SF 123
received after the end of the donation screening period may be approved
if the property is still available, and the holding activity has agreed
to set the property aside pending receipt of donation approval.
(b) An SF 123 may be disapproved, in whole or in part, when it is
determined that it is in the public interest to do so, when there is a
substantive defect in the order, when the property is not surplus, or
when a transfer of the property to a Federal agency is pending. The
applicant and the holding activity will be informed in writing why the
SF 123 was disapproved. When a donation transfer is disapproved because
of a pending Federal transfer and the transfer is not completed
subsequently, the applicant will be advised to resubmit SF 123.
(42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16111, May 5, 1988)
41 CFR 101-44.113 Rejection of property approved for transfer.
When a State agency or donee determines prior to pickup or shipment
that property approved for transfer cannot be utilized, it shall so
notify, through appropriate channels, the GSA regional office which
approved the transfer, and the property will be released by GSA for
other disposal. The GSA regional office may advise any other State
agency known to be interested in the property of its possible
availability and may approve a transfer request for donation purposes
provided the holding activity agrees to retain the property pending the
approval.
41 CFR 101-44.114 Pickup or shipment.
(a) Surplus property requested and set aside for donation will be
retained by the holding agency for a maximum period of 42 calendar days
from the surplus release date, pending receipt of the approved SF 123
and firm instructions for pickup or shipment of the property. At the
end of this period, the holding activity may proceed with the sale or
other authorized disposal of the property if the approved SF 123 and
pickup or shipping instructions have not been received.
(b) Upon receipt of the approved SF 123 and instructions for pickup
or shipment, the holding activity shall promptly notify the transferee
or his designated agent of the availability of the property The
transferee or his agent shall remove the property within 15 calendar
days from the date of notification of availability by the holding
activity.
(c) The transferee is responsible for removing the property or for
making arrangements with common carriers for its shipment. Property
disposal officers or other representatives of holding activities shall
not act as the agent or shipper for transferees in this regard.
(42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16111, May 5, 1988)
41 CFR 101-44.115 Overages and shortages.
(a) Overages. When a State agency, service educational activity
(SEA), or public airport finds that it has received surplus property in
excess of that listed on an approved SF 123, and the estimated fair
market value or acquisition cost of the line items involved is less than
$500, it shall annotate its receiving and inventory records to document
the overage. The annotation must include a description of the property,
its estimated condition, the estimated fair market value (or acquisition
cost if known), and the name of the holding activity from which the
property was received. If property having an estimated fair market
value or acquisition cost of $500 or more is received, it shall be
listed on an SF 123, and the SF 123 sent to the GSA regional office for
approval. In the case of property received by a public airport, the SF
123 shall be forwarded to GSA through the Federal Aviation
Administration (FAA).
(b) Shortages. When it is found that line items or portions of line
items of property approved on an SF 123 were not received, and the total
acquisition cost of the line items involved is less than $300, the State
agency, SEA, or public airport shall annotate its receiving and
inventory records to document the shortage. The annotation must include
a description of each line item of property, the acquisition cost, and
the name of the holding activity. If the total acquisition cost is $300
or more, a shortage report must be prepared and submitted to the GSA
regional office for the region in which the holding activity is located.
A copy of this report shall be sent to the holding activity. Shortage
reports covering property approved for donation to a public airport
should be forwarded to the GSA regional office through FAA.
(c) Information. Overages and shortages shall be reported, where
required, within 90 calendar days of the date of transfer. The shortage
report, or the SF 123 in the case of overages of $500 or more, shall be
signed by the responsible State agency or donee representative and shall
provide the following information.
(1) Name and address of the holding activity;
(2) All pertinent control numbers including the holding activity
turn-in document number, the GSA control number if property was reported
to GSA, and the State agency or donee transfer order number; and
(3) A description of each line item of property, whether it is a
shortage or an overage, the condition code (estimated if an overage),
the quantity and unit of issue, and the unit and total acquisition cost
(estimated if an overage).
(53 FR 16111, May 5, 1988)
41 CFR 101-44.116 Certification of screeners.
(a) All State agency and donee representatives wishing to visit
Federal activities for the purpose of screening and selecting surplus
personal property for donation in accordance with subparts 101-44.2,
101-44.4, and 101-44.5 must be authorized and certified by GSA.
Requests for certification of donee screeners shall be submitted to GSA
by the appropriate State agency for the purposes of subpart 101-44.2 by
the Department of Defense (DOD) for the purposes of subpart 101-44.4,
and by the Federal Aviation Administration (FAA) for the purposes of
subpart 101-44.5.
(b) The agency recommending the designation of a donee screener shall
prepare a request to inform GSA of the proposed designation and forward
it for evaluation and approval to the GSA regional office serving the
region in which the intended screener is located. (See 101-43.4802 for
regional offices, addresses, and assigned areas.) The request shall
state the name and address of the State agency or donee activity the
prospective screener represents, and certify that the applicant is
qualified to screen as an authorized representative of the cited
organization. A list of the Federal installations the screener will be
authorized to visit shall accompany each request. The list of Federal
installations should be limited to those within the applicable State,
except where there are particular reasons why State agency screeners or
donee screeners should regularly visit installations outside the State.
Special requests for State agency or donee screeners to visit
installations outside the State or region on a regular or one-time basis
may be authorized by the GSA regional offices involved. The
recommending agency shall select qualified screeners representing public
agencies and other eligible donee organizations within the State in
order to expedite the movement of surplus property and enhance the
opportunities of those public agencies and organizations to identify and
select needed and useful items of property. GSA will give special
consideration to requests of individual donees submitted through
recommending agencies for allocation of specific items of property.
(c) Recommending agencies shall accompany each request for
certification of a donee screener with GSA Form 2946, Screener's
Identification (illustrated at 101-43.4902-2946). GSA Forms 2946 must
contain the typed names of the screener's organization and sponsoring
agency, the signature and type name of the proposed screener, an affixed
passport-style photograph of the screener, and the signature of the
sponsoring agency official.
(d) In order to avoid proliferation of screeners, the GSA regional
office will review requests for donee screening authorizations to ensure
that the number of screeners requested by each designated activity is
reasonable in relationship to the scope of the donee's program and that
the screeners are qualified to perform this service. Following review,
the GSA regional office, if the request is approved will complete the
GSA Form 2946 and return it to the recommending agency for issuance to
the screener. Each GSA regional office will control the activities of
donee screeners at Federal installations within its region. The
regional office may screeners' vists or require a reduction in their
number when it becomes evident that the volume of surplus personal
property at an installation does not warrant the level of screening
activity or that a proliferation of screeners is affecting adversely the
installation's property disposal activity. All GSA Forms 2946 shall be
recovered by the recommending agency upon expiration or termination of
the screener's authorization and shall be forwarded to the validating
GSA office for cancellation.
(e) Each State agency or other donee representative physically
screening property at holding installations for the purpose of selecting
property for donation shall possess a GSA Form 2946 validated by GSA as
provided in this 101-44.116. However, representatives visiting holding
activities in order to participate in onsite screenings in accordance
with 101-44.109, or for the purpose of technical inspection,
evaluation, and/or removal of specific property previously set aside or
approved by GSA for donation, shall not be required to possess a GSA
Form 2946.
(42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16112, May 5, 1988)
41 CFR 101-44.117 Recovery of property for Federal use.
Occasionally, Federal agencies may develop on an exigency basis
requirements for personal property items derived from surplus sources in
the possession of a State agency. The State agency should cooperate
with GSA in the recovery of property to fulfill Federal needs. The
transfer will be subject to payment by the acquiring agency of the costs
of care and handling, including transportation that were incurred by the
State agency initially acquiring this property.
41 CFR 101-44.118 Nondiscrimination.
All transfers of surplus property to the State agencies for donation
to public agencies and eligible nonprofit tax-exempt activities, to
service educational activities, and to public airports are conditioned
on full compliance with GSA regulations on nondiscrimination as set
forth in subpart 101-6.2 and part 101-8.
(53 FR 16112, May 5, 1988)
101-44.119 (Reserved)
41 CFR 101-44.118 Subpart 101-44.2 -- Donations to Public Agencies and Eligible Nonprofit Tax-Exempt Activities
41 CFR 101-44.200 Scope of subpart.
This subpart prescribes the authorities, responsibilities, policies
and methods governing the donation of surplus personal property within
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands to eligible recipients as established in
101-44.207.
(53 FR 16112, May 5, 1988)
41 CFR 101-44.201 Authority.
(a) Section 203(j)(1) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 484) (hereinafter called the
act), gives the Administrator of General Services discretionary power to
prescribe the necessary regulations for, and to execute, the surplus
property donation program. This authority empowers the Administrator to
transfer executive agency controlled surplus property to the agency of
each State government designated under State law to be responsible for
all property transferred in accordance with this subpart and subpart
101-44.4.
(b) The property which may be transferred for donation includes all
personal property which has been determined to be donable as defined in
101-44.001-3.
(53 FR 16112, May 5, 1988)
41 CFR 101-44.202 State agency plan of operation.
Section 203(j)(4) of the act provides that State agencies shall be
established and operated in accordance with detailed plans developed
according to State law and conforming with provisions of the act. A
State must have its plan of operation approved by the Administrator
before it may have property transferred to it. The plan must assure
that the State agency has the necessary organizational and operational
authority and capability, including staff, facilities, means and methods
of financing, and procedures with respect to: Accountability, internal
and external audits, cooperative agreements, compliance and utilization
reviews, equitable distribution and property disposal, determination of
eligibility, and assistance through consultation with advisory bodies
and public and private groups.
(a) State action. The State plan of operation shall be developed by
the State legislature, certified by the chief executive officer of the
State, and submitted to the Administrator for acceptance.
(b) General notice. In accordance with the act no plan of operation
and no major amendment thereof shall be filed with the Administrator
until 60 calendar days after general notice of the proposed plan has
been published, and interested persons have been given at least 30
calendar days during which to submit comments. In developing and
implementing the plan the State shall take into consideration the
relative needs and resources of all public agencies and other eligible
institutions within the State. Assurance shall be provided in the State
plan that such public notice and such time for public comment was
provided prior to submission of the plan and that such consideration of
relative needs and resources of all donees in the State was given in the
preparation of the plan.
(c) Specific assurances. A State plan for the establishment and
operation of a State agency for surplus property distribution to
eligible donees shall provide the following information and assurances.
(A State may include in its plan other provisions not inconsistent with
the purposes of the act and the requirements of this part 101-44):
(1) Authority. The chief executive officer of the State shall submit
the State plan of operation to the Administrator as follows:
(i) The chief executive officer shall submit the plan and certify
that the State agency is authorized thereby to acquire, warehouse, and
distribute surplus property to all eligible donees in the State, to
enter into cooperative agreements pursuant to the provisions of
101-44.206, and to undertake other actions and provide other assurances
as are set forth in the plan of operation; and
(ii) Copies of existing State statutes and/or executive orders
relative to the operational authority of the State agency shall
accompany the State plan. Where express statutory authority does not
exist or is ambiguous, or where authority exists by virtue of executive
order, the State plan shall include also the opinion of the State's
Attorney General regarding the existence of such authority.
(2) Designation of State agency. The plan shall designate a State
agency which will be responsible for administering the plan throughout
the State. The plan shall describe the responsibilities vested in the
agency and shall provide details concerning the organization of the
agency, including supervision, staffing, structure, and physical
facilities. The plan shall also indicate the organizational status of
the agency within the State governmental structure and the title of the
State official who directly supervises the State agent.
(3) Inventory control and accounting systems. The State plan shall
require the State agency to use a management control and accounting
system that will effectively govern the utilization, inventory control,
accountability, and disposal of donable surplus property. The plan
shall set forth the details of the inventory control and accounting
system which will be used by the State agency.
(4) Return of donated property. The State plan shall require and set
forth procedures for donees to return donable property to the State
agency if such property while still usable, as determined by the State
agency, has not been placed in use for the purposes for which it was
donated within 1 year of donation or ceases to be used by the donee for
such purposes within 1 year of being placed in use.
(5) Financing and service charges. The State plan shall set forth
the means and methods by which the State agency will be financed. When
the State agency is authorized to assess and collect service charges
from participating donees to cover direct and reasonable indirect costs
of its activities, the method of establishing the charges shall be set
forth in the plan. The charges shall be fair and equitable and based on
services performed by the State agency, including but not limited to
screening, packing, crating, removal, and transportation. When the
State agency provides minimal services in connection with the
acquisition of property, except for document processing and other
administrative actions, the charge levied by the State agency shall be
minimal. The State plan shall provide for minimal charges to be
assessed in such cases and include the bases of computation. When
property is made available to nonprofit providers of assistance to
homeless individuals, the State plan shall provide for this property to
be distributed at a nominal cost for care and handling of the property.
The plan of operation shall set forth how funds accumulated from service
charges, or from other sources such as sales or compliance proceeds, are
to be used for the operation of the State agency and the benefit of
participating donees. Service charge funds may be used to cover direct
and indirect costs of the State agency's operation, to purchase
necessary equipment, and to maintain a reasonable working capital
reserve. Such funds may be deposited or invested as permitted by State
law, provided the plan of operation sets forth the types of depositories
and/or investments contemplated. Service charge funds may be used for
rehabilitating donable surplus property, including the purchase of
replacement parts. Subject to State authority and the plan of
operation, the State agency may expend service charge funds to acquire
or improve office or distribution center facilities. When such
acquisition or improvements are contemplated, the plan shall set forth
what disposition is to be made of any financial assets realized upon the
sale or other disposal of the facilities. When refunds of service
charges in excess of the State agency's working capital reserve are to
be made to participating donees, the plan shall so state and provide
details of how such refunds are to be made, such as a reduction in
service charges or a cash refund, prorated in an equitable manner.
(6) Terms and conditions on donable property. The State plan shall
require the State agency to impose terms, conditions, reservations, and
restrictions on the donee in the case of any item of property having a
unit acquisition cost of $5,000 or more and any passenger motor vehicle.
The specific terms, conditions, reservations, and restrictions which
the State agency requires shall be set forth in the plan. In addition,
the State plan shall provide that the State agency may impose reasonable
terms, conditions, reservations, and restrictions on the use of donable
property other than items with a unit acquisition cost of $5,000 or more
and passenger motor vehicles. Any such additional terms, conditions,
reservations, and restrictions which the State agency elects to impose
should be set forth in the plan. The State agency may amend, modify, or
release such terms, conditions, reservations, or restrictions subject to
the provisions of 101-44.208(g), provided it sets forth in the plan the
standards by which the State agency will grant any such amendments,
modifications or releases. The State plan also shall provide assurance
that the State agency will impose on the donation of a surplus item or
items, regardless of unit acquisition cost, such conditions involving
special handling or use limitations as the Administrator may determine
necessary because of the characteristics of the property, pursuant to
101-44.108.
(7) Nonutilized donable property. The State plan shall provide that
donable surplus property in the possession of the State agency which
cannot be utilized by donees in the State shall be disposed of:
(i) Subject to the disapproval of the Administrator within 30 days
after notice to him, through transfer by the State agency to another
State agency or through abandonment or destruction where the property
has no commercial value or the estimated cost of its continued care and
handling would exceed the estimated proceeds from sale (Transfers of
nonutilized donable property and destruction or abandonment shall be
accomplished by the State agency in accordance with the provisions of
101-44.205); or
(ii) Otherwise, under such terms and conditions and in such a manner
as may be prescribed by the Administrator pursuant to the provisions of
101-44.205.
(8) Fair and equitable distribution. The State agency is responsible
for the fair and equitable distribution of surplus personal property
through donation to all eligible donees in the State. The State plan
shall provide for distribution based on the relative needs and resources
of public agencies and other eligible institutions and their abilities
to utilize the property. The State plan shall set forth the policies
and detailed procedures for effecting a prompt, fair, and equitable
distribution. The State plan shall also require that the State agency,
insofar as practicable, select property requested by a public agency or
other eligible institution and, when so requested by the recipient,
arrange for shipment of the property direct to the recipient.
(9) Eligibility The State plan shall set forth procedures for the
State agency to determine the eligibility of applicants for the donation
of surplus personal property. Standard and guidelines for the
determination of eligibility are provided in 101-44.207.
(10) Compliance and utilization. The State agency shall effect
utilization reviews for compliance by donees with the terms, conditions,
reservations, and restrictions imposed by the State agency for any item
of property having a unit acquisition cost of $5,000 or more and any
passenger motor vehicle. Such reviews also shall include a review of
compliance by the donees with any special handling conditions or use
limitations imposed on items of property by the Administrator, pursuant
to 101-44.108. The State plan shall set forth the provisions for and
the proposed frequency of such reviews and shall provide adequate
assurances that effective action shall be taken by the State agency to
correct noncompliance or otherwise enforce such terms, conditions,
reservations, and restrictions. Reports on utilization reviews and
compliance actions shall be prepared by the State agency. The State
plan shall provide adequate assurance that the State agency shall
initiate appropriate investigations of alleged fraud in the acquisition
of donated property or misuse of such property. The State agency shall
immediately notify the Federal Bureau of Investigation (FBI) and GSA of
any case involving alleged fraud. Further, GSA shall be advised of any
misuse of donated property. The State agency shall assist GSA or other
responsible Federal or State agencies in investigating such cases upon
request.
(11) Consultation with advisory bodies and public and private groups.
The State plan shall provide for consultation by the State agency with
advisory bodies and public and private groups which can assist the State
agency in determining the relative needs and resources of donees, the
proposed utilization of donable property by eligible donees, and how
distribution of donable property can be effected to fill existing needs
of donees. Details of how the State agency will accomplish such
consultation shall be set forth in the plan.
(12) Audit. The State plan shall provide for periodic internal
audits of the operations and financial affairs of the State agency and
compliance with the external audit requirements of Office of Management
and Budget Circular No. A-128 ''Audits of State and Local
Governments.'' The State agency must provide the appropriate GSA
regional office with two copies of any audit report made pursuant to the
Circular, or with copies of those sections that pertain to the Federal
donation program. An outline of the corrective actions which the State
agency will take to comply with any exceptions or violations indicated
by the audit, and the scheduled completion dates for these actions, must
be submitted with the audit report. Periodically, GSA representatives
may visit the State agency to coordinate program activities and review
the State agency operations. GSA may, for appropriate reasons, conduct
its own audit of the State agency following due notice to the chief
executive officer of the State of the reasons for such audit. Financial
records and all other books and records of the State agency shall be
made available for inspection by representatives of GSA, the General
Accounting Office, or other authorized Federal activities.
(13) Cooperative agreements. Section 203(n) of the act authorizes
the Administrator (or the head of any Federal agency designated by him)
to enter into cooperative agreements with State surplus property
distribution agencies. The provisions of section 203(n) and the
implementing regulations are set forth in 101-44.206. A State agency
desiring to enter into such cooperative agreements or to renew or revise
existing agreements shall affirm its intentions in the State plan and
cite the authority called for in 101-44.202(c)(1).
(14) Liquidation. The State plan shall provide for the submission of
a liquidation plan to the Administrator when a determination is made to
liquidate the State agency. The liquidation plan shall be submitted
before the actual termination of the State agency activities and shall
include:
(i) Reasons for the liquidation;
(ii) A schedule for liquidating the agency and the estimated date of
termination;
(iii) Method of disposing of surplus property on hand, consistent
with the provisions of 101-44.205;
(iv) Method of disposing of the agency's physical and financial
assets;
(v) Retention of all available books and records of the State agency
for a 2-year period following liquidation; and
(vi) Designation of another governmental entity to serve as the
agency's successor in function until continuing obligations on property
donated prior to the closing of the agency are fulfilled.
(15) Forms. Copies of distribution documents used by the State
agency shall be included in the State plan.
(16) Records. The State plan shall provide for the retention of
official records of the State agency for a period of not less than 3
years, provided that in cases involving property subject to restrictions
for more than 2 years, records shall be kept 1 year beyond the specified
period of restriction. In cases in which property is in compliance
status at the end of the period of restriction, the State plan shall
provide for the retention of the records for at least 1 year after the
case is closed.
(d) Implementation. (1) A State plan of operation developed by the
State legislature and certified by the chief executive officer of the
State shall be in effect and binding upon the State beginning with the
date that the Administrator notifies the chief executive officer of the
State that the plan conforms to the provisions of section 203(j)(4) of
the act and the requirements of this part 101-44 and that allocation and
transfer of donable surplus property to the State agency will commence.
Such plan of operation shall remain in effect until such time as the
Administrator may accept revisions.
(2) GSA may, from time to time, propose modifications or amendments
to the provisions of this part 101-44. In such cases, reasonable
opportunity will, insofar as practicable, be afforded the State agencies
to conform to any such regulatory changes affecting their operations.
(e) Nonconformance. When the Administrator determines that a State
plan does not conform to the requirements of the act or the provisions
of this part 101-44, or subsequently that the State agency does not
operate in accordance with the provisions of the plan, allocation and
transfer of surplus donable property may be withheld until the
nonconformance is corrected.
(42 FR 56003, Oct. 20, 1977; 42 FR 61043, Dec. 1, 1977, as amended
at 53 FR 11612, May 5, 1988; 53 FR 47197, Nov. 22, 1988)
41 CFR 101-44.203 Allocation of donable property.
Allocation of donable property will be made by GSA on a fair and
equitable basis. The following criteria will be applied by GSA in
effecting allocation and transfer of surplus personal property among the
States:
(a) Need and usability of property as reflected in selections of
property by a State agency, including expressions of need and interest
on the part of public agencies or other eligible donees within the
State, transmitted through the State agency to GSA. Special
consideration will be given by GSA to requests transmitted through the
State agency by eligible donees for specific items of property.
(b) Regions or States in greatest need of the type of property to be
allocated, where a particular and important need is evidenced by a
justification accompanying the expression of need.
(c) Extraordinary needs occasioned by disasters.
(d) The quantity of property of the type under consideration which
was previously allocated to or is potentially available to a State
agency from a more advantageous source.
(e) Performance of a State agency in effecting timely pickup or
removal of property allocated to the State and approved for transfer by
GSA.
(f) Performance of a State agency in effecting prompt distribution of
property to eligible donees.
(g) Equitable distribution based on the existing condition as well as
the original acquisition cost of the property available for donation.
(h) Equitable distribution based on the ratio of population and per
capita income of each State.
41 CFR 101-44.204 Certification and agreement by a State agency.
(a) Certification. A State agency, in making a request to GSA for
the transfer of donable surplus personal property, shall certify that:
(1) It is the agency of the State designated under State law, and as
such has legal authority within the meaning of section 203(j) of the act
and GSA regulations, to receive surplus property for distribution within
the State to eligible donees within the meaning of the act and GSA
regulation;
(2) The property is usable and needed by a public agency for one or
more public purposes, such as conservation, economic development,
education, parks and recreation, public health, public safety, and
programs for older individuals, by an eligible nonprofit organization or
institution which is exempt from taxation in the State under section 501
of the Internal Revenue Code of 1954, for the purpose of education or
public health (including research for any such purpose) or by an
eligible nonprofit tax-exempt activity for programs for older
individuals;
(3) When property is picked up by or shipped to a State agency, it
has available adequate funds, facilities, and personnel to effect
accountability, warehousing, proper maintenance, and distribution of the
property; and
(4) When property is distributed by a State agency to a donee, or
when delivery is made direct from a holding activity to a donee, the
donee acquiring the property is eligible within the meaning of the act
and GSA regulations, and that the property is usable and needed by the
donee.
(b) Agreement. With respect to donable property picked up by or
shipped to a State agency, the State agency shall agree to the
following;
(1) The right to possession only is granted and the State agency will
make prompt statewide distribution of the same, on a fair and equitable
basis, to donees eligible to acquire property under section 203(j) of
the act and GSA regulations, after such eligible donees have properly
executed the appropriate certifications and agreements established by
the State agency and/or GSA.
(2) Title to the property shall remain in the United States of
America although the State shall have taken possession thereof.
Conditional title to the property shall pass to the eligible donee when
the donee executes the certifications and appropriate agreements
required by the State agency and has taken possession of the property.
(3) The State agency shall:
(i) Pay promptly the cost of care, handling, and shipping incident to
taking possession of the property;
(ii) During the time that title remains in the United States of
America, be responsible as a bailee for mutual benefit for the property
from the time it is released to the State agency or to the
transportation agent designated by the State agency; and
(iii) In the event of any loss of or damage to any or all of the
property, file a claim and/or institute and prosecute to conclusion the
proceedings necessary to recover for the account of the United States of
America the fair market value of any of the property lost or damaged.
(4) Surplus property hereafter approved for transfer by GSA for
donation shall not be retained by the State agency for use in performing
its functions unless the use of such property is authorized by GSA in
accordance with the provisions of a cooperative agreement entered into
between the State agency and GSA.
(c) Interstate distribution. Where an applicant State agency is
acting under an interstate distribution agreement approved by GSA as an
agent and authorized representative of an adjacent State with which it
shares a common boundary the certifications and agreements required
above shall also be made by the applicant State agency respecting the
donees in the adjacent State to which distribution will be made and the
property to be distributed in the adjacent State, and these
certifications and agreements shall constitute the certifications and
agreements of the adjacent State on whose behalf and as whose authorized
representative the applicant State agency is acting.
(42 FR 56003, Oct. 20, 1977, as amended at 45 FR 56809, Aug. 26,
1980; 53 FR 16114, May 5, 1988)
41 CFR 101-44.205 Property in the possession of a State agency.
(a) Status. Title to all donable property located in a State agency
distribution center is vested in the United States of America. The
right to possession only is granted to the State agency. The State
agency may disassemble or cannibalize an item of donable property in its
possession when it determines that the usable parts and components
thereof have greater donation potential than that for which the complete
item was originally manufactured. The State agency may retain and use
surplus personal property in its possession for the purpose of
performing its functions pursuant to the provisions of 101-44.206.
(b) Protection. During the time title remains in the United States
of America the State agency shall:
(1) Be responsible as a bailee for mutual benefit for surplus
personal property transferred to it by GSA from the time it is released
to the State or to the transportation agent designated by the State, and
in the event of any loss of or damage to any or all of the property, the
State agency shall promptly notify GSA and file a claim and/or institute
and prosecute to conclusion the proceedings that are necessary to
recover, for the account of the United States of America, the fair
market value of any property lost or damaged, less the cost of care and
handling incurred by the State agency in acquiring the property;
(2) Maintain adequate provision for protecting property in its
custody including protection against the hazards of fire, theft,
vadalism, and weather; and
(3) Promptly notify appropriate law officials including the FBI and
GSA of any damage to or loss of property in its custody due to theft,
vandalism, arson, or other unusual circumstances and shall provide full
information concerning the circumstances. GSA shall be informed of any
other types of damages to or loss of property which is in the possession
of the State agency.
(c) Insurance. It is GSA policy not to require a State agency to
carry insurance as a condition for acquiring Federal surplus personal
property for distribution to eligible recipients. However, when a State
agency carries insurance against damage to or loss of property due to
fire or other hazards and when loss of or damage to Federal surplus
personal property occurs, GSA, on behalf of the United States of
America, will be entitled to reimbursement from the State agency of the
fair market value of the damaged or destroyed Federal property payable
from the insurance proceeds, less the State agency's actual cost of
acquiring and rehabilitating the property prior to its damage or
destruction.
(d) Distribution. Surplus personal property in the custody of a
State agency shall be distributed promptly to eligible donees within the
State.
(e) Direct shipment. In order to reduce inventory, warehousing, and
transportation costs and to ensure prompt utilization of donable surplus
property, the State agency shall, insofar as practicable, when requested
by the designated donee, arrange for or provide shipment of the property
from the Federal holding agency direct to the recipient.
(f) Transfer between States. When a State agency determines that
surplus personal property in its possession cannot be utilized by
eligible recipients within the State, its shall offer the property for
transfer to surplus property agencies in other States. GSA encourages
prompt transfer of property between the States. A State agency may
arrange for visits to its distribution facilities by representatives of
other State surplus property agencies to inspect and select unneeded
property available for transfer. GSA regional offices, upon request,
will assist in making known to other States unneeded property in one
State which is available for transfer and in arranging and coordinating
visits between State agencies. Transfers of property between States
will be accomplished by processing SF 123, Transfer Order Surplus
Personal Property, submitted by the requesting State through the GSA
regional office for the releasing State. Transfers of unneeded surplus
property between State agencies are subject to the disapproval of the
Administrator within 30 days after notice to him.
(g) Reporting unneeded property. A State agency at any time may
report unneeded usable property in its possession which is not required
for transfer to another State in the GSA regional office for
redistribution or disposal. In reporting property to GSA, the State
agency shall:
(1) Provide the best possible description of each line item of
property and its current condition code, quantity, and unit total
acquisition cost;
(2) Identify the date of receipt by the State agency of each line
item of property listed;
(3) Indicate those items which the State agency believes may be of
interest to Federal agencies; and
(4) Provide certification of reimbursement claimed for each line
item.
(h) Reutilization. Based on the information provided by the State
agency, the GSA regional office may offer available property for
recovery by Federal agencies. Any transfer order for that property will
be approved by GSA and forwarded to the releasing State agency for
appropriate action.
(i) Disposal. Sale of undistributed property in the possession of a
State agency will be initiated by the GSA regional office in accordance
with the provisions of part 101-45. The GSA regional office will inform
the State agency of the items to be sold and will work closely with the
State agency in the preparation and prompt completion of the sale.
Property available for sale may be turned in by a State agency to a GSA
property or sales center with the approval of the GSA regional office
which operates the center.
(j) Reimbursement. Reimbursement for costs of care and handling to a
State agency with respect to the transfer or disposal of donable
property in its possession will be authorized by GSA as follows:
(1) When a State agency acquires donable property by transfer from
another State agency, reimbursement of costs incurred by the releasing
State agency in acquiring the property, including packing, handling, and
transportation costs, shall be established by mutual agreement between
the two State agencies.
(2) When a Federal activity requests property from a State agency,
costs incurred by the State agency in acquiring the property, including
packing, handling, and transportation costs, shall be reimbursable at
the time the property is transferred to the Federal activity. The SF
122 used in effecting the transfer must show the amount of reimbursement
claimed by the releasing State agency.
(3) When donable property in the possession of a State agency is
required for disaster assistance, reimbursement to the State agency will
be governed by the provisions of 101-44.105.
(4) When disposing of undistributed property in the possession of a
State agency by public sale, GSA may authorize reimbursement to the
State agency for expenses related to care and handling incurred by the
State agency in acquiring the property from within or outside the United
States. Certification by the State agency of costs incurred is required
and must be supported by documentation if requested by GSA.
Reimbursement must not exceed the proceeds from the sale of the
property. No reimbursement may be made to the State agency for actions
subsequent to the receipt of property by the State agency from any
source, including unloading, moving, repairing, preserving, or storing.
Reimbursement will not be authorized by GSA for property acquired from
any source if the property has been in the possession of the State
agency for a period of 2 years from the date it was received by the
State agency until the date it was reported to GSA for disposal. Costs
of transporting property to a location outside a State agency
distribution facility are not reimbursable unless transportation was
specifically required by GSA. The sale of property at a location
outside the State distribution facility, however, does not preclude
authorized reimbursement to the State agency. Reimbursement is limited
to:
(i) Direct costs incurred by the Federal holding agency and billed to
and paid by the State agency, including but not limited to packing,
preparation for shipment, and loading; and
(ii) Transportation costs paid or otherwise incurred by the State
agency and not reimbursed by a donee to the State agency for initially
moving the property from the Federal holding agency to the State agency
distribution facility or other point of receipt designated by the State
agency.
(k) Abandonment or destruction. When a GSA regional office finds
that a State agency has property in its possession that is unusable, the
State agency may be instructed to proceed promptly with the abandonment
or destruction of such property in accordance with the findings and the
processes prescribed in subpart 101-45.9.
(42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16114, May 5, 1988)
41 CFR 101-44.206 Cooperative agreements.
This section provides policies and procedures for the establishment
of cooperative agreements between GSA (or the head of any Federal agency
designated by the Administrator of General Services) and a State agency
for the use of property, facilities, personnel, and services, with or
without payment or reimbursement and under the provisions of a
cooperative agreement, for the use by the State agency of any surplus
personal property in its possession subject to conditions imposed by the
Administrator.
(a) Authority. Section 203(n) of the Federal Property and
Administrative Services Act of 1949, as amended, provides that the
Administrator (or the head of any Federal agency designated by him), for
the purpose of carrying into effect the provisions of section 203(j) of
the act, is authorized to enter into cooperative agreements with State
surplus property distribution agencies designated in conformity with
that section.
(b) Use of property, facilities, personnel, and services. (1) GSA
may enter into a cooperative agreement with a State agency to furnish to
the State agency available property, facilities, personnel, or services
of GSA that are found by GSA and the State agency to be necessary and
useful in assisting the State agency to distribute and use surplus
donable personel property and otherwise to carry out the purposes of the
act. Assistance may include furnishing Federal Telecommunications
System (FTS) service on a reimbursable basis. It may also include
furnishing available office space and related support such as office
furniture and typewriters in GSA regional offices, property centers, or
field offices to State agency screeners or administrative clerical
employees to assist them in screening and processing donable property
for donation. Assistance will be provided by GSA, to the extent
possible, without reimbursement; however, any extraordinary costs
incurred by GSA in providing assistance shall be on a reimbursable
basis.
(2) GSA may enter into a cooperative agreement with a State agency
for the purpose of the State agency furnishing available property,
facilities, personnel, or services that are found by GSA and the State
agency to be necessary and useful in assisting GSA to screen, transfer,
and allocate surplus donable personal property and otherwise to carry
out the purposes of the act. The provision of property, facilities,
personnel, or services may be with or without payment or reimbursement
to the State agency.
(3) When a Federal agency designated by GSA wishes to enter into a
cooperative agreement with a State agency (or a State agency with a
Federal agency) for the provision of property, facilities, personnel, or
services to carry into effect the donation provisions of the act, and
the Federal agency and the State agency are mutually agreeable to an
arrangement, GSA may concur in the establishment of a cooperative
agreement and assist in its development. Payment or reimbursement shall
be a matter for resolution between the Federal agency and the State
agency.
(c) Use of surplus property by a State agency. A State agency may
enter into a cooperative agreement with GSA providing for the retention
by the State agency of items of surplus personal property transferred to
it for distribution that are needed for the State agency in performing
its donation functions. The State agency shall submit a listing of
needed property from time to time to the appropriate GSA regional
office. GSA will review the list to ensure that it is of the type and
quantity of property which is reasonably needed and useful to the State
agency in performing its function. Unless GSA disapproves the retention
of the property within 30 days of receipt of the listing, title to the
property shall vest in the State agency. Separate records shall be
maintained by the State agency for the property.
(d) Interstate cooperative distribution agreements. GSA may concur
in a cooperative agreement between two States which have contiguous
boundaries whereby one State agency agrees to disbribute donable surplus
property to certain specified donees in the adjoining State. Agreements
may be considered when the donees, because of their geographic proximity
to the property distribution centers of the adjoining State, could be
more efficiently and economically serviced than by their own State
surplus property facilities. The payment or reimbursement of service
charges by the donee shall be a matter for the mutual agreement between
the State agencies. By entering into an interstate cooperative
distribution agreement, the State agreeing to service donees in an
adjoining State shall agree, as agent for the adjoining State agency,
to:
(1) Make certifications and agreements required by 101-44.204; and
(2) Require the donee to execute the distribution of documents of the
State agency in which the donee is located. Copies of distribution
documents shall be forwarded to the adjoining State agency.
(e) Termination of agreements. Cooperative agreements entered into
between GSA and a State agency may be terminated by either party upon 60
days written notice to the other party. Termination of an agreement
between a Federal agency designated by GSA and a State agency, and
interstate cooperative distribution agreements, shall be as mutually
agreed to by the parties.
(42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16115, May 5, 1988)
41 CFR 101-44.207 Eligibility.
This section sets forth the standards, guidelines, and procedures for
determination of eligibility for public agencies and eligible nonprofit
tax-exempt activities in each State to participate in the surplus
personal property donation program, to receive surplus property through
a State agency, and to use this property for the purposes authorized by
the Federal Property and Administrative Services Act of 1949, as
amended, and by section 213 of the Older Americans Act of 1965, as
amended (42 U.S.C. 3020d).
(a) Definitions. For the purposes of this section, the following
terms shall have the meanings set forth in this section:
(1) Accredited means approval by a recognized accrediting board or
association on a regional, State, or national level, such as a State
board of education or health; the American Hospital Association; a
regional or national accrediting association for universities, colleges,
or secondary schools; or another recognized accrediting association.
(2) Approved means recognition and approval by the State department
of education, State department of health, or other appropriate authority
where no recognized accrediting board, association, or other authority
exists for the purpose of making an accreditation. For an educational
institution or an educational program, approval must relate to academic
or instructional standards established by the appropriate authority. An
educational institution or program may be considered approved if its
instruction and credits therefor are accepted by three accredited or
State-approved institutions, or if it meets the academic or
instructional standards prescribed for public schools in the State;
i.e., the organizational entity or program is devoted primarily to
approved academic, vocational (including technical or occupational), or
professional study and instruction, which operates primarily for
educational purposes on a full-time basis for a minimum school year as
prescribed by the State and employs a full-time staff of qualified
instructors. For a public health institution or program, approval must
relate to the medical requirements and standards for the professional
and technical services of the institution established by the appropriate
authority. A health institution or program may be considered as
approved when a State body having authority under law to establish
standards and requirements for public health institutions renders
approval thereto whether by accreditation procedures or by licensing or
such other method prescribed by State law. In the absence of an
official State approving authority for a public health institution or
program or educational institution or program, the awarding of research
grants to the institution or organization by a recognized authority such
as the National Institutes of Health, the National Institute of
Education, or by similar national advisory council or organization may
constitute approval of the institution or program provided all other
criteria are met.
(3) Child care center means a public or nonprofit facility where
educational, social, health, and nutritional services are provided to
children through age 14 or as prescribed by State law, and which is
approved or licensed by the State or other appropriate authority as a
child day care center or child care center.
(4) Clinic means an approved public or nonprofit facility organized
and operated for the primary purpose of providing outpatient public
health services and includes customary related services such as
laboratories and treatment rooms.
(5) College means an approved or accredited public or nonprofit
institution of higher learning offering organized study courses and
credits leading to a baccalaureate of higher degree.
(6) Conservation means a program or programs carried out or promoted
by a public agency for public purposes involving directly or indirectly
the protection, maintenance, development, and restoration of the natural
resources of a given political area. These resources include but are
not limited to the air; land; forests; water; rivers; streams;
lakes and ponds; minerals; and animals, fish and other wildlife.
(7) Economic development means a program or programs carried out or
promoted by a public agency for public purposes which involve directly
or indirectly efforts to improve the opportunities of a given political
area for the successful establishment or expansion of industrial,
commercial, or agricultural plants or facilities and which otherwise
assist in the creation of long-term employment opportunities in the area
or primarily benefit the unemployed or those with low incomes.
(8) Education means a program or programs to develop and promote the
training, general knowledge, or academic, technical, and vocational
skills and cultural attainments of individuals in a community or other
given political area. These programs may be conducted by schools,
including preschool activities and child care centers, colleges,
universities, schools for the mentally retarded or physically
handicapped, educational radio and television stations, libraries, or
museums. Public educational programs may include public school systems
and supporting facilities such as centralized administrative or service
facilities.
(9) Educational institution means an approved, accredited, or
licensed public or nonprofit institution, facility, entity, or
organization conducting educational programs, including research for any
such programs, such as a child care center, school, college, university,
school for the mentally retarded, school for the physically handicapped,
or an educational radio or television station.
(10) Educational radio station means a radio station licensed by the
Federal Communications Commission and operated exclusively for
noncommercial educational purposes and which is public or nonprofit and
tax exempt under section 501 of the Internal Revenue Code of 1954.
(11) Educational television station means a television station
licensed by the Federal Communications Commission and operated
exclusively for noncommercial educational purposes and which is public
or nonprofit and tax exempt under section 501 of the Internal Revenue
Code of 1954.
(12) Health center means an approved public or nonprofit facility
utilized by a health unit for the provision of public health services,
including related facilities such as diagnostic and laboratory
facilities and clinics.
(12.1) Homeless individual means an individual who lacks a fixed,
regular, and adequate nighttime residence, or who has a primary
nighttime residence that is: (i) A supervised publicly or privately
operated shelter designed to provide temporary living accommodations
(including welfare hotels, congregate shelters, and transitional housing
for the mentally ill); (ii) an institution that provides a temporary
residence for individuals intended to be institutionalized; or (iii) a
public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings. For purposes of this
regulation, the term does not include any individual imprisoned or
otherwise detained pursuant to an Act of the Congress or a State law.
(13) Hospital means an approved or accredited public or nonprofit
institution providing public health services primarily for inpatient
medical or surgical care of the sick and injured and includes related
facilities such as laboratories, outpatient departments, training
facilities, and staff offices.
(14) Library means a public or nonprofit facility providing library
services free to all residents of a community, district, State, or
region.
(14.1) Licensed means recognition and approval by the appropriate
State or local authority approving institutions or programs in
specialized areas. Licensing generally relates to established minimum
public standards of safety, sanitation, staffing, and equipment as they
relate to the construction, maintenance, and operation of a health or
educational facility, rather than to the academic, instructional, or
medical standards for these institutions. Licensing may be required for
educational or public health programs such as occupational training,
physical or mental health rehabilitation services, or nursing care.
Licenses frequently must be renewed at periodic intervals.
(15) Medical institution means an approved, accredited, or licensed
public or nonprofit institution, facility, entity, or organization the
primary function of which is the furnishing of public health and medical
services to the public at large or promoting public health through the
conduct of research for any such purposes, experiments, training, or
demonstrations related to cause, prevention, and methods of diagnosis
and treatment of diseases and injuries. The term includes but is not
limited to hospitals, clinics, alcohol and drug abuse treatment centers,
public health or treatment centers, research and health centers,
geriatric centers, laboratories, medical schools, dental schools,
nursing schools, and similar institutions. The term does not include
institutions primarily engaged in domiciliary care although a separate
medical facility within such a domiciliary institution may qualify as a
''medical institution.''
(16) Museum means a public or private nonprofit institution which is
organized on a permanent basis essentially for educational or esthetic
purposes and which, using a professional staff, owns or uses tangible
objects, whether animate or inanimate; cares for these objects; and
exhibits them to the public on a regular basis either free or at a
nominal charge. As used in this section, the term ''museum'' includes,
but is not limited to, the following institutions if they satisfy all
other provisions of this section: Aquariums and zoological parks;
botanical gardens and arboretums; museums relating to art, history,
natural history, science, and technology; and planetariums. For the
purposes of this section, an institution uses a professional staff if it
employs full time at least one qualified staff member who devotes his or
her time primarily to the acquisition, care, or public exhibition of
objects owned or used by the institution. This definition of museum
does not include any institution which exhibits objects to the public if
the display or use of the objects is only incidential to the primary
function of the institution. For example, an institution which is
engaged primarily in the sale of antiques, objets d'art, or other
artifacts and which incidentally provides displays to the public of
animate or inanimate objects, either free or at a nominal charge, does
not qualify as a museum.
(17) Nonprofit tax-exempt activity means an institution or
organization, no part of the net earnings of which inures or may
lawfully inure to the benefit of any private shareholder or individual,
and which has been held to be tax-exempt under the provisions of section
501 of the Internal Revenue Code of 1954.
(18) Park and recreation means a program or programs carried out or
promoted by a public agency for public purposes which involve directly
or indirectly the acquisition, development, improvement, maintenance,
and protection of park and recreational facilities for the residents of
a given political area. These facilities include but are not limited to
parks, playgrounds and athletic fields, swimming pools, golf courses,
nature facilities, and nature trails.
(18.1) Provider of assistance to homeless individuals means a public
agency or a nonprofit, tax-exempt institution or organization that
operates a program which provides assistance such as food, shelter, or
other services to homeless individuals, as defined in paragraph
(a)(12.1) of this section. Property acquired through the donation
program by such institutions or organizations must be used exclusively
in their program(s) for providing assistance to homeless individuals.
(19) Public health means a program or programs to promote, maintain,
and conserve the public's health by providing health services to
individuals and/or by conducting research, investigations, examinations,
training, and demonstrations. Public health services may include but
are not limited to the control of communicable diseases, immunization,
maternal and child health programs, sanitary engineering, sewage
treatment and disposal, sanitation inspection and supervision, water
purification and distribution, air pollution control, garbage and trash
disposal, and the control and elimination of disease-carrying animals
and insects.
(20) Public health institution means an approved, accredited, or
licensed public or nonprofit institution, facility, entity, or
organization conducting a public health program or programs such as a
hospital, clinic, health center, or medical institution, including
research for any such program, the services of which are available to
the public at large.
(21) Public safety means a program or programs carried out or
promoted by a public agency for public purposes involving, directly or
indirectly, the protection, safety, law enforcement activities, and
criminal justice system of a given political area. Public safety
programs may include but are not limited to those carried out by public
police departments, sheriffs' offices, the courts, penal and
correctional institutions and including juvenile facilities, State and
civil defense organizations, and fire departments and rescue squads
including volunteer fire departments and rescue squads supported in
whole or in part with public funds.
(22) Public purpose means a program or programs carried out by a
public agency which are legally authorized in accordance with the laws
of the State or political subdivision thereof and for which public funds
may be expended. Public purposes include but are not limited to
programs such as conservation, economic development, education, parks
and recreation, public health, and public safety.
(23) School (except schools for the mentally retarded and schools for
the physically handicapped) means a public or nonprofit approved or
accredited organizational entity devoted primarily to approved academic,
vocational, or professional study and instruction, which operates
primarily for educational purposes on a full-time basis for a minimum
school year and employs a full-time staff of qualified instructors.
(24) School for the mentally retarded means a facility or institution
operated primarily to provide specialized instruction to students of
limited mental capacity. It must be public on nonprofit and must
operate on a full-time basis for the equivalent of a minimum school year
prescribed for public school instruction of the mentally retarded, have
a staff of qualified instructors, and demonstrate that the facility
meets the health and safety standards of the State or local governmental
body.
(25) School for the physically handicapped means a school organized
primarily to provide specialized instruction to students whose physical
handicaps necessitate individual or group instruction. The schools must
be public or nonprofit and operate on a full-time basis for the
equivalent of a minimum school year prescribed for public school
instruction for the physically handicapped, have a staff of qualified
instructors, and demonstrate that the facility meets the health and
safety standards of the State or local governmental body.
(26) University means a public or nonprofit approved or accredited
institution for instruction and study in the higher branches of learning
and empowered to confer degrees in special departments or colleges.
(27) Programs for older individuals means any State or local
government agency or any nonprofit tax-exempt activity which receives
funds appropriated for programs for older individuals under the Older
Americans Act of 1965, as amended, under title IV or title XX of the
Social Security Act, or under titles VIII and X of the Economic
Opportunity Act of 1964 and the Community Services Block Grant Act.
(b) Eligibility of public agencies -- (1) Public agency. Surplus
personal property may be donated through the State agency to any public
agency in the State. A public agency, as defined in 101-44.001-10,
includes any:
(i) State or department, agency, or instrumentality thereof;
(ii) Political subdivision of the State, including any unit of local
government or economic development district, or any department, agency,
or instrumentality thereof;
(iii) Instrumentality created by compact or other agreement between
States or political subdivisions;
(iv) Multijurisdictional sub-State districts established by or
pursuant to State law; and
(v) Indian tribe, band, pueblo, or community located on a State
reservation.
(2) Public purpose. Surplus personal property acquired through the
State agency must be used by the public agency to carry out or to
promote for the residents of a given political area one or more public
purposes. While the act lists certain specific public purposes such as
conservation, economic development, education, parks and recreation,
public health, and public safety, this enumeration is not exclusive and
is not intended to preclude the acquisition of donable surplus personal
property by a public agency for other public purposes. In effecting
fair and equitable distribution of property, based on the relative needs
and resources of interested public agencies and other authorized donees
and their ability to use the property, it is intended that the State
agency give full and fair consideration to the requirements of public
agencies for property necessary and usable for conservation, economic
development, education, parks and recreation, public health and public
safety, and other public purposes. Each public program is conducted by
designated departments, agencies, or other instrumentalities of the
State and/or local governments in carrying out either specific or
diverse functions, with, in some cases, overlapping jurisdiction.
Activities and functions involved in designated public programs may
include but are not limited to the following:
(i) Conservation. State and local agencies and districts may be
involved mutually in carrying out programs to conserve natural
resources. Indian tribes or communities located on a State reservation
may also be involved in conservation projects as well as other public
programs such as economic development.
(ii) Economic development. Programs designed to develop the economy
by establishing or expanding industry, commerce, or agriculture in a
given geographic area and may include the economic development districts
and other activities of public agencies involved in activities such as
municipal water and sewage departments operating sewage systems and
waste treatment plants; State or local street or highway departments
involved in construction or improvement of roads; port authorities and
public airport commissions involved in harbor and public airport
development; public transit authorities providing public
transportation; environmental and antipollution programs of municipal,
county, or State agencies; and State and local agencies involved in
tourism development.
(iii) Education. Public schools, colleges, and universities are
directly involved in the educational process. Special schools for the
physically handicapped or the mentally retarded, as well as vocational
and trade schools and educational radio and television stations, are
among the educational institutions which directly contribute to the
educational development of a district, town, city, county, or other
governmental jurisdiction. Child care centers not only provide
education benefits but also may promote economic development and public
safety. Central administrative and service facilities of public school
systems are equally necessary to successfully carry out and improve
public education. Public libraries and museums also provide an
essential educational and cultural service to a community.
(iv) Park and recreation. Agencies of the State, counties, cities,
and other instrumentalities of local government are directly involved in
the acquisition, development, improvement, and maintenance of public
parks and other recreational facilities which benefit the general
public. Public parks, playgrounds, swimming pools, and golf courses are
some of the many public facilities which not only provide recreational
benefits but also promote economic development, conservation, and public
health.
(v) Public health. Public health services are directly provided by
hospitals, clinics, health centers, and other designated medical
institutions. Public agencies also provide broad public health benefits
with regard to activities such as the control of communicable diseases,
immunization, public health nursing, maternal and child health programs,
classes in health education and nutrition, and other health programs.
These activities may be carried on in a clinic or subsidiary center in a
community, in a person's home, in a school, or in a private business
office of plant. Other vital programs carried on by State, county, or
local health departments or other designated agencies directly protect
public health and safety as well as promote economic development. These
programs may include inspection of meat, food, and water; control and
elimination of disease-carrying animals or insects by fogging, spraying,
or other methods; water purification and water distribution systems;
sewage treatment and disposal systems; garbage and trash disposal; and
sanitary landfill facilities. These types of public health functions or
services contribute directly to the general health and well being of the
geographical area served, and public agencies may acquire surplus
property to support these programs.
(vi) Public safety. Public safety includes not only law enforcement
agencies but agencies involved in the prevention, control, and treatment
of alcohol and drug abuse; agencies which provide services to children
such as child care centers and activities serving neglected, dependent,
abused, and delinquent children; and agencies and courts within the
criminal justice system. Equally essential to public safety are State
and local civil defense agencies and local fire departments and rescue
squads. The availability of fire and rescue equipment at public
airports is another illustration of an equally vital public safety
requirement.
(vii) Programs for older individuals. State or local government
agencies which receive funds appropriated for older individuals under
the Older Americans Act of 1965, as amended, under title IV or title XX
of the Social Security Act, or under titles VIII or X of the Economic
Opportunity Act of 1964 and the Community Services Block Grant Act are
eligible to receive surplus property through donation. Programs for
older individuals include services that are necessary for the general
welfare of older individuals, such as social services, transportation
services, nutrition services, legal services, and multipurpose senior
centers.
(c) Eligibility of nonprofit tax-exempt activities. Surplus personal
property may be donated through the State agency to nonprofit tax-exempt
activities, as defined in this section, within the State, such as:
(1) Medical institutions;
(2) Hospitals;
(3) Clinics;
(4) Health centers;
(5) Providers of assistance to homeless individuals;
(6) Schools;
(7) Colleges;
(8) Universities;
(9) Schools for the mentally retarded;
(10) Schools for the physically handicapped;
(11) Child care centers;
(12) Radio and television stations licensed by the Federal
Communications Commission as educational radio or educational television
stations;
(13) Museums attended by the public;
(14) Libraries, serving free all residents of a community, district,
State or region; or
(15) Organizations or institutions that receive funds appropriated
for programs for older individuals under the Older Americans Act of
1965, as amended, under title IV and title XX of the Social Security
Act, or under titles VIII and X of the Economic Opportunity Act of 1964
and the Community Services Block Grant Act. Programs for older
individuals include services that are necessary for the general welfare
of older individuals, such as social services, transportation services,
nutrition services, legal services, and multipurpose senior centers.
(d) Educational and public health purposes. Surplus personal
property acquired through the State agency must be used by a nonprofit
educational or public health institution or organization for purposes of
education or public health as defined in this section, including
research for any such purpose. While this does not preclude the use of
donated property by an eligible nonprofit educational or public health
institution or organization for a related or subsidiary purpose incident
to the institution's overall program, the property must be used
essentially for the primary educational or public health function for
which the activity receives donable property and not for a nonrelated or
commercial purpose. The enumeration of institutions and organizations
in 101-44.207(c) is descriptive and not exclusive and is not intended
to preclude determinations by the State agency of eligibility for other
nonprofit educational and public activities. These activities may
include but are not limited to:
(1) Geriatric centers which are public health institutions and which
furnish public health and medical services to the aged;
(2) Nursing homes which are public health institutions providing
skilled nursing care and related medical services to individuals
admitted because of illness, disease, or physical or mental infirmity.
(A nursing home may be considered as a qualified public health
institution if it is either a:
(i) Nursing home operated in connection with a hospital;
(ii) Facility for long-term care of convalescents, chronic disease
patients, or other persons who require skilled nursing care and related
medical services in which the nursing care and medical services are
prescribed by or are performed under the general direction of persons
licensed to practice medicine or surgery in the State; or
(iii) Nursing home certified to provide health services to medicaid
or medicare patients under the provisions of the Social Security Act.
(Nursing homes which do not meet these requirements or the primary
purpose of which is domiciliary care will not be considered as
qualifying as public health institutions); and
(3) Alcohol and drug abuse treatment centers which are clinics or
medical institutions and which provide for the diagnosis, treatment, and
rehabilitation of alcoholics and drug addicts. These centers should
have available professional medical staffs on a regular visiting basis.
(e) Determinations of eligibility. The State agency is responsible
for determining that an applicant is eligible as a public agency or a
nonprofit educational or public health institution or organization to
participate in the program and receive donations of surplus personal
property.
(f) Application for eligibility. Each State agency shall maintain a
complete and current record for each eligible donee. This record shall
include the following:
(1) Application. The application shall set forth the:
(i) Legal name and the address of the applicant;
(ii) Status of the applicant as a public agency or as an eligible
nonprofit tax-exempt activity (evidence shall be included in the file
that the applicant is a public agency or has been determined to be
nonprofit and tax-exempt under section 501 of the Internal Revenue Code
of 1954);
(iii) Details concerning the applicant's public program activities
or, whenit is an eligible nonprofit tax-exempt activity, the specific
programs and facilities operated by the applicant (Sufficient details
and specifics should be available so that the State agency can determine
the program eligibility qualifications of the applicant, including any
of those activities defined in 101-44.207(a).); and
(iv) Evidence that the applicant is approved, accredited, or
licensed, when it is a requirement of one or more of the applicant's
programs, or certification of funding when the applicant is a nonprofit
tax-exempt activity that conducts programs for older individuals.
(2) Authorization. A written authorization signed by the chief
administrative officer or executive head of the donee activity, or a
resolution by the governing board or body of the donee activity, which
shall designate one or more representatives to act for the applicant
acquiring donable property from the State agency, to obligate any
necessary funds of the applicant for this purpose, and to execute the
State agency distribution document including terms, conditions,
reservations, and restrictions that the State agency or GSA may
establish on the use and disposal of the property.
(3) Assurance. Necessary assurances that the applicant will comply
with GSA regulations on nondiscrimination as set forth in subpart
101-6.2 and part 101-8 must be provided in the format prescribed by GSA.
(g) Needs and resources. In order that the State agency in
distributing property can give fair and equitable consideration to the
relative needs and resources of the donees within the State and their
ability to use the property, the State agency may require each
applicant, when submitting an application for eligibility determination,
to provide a statement on the types and kinds of equipment, vehicles,
machines, or other items of property needed by the applicant for use in
the applicant's particular public programs, or, in the case of eligible
nonprofit tax-exempt activities, the authorized programs to be served by
the use of the equipment and the scope of these programs. The State
agency may also request any financial information needed to evaluate the
relative financial needs and resources of the applicant.
(h) Maintaining eligibility. The State agency shall update donee
eligibility records as required to ensure continuing eligibility.
Records for public agencies and nonprofit tax-exempt donees must be
updated on a continuing basis, as frequently as necessary, to ensure
that all documentation required to justify the donee's eligibility is
current and accurate. Particular care must be taken to ensure that the
donee resolution is current and that the statement of designated
representatives contained therein is correct. When an eligible donee
ceases to operate or when it loses its license, accreditation, or
approval or otherwise fails to maintain its eligibility status, the
State agency shall terminate its distribution of property to the
activity.
(i) Conditional eligibility. In certain cases, newly organized
activities may not have commenced operations or completed construction
of their facilities, or may not yet have been approved, accredited, or
licensed as may be required to qualify as eligible donees. In other
cases, there may be no specific authority which can approve, accredit,
or license the applicant as required for qualification. In these cases,
the State agency may accept letters from public authorities, either
local or State, which the State agency deems competent (such as a board
of health or a board of education) stating that the applicant otherwise
meets the standards prescribed for approved, accredited or licensed
institutions and organizations. In the case of educational activities,
letters from three accredited or approved institutions that students
from the applicant institution have been and are being accepted may be
deemed sufficient by the State agency. In the case of public health
institutions or organizations, licensing may be accepted by the State
agency as evidence of approval in States where there is no authority
which can as a legal or as a policy matter, approve hospitals, clinics,
health centers, or medical institutions, provided the licensing
authority prescribes the medical requirements and standards for the
professional and technical services of the institution. If the
construction of an applicant's facility or physical plant has not been
completed, the State agency, after evaluating the progress and potential
of the applicant, may at its discretion make available surplus items of
property which can be immediately utilized at this point in the
applicant's program. Under no circumstances shall conditional
eligibility be granted to a potentially eligible nonprofit tax-exempt
applicant before the State agency has received from the applicant a copy
of a letter of determination by the Internal Revenue Service stating
that the applicant is exempt from Federal taxation under section 501 of
the Internal Revenue Code of 1954.
(42 FR 56003, Oct. 20, 1977, as amended at 43 FR 38009, Aug. 25,
1978; 45 FR 56809, Aug. 26, 1980; 53 FR 16115, May 5, 1988; 53 FR
47197, Nov. 22, 1988)
41 CFR 101-44.208 Property distributed to donees.
(a) Distribution document. Donation of surplus personal property
shall be accomplished by the use of a prenumbered State agency
distribution document which shall include the:
(1) Certifications and agreements required of the donee by the State
agency, including an agreement to hold the Government harmless from any
or all debts, liabilities, judgments, costs, demands, suits, actions, or
claims of any nature arising from or incident to the donation of the
property, its use, or final disposition;
(2) Condition that the donee will return to the State agency, at its
own expense, any donated property that is not placed in use for the
purposes for which it was donated within 1 year of donation, or which
ceases to be used by the donee for those purposes within 1 year of being
placed in use, provided the property is still usable as determined by
the State agency or the donee agrees to make the property available for
retransfer or other disposal by the State agency;
(3) Terms, conditions, reservations, and restrictions, imposed by the
State agency as provided in the State plan of operation on the use of
any item of property having a unit acquisition cost of $5,000 or more
and any passenger motor vehicle;
(4) Terms, conditions, reservations, or restrictions imposed on any
other donated item by the State agency;
(5) Conditions imposed by GSA, if any, requiring special handling or
use limitations on donated property; and
(6) Period of restriction during which the donee must use the
property for the purpose for which it was acquired.
(b) Donation purpose. At the time donable surplus property is
acquired by a donee, the donee's authorized representative shall
indicate on the State agency's distribution document the primary purpose
for which the property is to be used. In the case of public agencies,
such usage could be for public purposes, such as conservation, economic
development, education, parks and recreation, public health, programs
for providing assistance to homeless individuals, public safety,
museums, State Indians, or programs for older individuals. When the
property is to be used for a combination of these purposes or for some
other public purpose, the distribution document shall so indicate. With
respect to nonprofit institutions or organizations, the purpose shall be
shown as education, public health, programs for providing assistance to
homeless individuals, museums, or programs for older individuals.
(c) Conditional title. Conditional title to surplus personal
property shall pass to an eligible donee when the donee has executed the
State agency distribution document and taken possession of the property.
(d) Utilization surveys. The State agency shall make utilization
surveys and reviews, as provided in the State plan of operation, to
ensure that donated property during the period of restriction is being
used by the donee for the purposes for which it was acquired.
(e) Compliance. The State agency shall take the necessary action to
correct any noncompliance involving the use of donated property or to
enforce the terms, conditions, reservations, and restrictions imposed on
the use of the property, either by the State agency or GSA.
Noncompliance may involve but not be limited to:
(1) Property not placed in use by the donee;
(2) Property no longer needed by the donee within the period of
restriction;
(3) Unauthorized use of property by the donee during the period of
restriction; or
(4) Unauthorized disposal of property by the donee during the period
of restriction.
(f) Enforcement of compliance. Enforcement of compliance during the
period of restriction may involve action by the State agency to:
(1) Place the property in proper use by the donee;
(2) Transfer the property to another donee having need and use
therefor;
(3) Return the property to the State agency for distribution to other
donees in the State or to another State agency having need and use
therefor;
(4) Transfer the property through GSA to a Federal agency;
(5) Sell the property;
(6) Recover the gross proceeds realized from the disposal or the fair
market value of the property, whichever is greater, when it is
impossible or impracticable to recover property disposed of improperly
during the period of restriction; and
(7) Recover the fair rental value if the property was used in an
unauthorized manner during the period of restriction.
(g) Coordination with GSA. In enforcing compliance with the terms
and conditions imposed on donated property, the State agency shall
coordinate with GSA before undertaking the sale of, or making demand for
payment of the fair market value or fair rental value of donated
property which:
(1) Is subject to any special handling condition or use limitation
imposed by GSA or
(2) Has not been placed into use by the donee, for the purposes for
which acquired, within 1 year of donation, or which has not been used
for these purposes for 1 year after being placed in use.
(h) Waivers. A State agency may amend, modify, or grant releases for
appropriate reasons from the terms, conditions, reservations, or
restrictions it has imposed on the use of donated property, provided
that it has set forth in the State plan of operation the standards by
which actions shall be taken by the State agency. Amendments,
corrections, or releases shall not be granted by the State agency,
however, with respect to:
(1) The requirement that usable property be returned by the donee to
the State agency if the property has not been placed in use for the
purposes for which it was donated within 1 year of donation or ceases to
be used by the donee for those purposes within 1 year of being placed in
use; except that the State agency may grant authority to the donee to
cannibalize or accomplish secondary utilization of property items
subject to this requirement when the State agency determines that such
action will result in increased utilization of the property and that the
proposed action meets the standards prescribed in the State plan of
operation with respect to amendments, modifications, or releases of the
terms and conditions imposed on donated property; or
(2) Any special handling condition or use limitation imposed by GSA
except with the prior approval of GSA.
(i) Disposition of recovered property. Personal property items
returned to a State agency by a donee shall be redistributed by the
State agency to other donees in the State or otherwise transferred or
disposed of in accordance with the provisions of the State plan of
operation if the property was returned (1) while subject to any special
handling condition or use limitation imposed by GSA or (2) because the
property had not been placed in use within 1 year of donation for the
purposes for which it was acquired, or not used for such purposes for 1
year after being placed in use. Personal property items returned by a
donee while subject to terms, conditions, reservations, or restrictions
imposed by the State agency may be redistributed, transferred, or
disposed of as determined by the State agency.
(j) Deposit of funds. Any funds, including the gross proceeds of
sale or the fair market value or the fair rental value of the property,
derived by the State agency from enforcement of compliance involving a
breach of any special handling condition or use limitation imposed on
donated property by GSA, or involving donated property which had not
been placed in use for the purposes for which it was acquired within 1
year of donation or not used for those purposes for 1 year after being
placed in use by the donee, shall be remitted promptly by the State
agency to GSA for deposit in the Treasury of the United States. The
remittance shall be accompanied by supporting documentation indicating
the source of the funds and essential background information. Funds
derived by the State agency from the compliance action involving any
term, condition, reservation, or restriction imposed on the donee by the
State agency and funds derived by the State agency from any amendment,
modification, or release thereof during the period of restriction may be
retained and used by the State agency as provided in its plan of
operation.
(k) Reimbursement to donees. (1) When a donee has used but no longer
has a need or use for donated property which is subject to any special
handling condition or use limitation imposed by GSA, and no breach of
the conditions or limitations has occurred, the donee may be reimbursed
on a prorated basis for the initial cost of repairs required to make the
item usable when the property is transferred to a Federal agency or sold
for the benefit and account of the United States of America.
(2) The State agency shall recommend for GSA approval the amount of
reimbursement to which the donee is entitled, taking into consideration
the benefit the donee has received from the use of the property and
making appropriate deductions therefor. In the case of sale,
reimbursement to a donee for any item of property shall not exceed the
proceeds of the sale of the item. Reimbursement for property to be
transferred to a Federal agency will be made a condition of the transfer
by GSA.
(42 FR 56003, Oct. 20, 1977, as amended at 45 FR 56810, Aug. 26,
1980; 53 FR 16116, May 5, 1988; 53 FR 47198, Nov. 22, 1988)
41 CFR 101-44.208 Subpart 101-44.3 -- Donations of Foreign Excess Personal Property
41 CFR 101-44.300 Scope of subpart.
This subpart prescribes the policies and methods governing the return
of foreign excess personal property to the United States for donation.
41 CFR 101-44.301 Holding agency responsibilities.
Prior to any sale, exchange, lease, or donation of medical materials
or supplies pursuant to the provisions of section 402 (a) or (b) of the
Federal Property and Administrative Services Act of 1949, as amended,
foreign excess personal property not required for further Federal use as
determined by GSA shall be made available by the holding agency for
selection and return to the United States for donation for the purposes
of subpart 101-44.2 and, with respect to property returned from
Department of Defense (DOD) activities, for the purposes of subpart
101-44.4. Any foreign excess personal property returned to the United
States which has been identified as having been processed, produced, or
donated by the American National Red Cross shall be made available for
donation to the American National Red Cross for charitable purposes in
accordance with subpart 101-44.6, unless otherwise directed by the
Administrator of General Services.
41 CFR 101-44.302 Donation screening.
(a) To locate and select donable property, onsite representatives of
State agencies duly accredited by GSA shall be permitted to screen
foreign excess personal property available for return to the United
States. Property not required for further Federal use, as determined by
GSA, shall be available for donation for a period of time of not less
than 10 calendar days unless otherwise agreed to by the holding agency
and GSA. To assist donation screening. GSA will provide State agency
representatives with available advance information concerning foreign
excess property to the maximum extent possible.
(b) Property returned to the United States for further Federal use
and thereafter determined surplus shall be made available for donation
by GSA for the purposes set forth in subpart 101-44.2 and, with respect
to property returned from DOD activities and then determined surplus,
for donation by GSA without priority for the purposes of subpart
101-44.4.
41 CFR 101-44.303 Donation approval.
(a) The Administrator of General Services is authorized to make
donations at his discretion for the purposes of this subpart.
(b) Standard Form (SF) 123, Transfer Order Surplus Personal Property
(see 101-44.4901-123), prepared in accordance with instructions (see
101-44.4901-123-1) and signed by a duly authorized official, shall be
forwarded to the appropriate GSA office for approval for property
covered by this subpart. An infomation copy shall be forwarded to the
holding activity.
(c) Unless otherwise authorized by GSA, personal property shall not
be released by the holding agency for donation pursuant to this subpart
until it has received SF 123 bearing the signed approval of the
appropriate GSA office.
41 CFR 101-44.304 Shipment.
The State agency representatives shall arrange for the shipment of
personal property approved for donation and allocated by GSA to State
agencies for distribution to eligible donees. Upon request, the holding
agency may provide packing, handling, crating, and transportation
services on a reimbursable basis.
41 CFR 101-44.305 Costs incurred incident to donation.
All transportation costs and other direct costs incurred incident to
donation, including packing, handling, and crating, shall be borne by
the State agency or the donee institution or organization receiving the
property, including any costs incurred and billed by GSA or the holding
agency. Care shall be exercised by the State agencies in the selection
of property to ensure that it is economical to return the items to the
United States for donation, giving full consideration to transportation
and accessorial costs.
41 CFR 101-44.306 Statistics and reports.
The Administrator of General Services will maintain data on the
acquisition cost of all personal property approved by GSA for donation
pursuant to this subpart and will report these data to the Congress
annually and at such other times as he may deem desirable.
41 CFR 101-44.306 Subpart 101-44.4 -- Donations to Service Educational Activities
41 CFR 101-44.400 General.
Section 203(j)(2) of the Federal Property and Administrative Services
Act of 1949, as amended (40 U.S.C. 484), provides that in the case of
surplus personal property under the control of the Department of
Defense, the Secretary of Defense shall determine whether the property
is usable and necessary for educational activities which are of special
interest to the armed services, such as maritime academies or military,
naval, Air Force, or Coast Guard preparatory schools. When the
Secretary determines that the property is usable and necessary for such
purposes, the Secretary shall alocate it for transfer by the
Administrator of General Services to the appropriate State agency for
distribution through donation to service educational activities. When
the Secretary determines that the property is not usable and necessary
for such purposes, the property may be donated in accordance with the
provisions of subpart 101-44.2.
41 CFR 101-44.401 Agency authority.
(a) Department of Defense (DOD). The Secretary of Defense or his
duly authorized representative shall:
(1) Determine the types and kinds of surplus personal property under
the control of DOD needed and usable for designated service educational
activities;
(2) Establish eligibility requirements for service educational
activities and make determinations of eligibility;
(3) Establish the conditions, including disposal requirements, for
participation in the donation program by written agreement with each
designated service educational activity;
(4) Allocate surplus personal property under the control of DOD on
the basis of need and utilization for transfer by GSA to service
educational activities; and
(5) Provide surveillance to determine and enforce compliance with the
conditions set forth in the service educational activities' donation
agreements and take appropriate enforcement action in the event of a
breach of the conditions of donation or failure to comply with the
conditions.
(b) General Services Administration. Donations of surplus personal
property to service educational activities require the prior approval of
GSA. Donations may be approved by the Administrator of General Services
at his discretion.
41 CFR 101-44.402 Application.
A service educational activity shall make application to GSA for
surplus personal property under the control of DOD using Standard Form
123, Transfer Order Surplus Personal Property. An SF 123 shall be
prepared and processed in accordance with 101-44.4901-123-1, and in the
case of aircraft in accordance with the provisions of 101-44.108-2. The
GSA regional office will send a copy of the approved SF 123 to the State
agency for the State in which the property is to be used by the
applicant service educational activity. Upon receipt of the approved SF
123 and release of the property to the service educational activity, the
property disposal officer for the military installation where the
property was located shall send an information copy of the shipment or
delivery document to the State agency evidencing the transfer of the
property to the service educational activity.
41 CFR 101-44.403 Disposal.
When donated property, except for property that requires
demilitarization, is no longer needed for use by the service educational
activity or ceases to be used, the service educational activity shall
report the property in writing to the State agency for the State in
which the property is located for possible transfer. When the State
agency does not require the property, it shall inform the service
educational activity in writing. The service educational activity shall
then request disposition advice, in writing, from the nearest Defense
Reutilization and Marketing Office (DRMO). The DRMO may accept the
property for disposal or advise the service educational activity to
otherwise dispose of the property in accordance with the provisions of
the service educational activity's donation agreement. Property which
requires demilitarization, such as aircraft, weapons, ammunition, and
explosives, shall be returned by the service educational activity, at
its expense, to the nearest Department of Defense disposal activity for
appropriate action, including possible donation. The military facility
shall accept the property.
(53 FR 16116, May 5, 1988)
41 CFR 101-44.404 Surveillance.
DOD shall provide GSA with copies of internal instructions, and
changes thereto, which outline the scope of its surveillance program for
the enforcement of compliance with the terms and conditions of transfer
established by DOD for surplus personal property donated to service
educational activities.
41 CFR 101-44.405 Reports.
In order for GSA to accumulate information as a basis for the
exercise of its discretionary authority to approve the donation of
surplus personal property, DOD shall make such reports on compliance
actions involving donations to service educational activities as may be
required from time to time by the Administrator of General Services.
41 CFR 101-44.405 Subpart 101-44.5 -- Donations to Public Airports
41 CFR 101-44.500 General.
Section 13(g) of the Surplus Property Act of 1944, as amended (50
U.S.C. App. 1622(g)), provides for the disposal of surplus personal
property, with the approval of the Administrator of General Services, as
determined by the Administrator of the Federal Aviation Administration
to be essential, suitable, or desirable for the development,
improvement, operation, or maintenance of a public airport.
41 CFR 101-44.501 Agency authority.
(a) Federal Aviation Administration. The Administrator of the
Federal Aviation Administration or his duly authorized representative
shall:
(1) Determine requirements for surplus personal property of any
State, political subdivision, municipality, or tax-supported institution
for public airport use;
(2) Prescribe the eligibility requirements for public airport
applicants and make determinations of eligibility;
(3) Determine whether available surplus personal property is
essential, suitable, or desirable to fulfill the immediate or
foreseeable future requirements for the development, improvement,
operation, or maintenance of a public airport; and
(4) Determine and enforce compliance with the terms and conditions
under which surplus personal property is transferred for public airport
use.
(b) General Services Administration. Donations of surplus personal
property for public airport purposes may be approved by the
Administrator of General Services, at his discretion. Subject to that
prior approval, surplus personal property determined essential,
suitable, or desirable for public airport use by the Federal Aviation
Administration (FAA) may be transferred direct to the specific public
airport applicant.
41 CFR 101-44.502 Application.
An applicant for surplus property to be used for public airport
purposes shall make application to GSA using Standard Form 123, Transfer
Order Surplus Personal Property, in accordance with 101-44.110 for
donation approval of surplus property determined by the Administrator of
the Federal Aviation Administration or his duly authorized
representative to be essential, suitable, or desirable for the
development, improvement, operation, or maintenance of a public airport,
or reasonably necessary to fulfill the immediate and foreseeable future
requirements of the applicant for the development, improvement,
operation, or maintenance of a public airport. Applications shall be
prepared in accordance with 101-44.111 and shall not require shipment
of unreasonably small quantities.
41 CFR 101-44.503 Surveillance.
FAA shall provide GSA with copies of internal instructions, and
changes thereto, which outline the scope of its surveillance program for
the enforcement of compliance with the terms and conditions of transfer
established by GSA for surplus personal property donated to public
airports.
41 CFR 101-44.504 Reports.
In order for GSA to accumulate information as a basis for the
exercise of its discretionary authority to approve the donation of
surplus personal property, FAA shall make such reports on compliance
actions involving donations to public airports as may be required from
time to time by the Administrator of General Services.
41 CFR 101-44.504 Subpart 101-44.6 -- Donations to the American National Red Cross
41 CFR 101-44.600 General.
Pursuant to section 203(1) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 484), as amended, personal property
which has been determined to be surplus property and which has been
identified as having been processed, produced, or donated by the
American National Red Cross shall, unless otherwise directed by the
Administrator of General Services, be made available for donation to the
Red Cross for charitable purposes.
41 CFR 101-44.601 Donation approval.
The donation of surplus property for which the Red Cross is the
eligible donee shall not require further GSA approval, unless the
property has an estimated value in excess of $500 or, in the case of
blood plasma, consists of a quantity in excess of 1,000 units. In those
instances in which the property to be donated exceeds the amounts
stated, the GSA Regional Administrator for the area in which the
property is located may approve the formal request submitted by the Red
Cross.
41 CFR 101-44.602 Cooperation of holding agencies.
Holding agencies shall cooperate with the Red Cross by informing the
National Headquarters, Attention: General Supply Office, 17th and D
Streets NW., Washington, DC 20006, of any surplus property in their
custody which meets the criteria in 101-44.600. By memorandum, letter,
or other means of communication, the holding agencies shall provide
information regarding suggested shipping facilities, quantity,
description, condition, and location of such property in their
inventories.
41 CFR 101-44.603 Action by the Red Cross.
(a) Upon receipt of information from the holding agency regarding the
availability of surplus personal property covered by this subpart, the
Red Cross may inspect the property or request it pursuant to 101-44.600
without inspection.
(b) The formal request and shipping instructions in duplicate shall
be prepared and transmitted by the Red Cross to the holding agency
activity having custody of the property within 20 calendar days from the
date of notification of information provided for in 101-44.602.
Shipping instructions shall include a list of all such surplus property
to be transferred and shall include reference to the date when
information on which the request is based was received by the Red Cross.
One copy of the request and shipping instructions shall be forwarded to
the GSA regional office for the area in which the property is located.
(c) When the property to be donated exceeds the quantities stated in
101-44.601, the Red Cross shall send three copies of the formal request
and shipping instructions to the designated GSA regional office for
approval. Upon approval, the GSA regional office will mail two approved
copies direct to the responsible activity of the holding agency.
41 CFR 101-44.604 Transfer by holding agency.
The holding agency shall transfer direct to the Red Cross, upon
receipt of the request and shipping instructions provided for in
101-44.603, all items of surplus property requested. One copy of the
request and shipping instructions shall be enclosed with the shipment or
attached to shipping documents. The shipments shall be made f.o.b.
installation, transportation charges collect.
41 CFR 101-44.605 Donable property determined unusable by the Red
Cross.
Property eligible for donation to the Red Cross which because of
deterioration or for other reasons the Red Cross declines in writing to
request as a donation, or as to which no action is taken by the Red
Cross within the 20 calendar day period prescribed in 101-44.603, shall
be disposed of as other surplus. When the Red Cross property is offered
for disposal, the disposal document shall provide for a certification to
the effect that all Red Cross labels or other Red Cross identifications
will be obliterated or removed from the property before use by the
recipient or transfer by him to other users.
41 CFR 101-44.605 Subpart 101-44.7 -- Donations of Property to Public Bodies
41 CFR 101-44.700 Scope of subpart.
This subpart prescribes the policies and methods governing the
disposition by executive agencies by donation to public bodies of
personal property which has no commercial value or of which the
estimated cost of continued care and handling would exceed the estimated
proceeds from its sale. This subpart does not apply to:
(a) Surplus personal property donated for the purposes of subparts
101-44.2, 101-44.4, and 101-44.5; or
(b) Controlled substances (as defined in 101-43.001-4) and combat
material (as defined in 101-43.001-2).
101-44.701 Findings justifying donation to public bodies.
41 CFR 101-44.701-1 General.
(a) Property shall not be donated to public bodies by an executive
agency unless it is affirmatively found in writing by a duly authorized
official of the agency either that:
(1) The property has no commercial value, or
(2) The estimated cost of its continued care and handling would
exceed the estimated proceeds from its sale.
(b) Findings shall not be made by any official directly accountable
for the property covered thereby.
41 CFR 101-44.701-2 Reviewing authority.
When a line item of the property to be disposed of under this subpart
101-44.7 by an executive agency at any one location at any one time had
an original cost (estimated if not known) of more than $1,000, findings
made under 101-44.701-1 shall be approved by a reviewing authority
before any disposal.
101-44.702 Donations to public bodies.
41 CFR 101-44.702-1 Authority to donate.
Any executive agency may donate property to public bodies in
accordance with 101-44.701-1.
41 CFR 101-44.702-2 Disposal costs.
Any public body receiving property from an executive agency pursuant
to this subpart shall pay the disposal costs incident to the donation
such as packing, preparation for shipment, demilitarization, loading,
and transportation to the donee.
41 CFR 101-44.702-3 Noncertified electronic products.
Whenever any item of the type defined under 101-43.307-8 is donated
to a public body in accordance with the provisions of this subpart, the
head of the agency authorized to make the donation shall be responsible
for the same safeguards, notifications, and certifications required by
101-44.108-10.
(53 FR 16117, May 5, 1988)
41 CFR 101-44.702-3 Subpart 101-44.8 -- (Reserved)
41 CFR 101-44.702-3 Subpart 101-44.9 -- Miscellaneous Statutes
41 CFR 101-44.900 Scope of subpart.
Property disposed of under the following statues is first subject to
the requirements of subparts 101-44.2, 101-44.4, and 101-44.5.
Disposals under these statutes do not require the approval of the
Administrator of General Services.
41 CFR 101-44.901 Condemned or obsolete material.
Pursuant to 10 U.S.C. 2572, the Secretary of a military department or
the Secretary of the Treasury (and the Secretary of Transportation with
regard to the functions of the Coast Guard transferred to him under Pub.
L. 89-670, approved October 15, 1966) may lend or give, without expense
to the United States, books, manuscripts, works of art, drawings, plans,
models, and condemned or obsolete combat material that are not needed by
that department to recipients specified in 10 U.S.C. 2572. However,
records of the Government as defined in 44 U.S.C. 3306 shall not be
disposed of under this 101-44.901.
41 CFR 101-44.902 Obsolete, condemned, or captured vessels.
Pursuant to 10 U.S.C. 7308, the Secretary of the Navy may transfer by
gift or otherwise, on terms prescribed by him and set forth in 10 U.S.C.
7308 (b) and (c), any obsolete or condemned vessel of the Navy or any
captured vessel in the possession of the Department of the Navy to
recipients specified in 10 U.S.C. 7308.
41 CFR 101-44.903 Obsolete naval material.
Pursuant to 10 U.S.C. 7541, the Secretary of the Navy may give
obsolete material not needed for naval purposes and may sell other
material that may be spared at a price representing its fair value to
the Boy Scouts of America for the sea scouts, the Naval Sea Cadet Corps
for the sea cadets, and the Young Marines of the Marine Corps League for
the young marines. The costs of transportation and delivery of material
given or sold shall be charged to the Boy Scouts of America, the Naval
Sea Cadets, or the Young Marines of the Marine Corps League, as
appropriate.
41 CFR 101-44.904 Obsolete material and articles of historic interest.
Pursuant to 10 U.S.C. 7545, the Secretary of the Navy may lend or
give, without expense to the United States, captured, condemned, or
obsolete ordnance material; books, manuscripts, works of art, drawings,
plans, and models; other condemned or obsolute material, trophies, and
flags; and other material of historic interest not needed by the
Department of the Navy to recipients specified in 10 U.S.C. 7545.
However, records of the Government as defined in 44 U.S.C. 3306 shall
not be disposed of under this 101-44.904.
41 CFR 101-44.905 Obsolete or other Coast Guard material.
Pursuant to 14 U.S.C. 641a, the Commandant of the Coast Guard may
dispose of, with or without charge, obsolete or other material not
needed for the Coast Guard to recipients specified in 14 U.S.C. 641a.
41 CFR 101-44.905 Subparts 101-44.10 -- 101-44.46 (Reserved)
41 CFR 101-44.905 Subpart 101-44.47 -- Reports
41 CFR 101-44.4701 Reports.
(a) An annual report of the donation of surplus personal property
shall be submitted by each Federal agency in duplicate to GSA within 60
calendar days after the close of each fiscal year, using Standard Form
121, Annual Report of Utilization and Diposal of Excess and Surplus
Personal Property. Interagency report control number 0015-GSA-AN has
been assigned to this reporting requirement. Section 101-43.4901-121
illustrates the SF 121, and 101-43.4901-121-1 provides instructions for
its use.
(b) The Administrator of General Services will submit by October 21,
1987, and annually thereafter, a report to the Congress that describes
each program that is administered by the agency to assist homeless
individuals and the number of homeless individuals served by each
program; impediments, including any statutory and regulatory
restrictions, to the use of these programs by homeless individuals; and
efforts made by GSA to increase the opportunities for homeless
individuals to obtain shelter, food, and supportive services.
(c) (Reserved)
(d) The Administrator of General Services will submit by April 30,
1991, and biennially thereafter, a report in duplicate to the President
of the U.S. Senate and to the Speaker of the U.S. House of
Representatives that covers the initial period from November 5, 1988,
and each succeeding biennial period and contains a full and independent
evaluation of the operation of programs for the donation of Federal
surplus personal property; statistical information on the amount of
excess personal property transferred to Federal agencies and provided to
grantees and non-Federal organizations and surplus personal property
approved for donation to the State agencies for surplus property and
donated to eligible non-Federal organizations during each succeeding
biennial period; and such recommendations as the Administrator
determines to be necessary or desirable. A copy of each report will be
simultaneously furnished to the Comptroller General of the United
States. The Comptroller General shall review and evaluate the report
and make any comments and recommendations to the Congress thereon, as he
deems necessary or desirable.
(e) Each State agency shall submit a report in duplicate to the
appropriate GSA regional office by the 25th day of the month following
the quarter being reported, using GSA Form 3040, State Agency Monthly
Donation Report of Surplus Personal Property. (The Office of Management
and Budget Approval Number 3090-0112 has been assigned to this form.)
Section 101-44.4902-3040 illustrates the GSA form and
101-44.4902-3040-1 provides instructions for its use.
(f) Each State agency shall make such additional reports to GSA as
may be required by the Administrator to carry out his discretionary
authority to transfer surplus personal property for donation and to
report to the Congress on the status and progress of the donation
program.
(42 FR 56003, Oct. 20, 1977, as amended at 53 FR 16117, May 5, 1988;
53 FR 47198, Nov. 22, 1988; 54 FR 38676, Sept. 20, 1989)
41 CFR 101-44.4701 Subpart 101-44.48 -- (Reserved)
41 CFR 101-44.4701 Subpart 101-44.49 -- Illustrations of Forms
41 CFR 101-44.4900 Scope of subpart.
This subpart illustrates forms prescribed or available for use in
connection with subject matter covered in this part 101-44.
41 CFR 101-44.4901 Standard forms.
(a) Standard forms are illustrated in this section to show their
text, format and arrangement and to provide a ready source of reference.
The subsection numbers in this section correspond with the Standard
form numbers.
(b) The Standard forms illustrated in this 101-44.4901 may be
obtained by Federal activities by submitting a requisition in
FEDSTRIP/MILSTRIP format to the GSA regional office providing support to
the requesting activity. State agencies may obtain copies of these
forms from the U.S. Government Printing Office, Superintendent of
Documents, Washington, DC 20402.
101-44.4901-123 Standard Form 123, Transfer Order Surplus Personal
Property.
41 CFR 101-44.4901-123-A Standard Form 123-A, Transfer Order Surplus
Personal Property (Continuation sheet).
Note: The form illustrated in 101-44.4901-123-A is filed as part of
the original document.
41 CFR 101-44.4901-123-1 Instructions for preparing and processing
Standard Form 123.
(a) Preparing Standard Form 123 -- (1) General -- (i) The Standard
Form 123 must include all information specified on the form. Particular
care should be taken to ensure that the transfer order indicates the
surplus release date (SRD), sometimes referred to as the automatic
release date (ARD); identifies property as reportable or nonreportable;
shows applicable GSA, Department of Defense (DOD), and holding activity
control or report numbers; indicates the holding agency document or
voucher number for nonreportable property; and contains authorized
signatures in ink on the original (copies of transfer orders may have
stamped signatures). All other entries must be typed or printed. All
city and State addresses shown on the form should include the ZIP code.
Transfer orders received without sufficient information will be returned
to the applicant or held in suspense until the missing information is
obtained from the appropriate source. SF 123-A (Continuation sheet)
shall be used for listing any additional property.
(ii) Reportable property, nonreportable property and property located
at separate locations should not be requested on the same SF 123.
(iii) Recognized abbreviations for Federal agencies or donee
organizations may be used in completing SF 123; e.g., GSA (General
Services Administration); FAA (Federal Aviation Administration,
Department of Transportation); SA (State agency); BSA (Boy Scouts of
America); and DRMS (Defense Reutilization and Marketing Service).
(2) Adjustments and disapprovals. Any adjustment or partial
disapproval made for the property listed in block 12 shall be initialed
by the representative and/or officer signing in block 13b, 13d, 14b, or
14d. When a transfer order is disapproved in its entirety, the
representative or officer who disapproves the action will return the SF
123 to the applicant with an explanation of the disapproval. When a
line item is disapproved, it will be crossed out, marked
''disapproved,'' and initialed by the representative or officer making
the deletion.
(3) Entries -- (i) Order number(s) (block 1). Enter the State serial
number and/or transfer order and control numbers assigned by DOD, FAA,
or the donees. If the continuation sheet (SF 123-A) is used, it must
contain the same transfer order number(s).
(ii) Type of Order (block 2). Insert ''X'' in the appropriate square
to identify the type of order.
(iii) Surplus Release Date (block 3). Enter the surplus release
date, sometimes called the automatic release date, as follows:
(A) DOD Property Reported to DRMS Only. The correct date may be
obtained from DRMS or the holding activity.
(B) DOD Property Reported to GSA Through DRMS. The correct date may
be obtained from DRMS, GSA, or the holding activity.
(C) Executive Agency Property Reported Directly to GSA. The correct
date may be obtained from GSA or the holding agency.
(D) Property Not Reported to DRMS or GSA. The surplus release date
is assigned by the holding agency (property disposal officer) and must
be obtained therefrom. When nonreported property items with several
surplus release dates are listed, each date should follow the respective
line item and block 3 will not be completed.
(iv) Set-Aside Date (block 4). Enter the date on which nonreported
property was set aside at the holding agency by an authorized donee
representative, pursuant to 101-44.109. The insertion of a set-aside
date will indicate to the GSA office that the property is available as
surplus and that the holding agency has agreed to set the property aside
pending receipt of donation approval.
(v) Type of Property (block 5). Insert an ''X'' in the appropriate
square to identify the property as reportable or nonreportable to GSA.
An ''X'' shall not be inserted to identify the property as nonreportable
when any property listed is either reportable to GSA or had previously
been reported on SF 120, Report of Excess Personal Property, to GSA in
accordance with 101-43.311. Reportable property never loses its
identity.
(vi) Total Acquisition Cost (block 6). Enter the sum of all the
total costs shown under block 12(h) and on continuation sheets when
appropriate.
(vii) General Services Administration (block 7). Add the street
address, city, State, and ZIP code of the appropriate GSA office.
(viii) Location of Property (block 8). Insert the actual location of
the property, including if available the warehouse or building number,
street address, city, State, and ZIP code or other specific location of
the property listed in block 12.
(ix) Holding Agency (block 9). Enter the complete name and address
of the holding agency, including ZIP code; i.e., the executive agency
which has accountability and administrative control over the property.
It may or may not be the same as the property location.
(x) For GSA Use Only (block 10). The GSA regional office will enter
the appropriate codes in order to satisfy automated control reporting
requirements.
(xi) Pickup or Shipping Instructions (block 11). Insert the name,
address, including ZIP code, and telephone number of the State agency or
donee representative to be notified of property availability when the
property listed in block 12 is to be picked up. Enter shipping
instructions when the property listed in block 12 is to be shipped. The
applicant shall pay all transportation costs.
(xii) Surplus Property List (blocks 12 (a), (b), (c), (d), (e), (f),
(g), and (h)) -- (A) Line Item Number. Enter in block 12(a) the
identical number assigned to the line item on the document from which
the control numbers indicated in block 12(b) are selected.
(B) Identification Numbers. Enter in block 12(b) pertinent
identification numbers as follows:
(1) GSA control number. Military property reported to GSA through
DRMS and all civilian and military agency property reported directly to
GSA is assigned a GSA control number. The GSA control number may be
obtained from the appropriate GSA office. In all cases in which a GSA
control number is assigned, it must be entered on the SF 123.
(2) DOD excess report number. All excess property reported to DRMS
is assigned a DOD excess report number. For such property subsequently
reported to GSA, the DOD excess report number may be obtained from GSA
or the DRMO/holding activity. The DOD excess report number for DOD
property screened by DRMS but not reported to GSA for screening may be
obtained from DRMS or the DRMO/holding activity. In all cases in which
a DOD excess report number is assigned, it must be entered on the SF
123.
(3) Holding agency control number. The holding agency assigns a
control number for all reportable property. For nonreportable property,
the holding agency assigns a document or voucher number. This control
number can be made available by the holding agency, and in the case of
reported property, by GSA or DRMS (for DOD property), as appropriate.
(C) Description. Enter in block 12(c) the item description. Include
national stock number and noun name, if available. Otherwise, furnish
Federal supply class number and commercial description, when possible.
This space on the form may also be used to insert additional data
pertinent to the description of the property; e.g., serial numbers and
packaging information.
(D) Demilitarization Code. For munitions list items identified as
requiring demilitarization, enter in block 12(d) the one-letter
demilitarization code assigned to the property. This information is
available from the document on which the property was originally listed.
(E) Condition Code. Enter in block 12(e) the identical condition
code indicated for the line item on the document from which each item of
property listed in block 12(c) was selected. Condition codes are
illustrated at 101-43.4901-120-1.
(F) Quantity and Unit of Issue. Enter in block 12(f) the exact
quantity and unit of issue (each, inches, feet, pounds, tons, dozen,
gross, etc.) for each line item.
(G) Unit Acquisition Cost. Enter in block 12(g) for each line item
the acquisition cost of the unit of issue indicated in block 12(f).
This information is available from the document on which the property
was originally listed.
(H) Total Acquisition Cost. Enter in block 12(h) for each line item
the total acquisition cost of the quantity of unit of issue indicated in
block 12(f). Care should be taken to ensure that the multiplication of
the unit acquisition cost times quantity is correct.
(xiii) Transferee Action (blocks 13 a, b, c, d, and e) -- (A) State
agency. Enter in block 13a the name and address, including ZIP code, of
the State agency which is making the request for the property. The
authorized official of the State agency shall sign and enter his or her
title in block 13b, and show in block 13c the date of signature.
(B) Service educational activity. Enter in block 13a the name and
address of the school, club, or council specifically designated by the
service educational activity (SEA). Include the ZIP code and the county
in which the SEA is located. Enter in block 13b the title of the
authorized donee representative (an officer of the school, club, or
council authorized to request donable surplus property). The donee
representative shall sign in block 13b and enter the date in block 13c.
The head of the SEA (school or national headquarters) shall indicate
approval by signing in block 13d and entering the date of signature in
block 13e.
(C) Public airport. Enter in block 13a the name and address of the
public airport or the authorized State aeronautical agency which is
requesting the property. Include the ZIP code and the county in which
the public airport or State aeronautical agency is located. The
authorized official of the public airport or State aeronautical agency
or its designated representative shall sign and enter his or her title
in block 13b, and show in block 13c the date of signature.
(xiv) Administrative action -- (A) Determining Officer (DOD or FAA)
(blocks 14a, b, and c) -- (1) Department of Defense. For donation of
nonreportable surplus property to service educational activities, enter
in block 14a the name and address, including ZIP code, of the property
disposal officer (PDO) controlling the property. The PDO shall sign in
block 14b and enter the date in block 14c. The PDO shall not
authenticate SF 123 for donations for a State agency or a public
airport.
(2) Federal Aviation Administration. Enter in block 14a the name and
title of the appropriate FAA official. The official shall sign in block
14b and enter the date in block 14c.
(B) GSA Approving Officer (blocks 14d, e, and f). Enter in block 14d
the name and title of the GSA officer approving the order. The GSA
officer will sign in block 14e and enter the date in block 14f.
(b) Processing SF 123 -- (1) Public agencies and eligible nonprofit
tax-exempt activities. (i) Upon a determination that surplus property
is necessary and useful for public agencies and eligible nonprofit
tax-exempt activities, the State agency shall prepare and submit an
original and five copies of SF 123 to the appropriate GSA office and
shall send an information copy to the holding agency. The State agency
official shall sign in block 13b. When the location of the property is
different from that of the holding agency, an additional copy may be
sent to the location for informational purposes. Block 11, ''Pickup or
Shipping Instructions,'' shall be completed, as well as blocks 13b and
c.
(ii) At the time the property is determined surplus and approved for
transfer by GSA, the GSA office will complete the SF 123 in blocks 14d,
e, and f; retain one copy for the files; return two copies to the
State agency; and send the original and one copy directly to the
holding agency.
(iii) The holding agency upon receipt of the SF 123 shall release the
property for donation promptly in accordance with the pickup or shipping
instructions.
(2) Service educational activity -- (i) DOD property reported to
DRMS. (A) Transfer orders for property listed in DRMS excess listings
shall be initiated by a school or the national headquarters of the SEA
by transmitting an original and five copies of the SF 123 to its
authorized donee representative. The SF 123 shall be completed except
for block 13.
(B) The authorized donee representative shall complete blocks 13a, b,
and c and return the original and four copies to the national
headquarters if applicable. The fifth copy shall be retained by the
authorized donee representative.
(C) The head of the SEA (school or national headquarters) shall
indicate approval by signing block 13d of the SF 123 and entering the
date in block 13e. That activity shall then forward the original and
three copies of the SF 123 to DRMS, retaining the fourth copy for its
files.
(D) DRMS shall hold the SF 123 until it determines the property
excess to the needs of DOD. When the property is determined excess, the
SF 123 (the original and three copies), with a copy of the excess
report, shall be sent to the appropriate GSA regional office.
(E) At such time as the property is determined surplus and approved
for transfer by GSA, the GSA office will complete blocks 14d, e, and f;
retain one copy; send the original and one copy to the holding agency;
and send an informational copy to the State agency for the State in
which the SEA school, club, or council is located.
(F) The property disposal officer, upon receipt of the approved SF
123 from GSA, shall release the property to the authorized donee
representative in accordance with the pickup or shipping instructions
shown in block 11.
(ii) DOD property reported directly to GSA. (A) Transfer orders
shall be initiated by the authorized donee representative of the SEA by
preparing an original and five copies of SF 123. The authorized donee
representative shall complete blocks 13a, b, and c and send the original
and four copies to the national headquarters if applicable. The fifth
copy shall be retained by the authorized donee representative.
(B) The head of the SEA (school or national headquarters) shall
indicate approval by signing block 13d of the SF 123 and entering the
date in block 13e. That activity shall then forward the original and
three copies of the SF 123 to the GSA regional office for the region in
which the property is located, retaining the fourth copy for its files.
(C) At such time as the property is determined surplus and approved
for transfer by GSA, the GSA office will complete blocks 14d, e, and f;
retain one copy; send the original and one copy to the holding agency;
and send an informational copy to the State agency for the State in
which the SEA school, club, or council is located.
(D) The property disposal officer, upon receipt of the approved SF
123 from GSA, shall release the property to the authorized donee
representative in accordance with the pickup or shipping instructions
shown in block 11.
(iii) DOD property not reported to either DRMS or GSA. (A) Transfer
orders shall be initiated by the authorized donee representative of the
SEA by preparing an original and six copies of SF 123. The authorized
donee representative shall complete blocks 13a, b, and c. The original
and five copies shall be sent to the property disposal officer, who
shall complete blocks 14a, b, and c.
(B) The property disposal officer shall retain one copy of the SF 123
and return the original and four copies to the authorized donee
representative.
(C) The authorized donee representative shall send the original and
four copies of the SF 123 to the head of the SEA for approval if
applicable. The head of the SEA shall indicate approval by signing
block 13d and entering the date in block 13e. That activity shall then
forward the original and three copies of the SF 123 to the GSA regional
office for the region in which the property is located, retaining the
fourth copy for its files.
(D) At such time as GSA approves the transfer, the GSA office will
complete the SF 123 in blocks 14d, e, and f; retain one copy, send the
original and one copy to the holding agency; and send an informational
copy to the State agency for the State in which the SEA school, club, or
council is located.
(E) The property disposal officer, upon receipt of the approved SF
123 from GSA, shall release the property to the authorized donee
representative in accordance with the pickup or shipping instructions
shown in block 11.
(3) Public airport. (i) The applicant shall prepare and submit an
original and four copies of SF 123 to the appropriate FAA official for
surplus property required for public airport purposes. The applicant
shall sign in block 13b. One copy of SF 123 shall be sent to the
holding agency by the applicant.
(ii) The appropriate FAA official shall indicate approval by
completing blocks 14 a, b, and c; retain one copy; and send the
original and three copies to the appropriate GSA office.
(iii) At such time as the property is determined surplus and approved
for transfer by GSA, the GSA office will complete the SF 123 in blocks
14 d, e, and f; forward the original to the holding agency; return two
copies to the appropriate FAA official; and retain one copy for the
files.
(iv) The appropriate FAA official shall send one copy of the SF 123
to the applicant and retain one copy for the files.
(v) The holding agency, upon receipt of the approved SF 123, shall
proceed to release the property for donation in accordance with the
pickup or shipping instructions.
(c) General information regarding SF 123. (1) SF 123 is printed in a
10-part, snap-out set. Sets can be purchased by FAA and DOD for
distribution to authorized donees or applicants by ordering direct from
the General Services Administration (FCNI), Washington, DC 20406. SF
123-A (Continuation sheet) can also be purchased from the same source.
The continuation sheet is printed in a 10-part, snap-out set. State
agencies may obtain copies of these forms from the U.S. Government
Printing Office, Superintendent of Documents, Washington, DC 20402, or
have them printed commercially. When printing these forms commercially,
State agencies must ensure that the forms conform to the exact size,
wording, arrangement, etc., of the approved Standard forms.
(2) SF 123 and SF 123-A sets are color coded, having two each of five
different colors in each set.
(3) The SF 123 is designed for mailing in a 3 7/8- by 8 7/8-inch
window envelope with a 1 1/8- by 4-inch window positioned one-half inch
from the bottom and three-fourths of an inch from the left side of the
envelope. Slightly larger window envelopes may also be satisfactory,
but the size and position of the window should not be altered. Copies
should be folded along the horizontal line above block 11, and when
inserted in a window envelope, the typed holding agency address will
show through the window.
(53 FR 16117, May 5, 1988)
41 CFR 101-44.4902 GSA forms.
(a) GSA forms are illustrated in this section to show their text,
format, and arrangement, and provide a ready source of reference. The
subsection numbers in this section correspond with the GSA form numbers.
(b) State agencies may obtain GSA Form 3040, State Agency Monthly
donation Report of Surplus Personal Property, from the GSA regional
office serving the geographical area in which the State agency is
located.
41 CFR 101-44.4902-3040 GSA Form 3040, State Agency Monthly Donation
Report of Surplus Personal Property.
Note: The form illustrated in 101-44.4902-3040 is file as part of
the original document.
41 CFR 101-44.4902-3040-1 Instructions for preparing GSA Form 3040.
Each report shall be signed and dated by an approving official and
submitted in duplicate to the appropriate GSA regional office by the
25th day of the month following the quarter being reported.
A. Beginning Inventory -- List the total original Government
acquisition cost for all property on hand at the beginning of the report
period.
B. Property Received -- Original Government acquisition cost for:
1. From Federal agencies -- Property received and posted to inventory
records during the report period from Federal agencies other than that
received from sources identified under 2, 3, and 4, below.
2. From other State agencies -- Property received from other State
agencies via an overage or SF 123 action and posted to inventory records
during the report period.
3. From Overseas -- Property received through the overseas program
and posted to inventory records during the report period.
4. Other receipts -- Property received from all other sources and
posted to inventory records during the report period, including property
released by Federal agencies without documents, property returned by
donees, overages not previously posted, etc. Major receipts (over $500
per line item) should be explained in detail under ''Remarks.''
C. Property Donated -- Original acquisition cost of surplus property
distributed to:
1. Public agencies (as defined in 101-44.001-10) -- The original
Government acquisition costs for donation to public agencies during the
report period shall be identified for purposes of:
a. Conservation.
b. Economic development.
c. Education.
d. Parks and recreation.
e. Public health.
f. Public safety.
g. Two or more (when the donee indicates on the State agency
distribution document that the property will be used equally for two or
more public purposes).
h. Other (when the property will be used for a public purpose other
than a through f).
2. Nonprofit institutions or organizations -- As indicated in
101-44.207, donations to nonprofit institutions and organizations during
the report period shall be identified by (a) educational and (b) public
health purposes.
D. Other Distribution -- Original Government acquisition cost for:
1. Transfer to other State agencies -- Total acquisition cost of all
property transferred to other State agencies and dropped from inventory
during the report period as a result of an overage or SF 123 action.
2. Return to Federal agency -- Total acquisition cost of all property
returned to Federal agencies as approved by GSA and dropped from
inventory during the report period with the exception of that property
turned in for sale.
3. Sold -- Total acquisition cost of all property dropped from
inventory as a result of sales during the report period whether sold by
the State agency or GSA.
4. Abandoned or destroyed -- Total acquisition cost of all property
dropped from inventory as a result of approved and documented
abandonment or destruction actions during the report period.
5. Other adjustments -- Total acquisition cost of all property
redonated after having been returned from a donee, lost, stolen, or
destroyed; shortages and inventory adjustments not previously posted,
etc., which were dropped from inventory during the report period and
documented in accordance with published procedures.
E. Ending inventory -- To be computed by adding A and B, then
subtracting C and D (A+B^C^D=E). F and G are for informational purposes
only and are not included in E since they are already represented in C
and D.
F. Method of Distribution -- Total acquisition cost of property
distributed during the report period identified as (1) distribution from
a State agency facility or (2) picked up or shipped direct from the
holding agency to a donee. (The total should be the same as the total
of C and D.)
G. Distribution to Public Agencies -- Total Government acquisition
cost of property donated within the State during the reporting period.
1. Distribution to State public agencies such as State police
departments, State hospitals, State parks, etc.
2. Distribution to county and local public agencies, such as a county
civil defense unit, municipal health unit, county roads commission, etc.
(The total should be the same as the total of part 1 of C.)
Remarks -- Use this area to report on donations to programs that
provide assistance to homeless individuals. Include the total amount of
property donated, the number of providers that received property, and
the number of individuals (estimated if not known) served by each
provider. If no donations were made to providers during the report
quarter, an indication to that effect should be made.
(53 FR 16119, May 5, 1988, as amended at 53 FR 47198, Nov. 22, 1988)
41 CFR 101-44.4902-3040-1 Pt. 101-45
41 CFR 101-44.4902-3040-1 PART 101-45 -- SALE, ABANDONMENT, OR
DESTRUCTION OF PERSONAL PROPERTY
Sec.
101-45.000 Scope of part.
101-45.001 Definitions of terms.
101-45.001-1 Auction.
101-45.001-2 Cotton or woolen goods.
101-45.001-3 Firearms.
101-45.001-4 Identical bids.
101-45.001-5 Sale item.
101-45.001-6 Reviewing authority.
101-45.001-7 No commercial value.
101-45.002 Requests for deviations.
41 CFR 101-44.4902-3040-1 Subpart 101-45.1 -- General
101-45.101 Applicability.
101-45.102 Needs of Federal agencies par-amount.
101-45.103 Sales responsibilities.
101-45.103-1 Responsibilities of the General Services Administration.
101-45.103-2 Responsibilities of holding agencies.
101-45.104 Care and handling pending disposal.
101-45.105 Exclusions and exemptions.
101-45.105-1 Materials required for the national stockpile or the
supplemental stockpile, or under the Defense Production Act.
101-45.105-2 Disposal of certain vessels.
101-45.105-3 Exemptions.
101-45.106 Property controlled by other law.
101-45.107 Holding agency compliance function.
101-45.107-1 Referral to other Government agencies.
101-45.107-2 Compliance reports.
41 CFR 101-44.4902-3040-1 Subpart -- 101-45.2 -- (Reserved)
41 CFR 101-44.4902-3040-1 Subpart 101-45.3 -- Sale of Personal Property
101-45.300 Scope of subpart.
101-45.301 Policy.
101-45.302 Sale to Government employees.
101-45.303 Reporting property for sale.
101-45.303-1 Describing property.
101-45.303-2 Display and inspection.
101-45.303-3 Delivery.
101-45.304 Sales methods and procedures.
101-45.304-1 Competitive bid sales.
101-45.304-2 Negotiated sales and negotiated sales at fixed prices.
101-45.304-3 Limited sales by holding agencies.
101-45.304-4 Lotting.
101-45.304-5 Inspection by bidders.
101-45.304-6 Reviewing authority.
101-45.304-7 Advertising.
101-45.304-8 Forms prescribed.
101-45.304-9 Credit.
101-45.304-10 Deposits and final payments.
101-45.304-11 Deposit bonds.
101-45.304-12 Sales to State and local governments.
101-45.305 (Reserved)
101-45.306 Contractor inventory.
101-45.307 Proceeds from sales.
101-45.308 (Reserved)
101-45.309 Special classes of property.
101-45.309-1 Agricultural commodities.
101-45.309-2 Dangerous property.
101-45.309-3 Demilitarization and decontamination.
101-45.309-4 Firearms.
101-45.309-5 Garbage.
101-45.309-6 Controlled substances.
101-45.309-7 Drugs, biologicals, and reagents other than controlled
substances.
101-45.309-8 Bedding and upholstered furniture.
101-45.309-9 Gold.
101-45.309-10 Safes and locking file cabinets.
101-45.309-11 Certified and noncertified electronic products.
101-45.309-12 Vehicle reconditioning.
101-45.310 Antitrust laws.
101-45.311 Assistance in controlling unauthorized transport of
property.
101-45.312 (Reserved)
101-45.313 Procedures and forms concerning contingent or other fees
for soliciting or securing contracts.
101-45.313-1 Purpose.
101-45.313-2 Objectives and methods.
101-45.313-3 Representation and covenant.
101-45.313-4 General principles and standards applicable to the
covenant.
101-45.313-5 Standard Form 119, Contractor's Statement of Contingent
or Other Fees.
101-45.313-6 Use of Standard Form 119, Contractor's Statement of
Contingent or Other Fees.
101-45.313-7 Exceptions.
101-45.313-8 Enforcement.
101-45.313-9 Preservation of records.
101-45.314 Federal excise taxes.
101-45.315 Equal Opportunity clause in contracts.
101-45.316 (Reserved)
101-45.317 Noncollusive bids and proposals.
101-45.318 Identical bids.
41 CFR 101-44.4902-3040-1 Subparts 101-45.4 -- 101-45.5 -- (Reserved)
41 CFR 101-44.4902-3040-1 Subpart 101-45.6 -- Debarred, Suspended, and
Ineligible Contractors
101-45.600 Scope of subpart.
101-45.601 Policy.
101-45.602 Listing debarred or suspended contractors.
41 CFR 101-44.4902-3040-1 Subpart 101-45.7 -- Submission of Bids
101-45.700 Scope of subpart.
101-45.701 Responsiveness of bids.
101-45.702 Time of bid submission.
101-45.703 Late bids.
101-45.703-1 General.
101-45.703-2 Consideration for award.
101-45.703-3 Telegraphic bids.
101-45.703-4 Handcarried bids.
101-45.703-5 Disposition of late bids.
101-45.703-6 Records.
101-45.704 Modification or withdrawal of bids.
101-45.705 Late modifications and withdrawals.
41 CFR 101-44.4902-3040-1 Subpart 101-45.8 -- Mistakes in Bids
101-45.800 Scope of subpart.
101-45.801 General.
101-45.802 Apparent clerical mistakes.
101-45.803 Other mistakes disclosed before award.
101-45.804 Mistakes disclosed after award.
101-45.805 Mistakes disclosed after award in negotiated sales.
41 CFR 101-44.4902-3040-1 Subpart 101-45.9 -- Abandonment or
Destruction of Personal Property
101-45.900 Scope of subpart.
101-45.901 Authority to abandon or destroy.
101-45.902 Findings justifying abandonment or destruction.
101-45.902-1 Notice of proposed abandonment or destruction.
101-45.902-2 Abandonment or destruction without notice.
101-45.903 Destruction of surplus drugs, biologicals, and reagents.
41 CFR 101-44.4902-3040-1 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 surveys.
101-45.1002-2 Agency reporting requirements.
101-45.1002-3 Precious metals recovery program monitor.
101-45.1002-4 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.
101-45.1004-2 Use of DOD-recovered fine precious metals.
41 CFR 101-44.4902-3040-1 Subparts 101-45.11 -- 101-45.46 -- (Reserved)
41 CFR 101-44.4902-3040-1 Subpart 101-45.47 -- Reports
101-45.4700 Scope of subpart.
101-45.4701 Performance reports
101-45.4702 Negotiated sales reports.
41 CFR 101-44.4902-3040-1 Subpart 101-45.48 -- Exhibits
101-45.4800 Scope of subpart.
101-45.4801 Instructions for the preparation of advance notice to the
Department of Commerce.
101-45.4802 Sample format -- irrevocable letter of credit.
101-45.4803 General instructions for preparation of irrevocable
letter of credit.
101-45.4804 Sample format -- draft drawn against irrevocable letter
of credit.
101-45.4805 Sample format -- transmittal letter to accompany letter
of credit.
101-45.4806 Outline for preparation of explanatory statement relative
to negotiated sales.
101-45.4807 (Reserved)
101-45.4808 State health agencies.
101-45.4809 State radiation control agencies.
41 CFR 101-44.4902-3040-1 Subpart 101-45.49 -- Illustrations of Forms
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 of Release of a Motor Vehicle.
101-45.4901-97-1 Instructions for use of Standard Form 97.
101-45.4901-97A, Standard Form 97A Agency Record Copy of the United
States Government Certificate of Release of a Motor Vehicle.
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.
101-45.4901-114C-3 Standard Form 114C-3, Sale of Government Property
-- Special Spot Bid Conditions.
101-45.4901-114C-4 Standard Form 114C-4, Sale of Government Property
-- Special Auction Conditions.
101-45.4901-114D Standard Form 114D, Sale of Government Property --
Amendment of Invitation for Bids/Modification of Contract.
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, Report of Personal Property for
Sale (Continuation Sheet).
101-45.4901-150 Standard Form 150, Deposit Bond -- Individual
Invitation, Sale of Government Personal Property.
101-45.4901-151 Standard Form 151, Deposit Bond -- Annual, Sale of
Government Personal Property.
101-45.4901-291 Standard Form 291, Report of Activities Generating
Precious Metals.
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.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c),
101-45.400 to 101-45.405 also issued under sec. 307, 49 Stat. 880; 40
U.S.C. 304l.
Source: 30 FR 2930, Mar. 6, 1965, unless otherwise noted.
41 CFR 101-45.000 Scope of part.
This part prescribes policies and methods governing the disposal by
public sale, abandonment or destruction of personal property (including
salvage, scrap, and waste materials) owned by the Government except
foreign excess property and the recovery of precious metals.
(53 FR 16120, May 5, 1988)
41 CFR 101-45.001 Definitions of terms.
For the purposes of this subchapter H the following terms shall have
the meanings set forth in this section.
(41 FR 22273, June 2, 1976)
41 CFR 11-45.001-1 Auction.
Auction means a sale by outcry, orally soliciting bids by gradual
increase using a rhythmic chant calling the amount bid and the increased
amount being solicited until the highest bid is received.
(41 FR 22273, June 2, 1976)
41 CFR 101-45.001-2 Cotton or woolen goods.
Cotton or woolen goods means any textile, article, or product
resulting from the processing or manufacturing, in whole or in major
part, of cotton or wool.
(41 FR 22273, June 2, 1976)
41 CFR 101-45.001-3 Firearms.
Firearms means a weapon which is designed to expel a projectile or
projectiles by the action of an explosive, and a muffler or silencer for
the weapon.
(41 FR 22273, June 2, 1976)
41 CFR 101-45.001-4 Identical bids.
Identical bids means two or more bids received for the same line item
of an invitation for bids issued under formal advertising procedures
which:
(a) Appear on the face of the bids to be identical as to unit price
or total amount; or
(b) Are found, in the contracting agency's normal process of
evaluating bids for award, to be identical as to unit price or total
amount.
(41 FR 22273, June 2, 1976)
41 CFR 101-45.001-5 Sale item.
Sale item means an item of personal property specified in an
invitation for bids that, under the terms of the invitation, is
susceptible to a separate contract award.
(53 FR 16120, May 5, 1988)
41 CFR 101-45.001-6 Reviewing authority.
Reviewing authority means a local, regional, or departmental board of
review of an executive agency. Under subpart 101-45.5, reviewing
authority also includes an applicable State board of review of a State
agency for surplus Property.
(42 FR 56025, Oct. 20, 1977)
41 CFR 101-45.001-7 No commercial value.
No commercial value means a determination that property has neither
utility nor monetary value (either as an item or as scrap).
(53 FR 16120, May 5, 1988)
41 CFR 101-45.002 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.
(53 FR 16120, May 5, 1988)
41 CFR 101-45.002 Subpart 101-45.1 -- General
41 CFR 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.
(34 FR 5172, Mar. 13, 1969)
41 CFR 101-45.102 Needs of Federal agencies paramount.
Any need for personal property expressed by any Federal agency shall
be paramount to any disposal, if such need is made known to the holding
or selling agency prior to actual removal of the property from
Government control in the case of sale.
(53 FR 16121, May 5, 1988)
101-45.103 Sales responsibilities.
41 CFR 101-45.103-1 Responsibilities of the General Services
Administration.
GSA through its regional offices shall be responsible for:
(a) Conducting sales for holding agencies except for the Department
of Defense, which is delegated authority to sell property under its
control;
(b) Performing all aspects of sales preparation including, but not
limited to, advertising, collection, documentation, deposit of proceeds,
and contract administration;
(c) Programing property for sale from existing locations insofar as
possible;
(d) Providing for consolidated sales when it is determined to be
advantageous and economical to the Government, with a minimum movement
of property;
(e) Accepting physical custody and accountability of property
transported by holding agencies to a consolidated sales site when
provided for by GSA;
(f) Apprising the holding agencies of sales plans and requesting
essential administrative, clerical, or labor assistance when such
assistance is available; and
(g) Controlling routine correspondence pertaining to the personal
property sales program.
(30 FR 2930, Mar. 6, 1965, as amended at 48 FR 24879, June 3, 1983;
53 FR 16121, May 5, 1988)
41 CFR 101-45.103-2 Responsibilities of holding agencies.
Holding agencies shall be responsible for:
(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.
(30 FR 2930, Mar. 6, 1965, as amended at 53 FR 16121, May 5, 1988)
41 CFR 101-45.104 Care and handling pending disposal.
Pending disposal, each holding agency shall be responsible for
performing, and bear the cost of, care and handling of its property.
101-45.105 Exclusions and exemptions.
41 CFR 101-45.105-1 Materials required for the national stockpile or
the supplemental stockpile, or under the Defense Production Act.
This part 101-45 does not apply to materials acquired for the
national stockpile or the supplemental stockpile or to materials or
equipment acquired under section 303 of the Defense Production Act of
1950, as amended (50 U.S.C. App. 2093). However, to the extent deemed
appropriate the provisions of this part 101-45 should be followed in the
disposal of such materials.
41 CFR 101-45.105-2 Disposal of certain vessels.
The Secretary of Transportation has jurisdiction over the disposal of
vessels of 1,500 gross tons or more which the Secretary determines to be
merchant vessels or capable of conversion to merchant use.
(53 FR 16121, May 5, 1988)
41 CFR 101-45.105-3 Exemptions.
The sale by GSA of property (excluding personal property under the
control of the Department of Defense) as required by this part 101-45
has been determined at this time to be advantageous to the Government.
Exemptions from the provisions of this part 101-45 may be obtained only
under the following circumstances:
(a) Any 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 101-45, may seek an exemption, in
writing, from the Administrator of General Services; or
(b) After required screening under parts 101-43 and 101-44 is
completed, a holding agency, upon notification to the appropriate GSA
regional office, may elect to sell small lots of personal property where
the estimated proceeds from a sale will not exceed $5,000, and
perishable items regardless of the estimated proceeds from a sale.
Holding agencies are responsible for making or obtaining accurate
estimates of the market value of small lots of personal property to
ensure that the estimated total proceeds of the sale do not exceed
$5,000. Optional Form 15, Poster, Sale of Government Property (see
101-45.4903-15), and Optional Form 16, Sales Slip, Sale of Government
Personal Property (see 101-45.4903-16), are prescribed for use by
holding agencies for the sale of this property. These forms may be
obtained as stated in 101-45.4903. Procedures for conducting these
sales are set forth in 101-45.304-3. Further information can be
obtained from GSA regional offices.
(c) A holding agency may sell personal property, upon the approval of
GSA, where the estimated proceeds from a sale exceed $5,000.
(53 FR 16121, May 5, 1988)
41 CFR 101-45.106 Property controlled by other law.
No property shall be disposed of in violation of any other applicable
law.
41 CFR 101-45.107 Holding agency compliance function.
Subject to the provisions of 101-45.107-1 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.
41 CFR 101-45.107-1 Referral to other Government 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.
41 CFR 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.
41 CFR 101-45.107-2 Subpart 101-45.2 -- (Reserved)
41 CFR 101-45.107-2 Subpart 101-45.3 -- Sale of Personal Property
41 CFR 101-45.300 Scope of subpart.
This subpart prescribes the policies and methods governing the
disposal of personal property by sale.
41 CFR 101-45.301 Policy.
The General Services Administration will act as the single sales
agency of the Government in the sale of personal property under control
of executive agencies including surplus, contractor inventory, and that
property designated to be sold for replacement under section 201(c) of
the Act, 63 Stat. 384, except for that property or those activities
exempted under 101-45.105.
41 CFR 101-45.302 Sale to Government employees.
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.
(35 FR 14134, Sept. 5, 1970)
41 CFR 101-45.303 Reporting property for sale.
Holding agencies shall report property to be sold by GSA to the
appropriate GSA regional office 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 five-part 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.
(30 FR 2930, Mar. 6, 1965, as amended at 31 FR 5000, Mar. 26, 1966;
42 FR 40852, Aug. 12, 1977)
41 CFR 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.
41 CFR 101-45.303-2 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.
41 CFR 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 101-45.4902-27A
(over-the-counter and self-mailer)). Upon completion of a sale, the
servicing GSA finance office will simultaneously forward to the holding
activity additional copies of the GSA Form 27A and completed copies of
Standard Form 1081, Voucher and Schedule of Withdrawals and Credits, for
use as internal accounting documents.
(b) If a purchaser fails to remove property within the period
specified, the GSA regional office shall be advised of this fact, in
writing, immediately in order that appropriate action may be taken.
(c) Delivery of motor vehicles to purchasers shall be evidenced by
submission to the purchaser of a completed copy of Standard Form 97, The
United States Government Certificate of Release of a Motor Vehicle. The
form shall be signed in accordance with requirements established by the
head of the agency selling the vehicle. Proper precautions shall be
exercised by agency heads to prevent blank copies of Standard Form 97
from being obtained by unauthorized persons. Instructions for the use
of this form are in 101-45.4901-97-1. Standard Form 97 and 97A (agency
record copy) are illustrated at 101-45.4901-97 and 101-45.4901-97A,
respectively.
(53 FR 16121, May 5, 1988)
41 CFR 101-45.304 Sales methods and procedures.
41 CFR 101-45.304-1 Competitive bid sales.
Except as provided in 101-45.304-2, property shall be sold by
competitive bid sale after advertising, in accordance with this
101-45.304-1. Competitive bid sales include the following:
(a) Sealed bid sales. In sealed bid sales, bidders shall be required
to submit, to the office designated for receipt and opening of bids,
sealed written bids on authorized bid forms for public opening at a time
and place designated.
(b) Spot bid sales. In spot bid sales, bidders shall be furnished
with bid forms in advance of the bidding, a bid form to be used for each
lot or unit to be separately sold. Requests for bids on items offered
for sale shall be made by the official in charge. In requesting bids,
the official in charge shall announce the item, its identification
number, and a brief description of the item or lot. The right to reject
all such bids for a lot or item shall be reserved in the terms of sale;
and when the Invitation for Bids so specifies, lots or items for which
all bids have been rejected may be reoffered at the same sale in order
to secure an acceptable bid price. After examining all bids, award
shall be made or bids rejected immediately following the offering of the
item or lot. The bids at spot bid sales shall not be disclosed prior to
the announcement of award for any item or lot. Where mailed written or
drop bids are permitted, they shall not be disclosed to the public prior
to the announcement of award. Bidders may be required to register in
advance of the sale. Any special condition of sale shall be set out in
the Invitation for Bids in order to assure that all bidders are afforded
an opportunity to compete on the same terms and conditions.
(c) Auction sales. When the terms and conditions of sale have been
published and distributed to participating buyers, any special or
unusual conditions of sale shall be announced by the person conducting
the auction, immediately prior to commencement of the sale. Offerings
must reserve in the Government, the right to accept or reject any or all
bids. Lots for which all offers have been rejected may be reoffered
later at the same sale to secure acceptable bids, when the published
terms and conditions so provide.
41 CFR 101-45.304-2 Negotiated sales and negotiated sales at fixed
prices.
(a) Circumstances permitting negotiated sales. While it is the
policy to sell property after publicly advertising for bids, property
also may be sold by negotiation, subject to obtaining such competition
as is feasible under the circumstances, where:
(1) It is determined by the agency that the sale involves property:
(i) That has an estimated fair market value not in excess of $15,000;
(ii) Where public exigency will not admit of the delay incident to
advertising;
(iii) Where bid prices after advertising therefor are not reasonable
(either as to all or some part of the property), or bid prices have not
been independently arrived at in open competition, and it is determined
that readvertising will serve no useful purpose: Provided, That all
responsible bidders who responded to the previous advertising shall be
afforded an opportunity to submit offers for the property; or
(iv) That the disposal will be to a State, territory, possession,
political subdivision thereof, or tax-supported agency therein, and that
the estimated fair market value of the property and other satisfactory
terms of disposal are obtained by negotiation. (See 101-45.304-12.)
(2) Full and adequate justification therefor has been submitted to
the head of the selling agency or his designee for prior approval, and
he has determined:
(i) That the public health, safety, or national security will thereby
be promoted; or
(ii) That it is necessary in the public interest during the period of
a national emergency declared by the President or the Congress. The
authority of this subdivision shall be used only with respect to a
particular lot or lots of personal property identified by the
Administrator of General Services or a specifically described category
or categories of property determined by the Administrator of General
Services during any period fixed by the Administrator of General
Services, but not in excess of three months. Declaration of a national
emergency alone is not justification for use of this authority; there
must be other reasons making use of negotiation necessary in the public
interest.
(3) Full and adequate justification therefor has been submitted to
the Administrator of General Services for his prior approval, and he has
determined that the property involved is of a nature and quantity which,
if disposed of by advertising would cause such an impact on an industry
or industries as to adversely affect the national economy: Provided,
That the estimated fair market value of such property and other
satisfactory terms of disposal can be obtained by negotiation.
(4) Negotiation is otherwise authorized by the Act or other law.
(b) Negotiated sales at fixed prices. (1) Property may be sold at
fixed prices, either directly or through the use of disposal
contractors, only with prior approval by the Administrator of General
Services (or designee) of the property categories to be sold.
(2) In accordance with 101-45.304-12, prior to offering property to
the public, it may be offered at fixed prices, through State agencies
for surplus property, to State and local governments (States,
territories, possessions, political subdivisions thereof, or
tax-supported agencies therein) which have expressed an interest in the
property.
(c) Explanatory statements. Subject to the exceptions stated in
101-45.304-2(c)(2), the selling agency shall prepare an explanatory
statement as required by section 203(e)(6) of the Act of the
circumstances of each proposed disposal by negotiation.
(1) Ten copies of each explanatory statement, mechanically
reproduced, shall be submitted to the Administrator of General Services
for review and transmittal by the Administrator to the appropriate
committees of the Senate and House of Representatives and a copy thereof
shall be preserved in the files of the selling agency. Such statements
shall be submitted as early as practicable in advance of each proposal.
Copies of the Administrator's transmittal letters to the committees will
be furnished to the selling agency. In the absence of any action by a
committee on the proposed negotiated disposal, the selling agency may
consummate the sale on or after 35 days from the date of the
Administrator's letters transmitting the explanatory statement to the
committees.
(2) The explanatory statement need not be:
(i) Transmitted for a disposal of personal property at fixed prices
when previously authorized pursuant to 101-45.304-2(b);
(ii) Transmitted for a disposal of personal property authorized to be
made without advertising by any provision of law other than section
203(e) of the Act; or
(iii) Prepared for a disposal of personal property having a fair
market value of $15,000 or less.
(3) An outline for the preparation of the explanatory statement is
shown in 101-45.4806.
(30 FR 2930, Mar. 6, 1965, as amended at 31 FR 5001, Mar. 26, 1966;
34 FR 7329, May 6, 1969; 42 FR 40853, Aug. 12, 1977; 54 FR 38676,
Sept. 20, 1989; 55 FR 17609, Apr. 26, 1990)
41 CFR 101-45.304-3 Limited sales by holding agencies.
Holding agencies are responsible for ensuring that sales of personal
property as authorized in 101-45.105-3(b) are conducted in accordance
with this part. When conducting these sales, holding agencies must
provide advance notice of the sales offering to the appropriate GSA
regional sales office. Only the competitive bid sale methods prescribed
in 101-45.304-1 will be used by holding agencies to sell personal
property.
(a) To advertise these limited sales by holding agencies, Optional
Form (OF) 15, Poster, Sale of Government Property, may be mailed as a
direct sales announcement or may be posted for display in prominent
locations in public buildings. This mailing and/or posting should be
completed at least 10 calendar days in advance of the sale. For sales
by holding agencies estimated to exceed $500 fair market value, a
classified advertisement must be placed in a minimum of one local
newspaper distributed in the trading area where the property will be
sold. This classified advertisement must appear at least 10 days prior
to the sale to serve as a general notice to the public of the upcoming
Government sale. When a classified advertisement is used, the mailing
and/or posting of OF 15 in public buildings is optional. In order to
ensure compliance with all sale terms and conditions, OF 15 must be
posted at the sale site for review by prospective bidders. To obtain OF
15, a requisition in FEDSTRIP format should be submitted to the GSA
regional office supporting the requesting activity. In addition to the
required fill-in information, a statement should be entered on the
bottom of OF 15 that the reverse side or attachment contains special
provisions. These provisions or conditions of sale are listed below and
must be entered on the reverse side or attachment of each OF 15 issued
and/or posted.
(1) Only certified forms of payment (cash, cashier's checks,
certified checks, money orders, etc.) will be accepted. Full payment is
required before removal of the property.
(2) This offering is subject to the General Sale Terms and
Conditions, SF 114C, and:
Special Sealed Bid Conditions, SF 114C-1;
Special Spot Bid Conditions, SF 114C-3;
Special Auction Conditions, SF 114C-4; which are incorporated herein
by reference.
(Copies of this form are on file at the office which issued the sales
offerings and will be made available upon request.) The selling agency
shall designate the additional SF 114C form which is applicable for each
type of sale.
(b) Inspection of property by potential bidders should be permitted
for at least 2 calendar days. When property is sold by sealed bid sale
the inspection should be held 7 calendar days before the sale to allow
time for mailing bids. A complete listing of the property being offered
should be posted at the sales site during inspection. Property should
be described in commercial terminology, as fully and accurately as
possible, using the best information available to the Government.
(c) Upset prices are those prices that are prudent estimates of the
worth of the property and shall be established in advance of sales for
use in evaluating bids received. Normally, bids under the upset prices
will not result in awards. Upset prices are confidential and must not
be made known to prospective bidders.
(d) When property is sold by sealed bid sale a complete abstract of
bidders' names and bid prices must be maintained by item number to
determine high bidders. The following statement, together with the
signature and title of the employee conducting the sale, and the date of
signature must appear on all abstracts of bids:
I certify that I have personally opened and read all bids received,
verified all entries on this abstract from those bids and find it
correct.
(e) In the event of tie bids for: (1) Sealed bid sales, a time and
place shall be established for a drawing by lot and, if time permits,
the bidders whose bids are tied shall be given an opportunity to be
present at the drawing. Such drawing shall be witnessed by at least two
persons, and the contract file shall contain the names and addresses of
the witnesses.
(2) Spot bid sales, a coin toss shall be used to determine the
successful bidder. The successful bidder on the tie bid item will be
determined prior to requesting bids for the next item.
(3) Auction sales, a coin toss shall he used to determine the high
bidder. After determining the high bidder, the auctioneer will request
bids at the next increment to continue bidding on the item.
(f) OF 16, Sales Slip, Sale of Government Personal Property, is a
four-part form provided for simple documentation of sales, which is
similar to cash receipts used by private retail stores. The form should
be used as an invoice, cash receipt, permanent account record, and/or
property release document as required by individual agency procedures.
To obtain OF 16, a requisition in FEDSTRIP format should be submitted to
the GSA regional office supporting the requesting activity.
(g) Holding agencies may notify successful bidders on sealed bid
sales of their award by telephone, but the award will be confirmed by a
written notice of award. Spot bid and auction awards will be confirmed
by a written notice of award if the contract is not completed the day of
sale. Payment and removal of property should be completed as specified
on OF 15.
(h) Proceeds from the sale of surplus personal property shall be
deposited into the U.S. Treasury as miscellaneous receipts. Agencies
are authorized to apply the proceeds from sale of exchange/sale property
in whole or in part payment for similar items acquired for replacement
purposes (see part 101-46).
(i) The results of sales by holding agencies shall be forwarded for
review to the appropriate GSA regional sales office within 10 workdays
of sales conclusion. This report should include copies of OF's 15 and
16, the abstract for sealed bid sales, and the property listing.
(j) Every effort should be made to sell property as a separate item
or when appropriate as scrap before it is classified as having no
commercial value. Property having no commercial value may be abandoned
or destroyed (see subpart 101-45.5).
(k) If necessary, further guidance may be obtained from the
appropriate GSA regional sales office.
(52 FR 23831, June 25, 1987)
41 CFR 101-45.304-4 Lotting.
To the extent practicable, and consistent with the types of property
and usual commercial practice, property offered for sale shall be
assembled in reasonably sized lots of like or similar items by make or
manufacturer. Unused property shall be lotted separately from used
items. Scrap and other property having scrap value only shall be lotted
in accordance with established trade practice and shall generally not be
included in the same sale with usable items. Determination of the size
of lots shall take into consideration the buying capacities of
prospective buyers and the requirement that adequate competition be
obtained. Large quantities of identical items shall be lotted in such a
way as to encourage bidding by small businesses and individuals.
41 CFR 101-45.304-5 Inspection by bidders.
Sufficient time prior to the date for submission of bids shall be
allowed to permit inspection by potential bidders. Such time should be
a minimum of 7 or a maximum of 21 calendar days, depending upon the
circumstances of the sale, the method of the sale, or the volume of
property offered for sale. Whenever the inspection period is proposed
to be less than 7 days, invitations for bids, flyers, or other
announcements shall be distributed to prospective bidders sufficiently
in advance of the inspection period.
(31 FR 5001, Mar. 26, 1966)
41 CFR 101-45.304-6 Reviewing authority.
Approval by a reviewing authority of the agency effecting the sale
shall be required for each proposed award involving the type of sale and
acquisition cost (actual or estimated) of property other than scrap as
follows:
(a) By negotiated sale -- $1,000 or more.
(b) By competitive-bid sale -- $100,000 or more.
41 CFR 101-45.304-7 Advertising.
Adequate public notice shall be given to each offering for sale of
property to be disposed of after advertising. Except where the nature
or condition of the property does not permit, advertising shall be made
in sufficient time previous to sale to permit full and free competition.
The extent of solicitation shall have due regard to the quantity and
type of property to be sold, the logical market of disposal, the type of
sale contemplated, and the public interest.
(a) Advertising media by type of sales -- (1) Sealed bid sales. In
the case of sealed bid sales, advertising shall be by the distribution
of written invitations for bids including public posting thereof and may
be supplemented by newspaper or trade journal advertising (ordered in
accordance with existing law) where advisable.
(2) Spot bid sales. Advertising in the case of spot bid sales shall
be by written invitation for bids or other appropriate notices,
including public posting thereof. Notice of such sales may also be
given by appropriate newspaper or trade journal advertising (ordered in
accordance with existing law) where advisable.
(3) Auction sales. In the case of auction sales, newspaper or trade
journal advertising ordinarily should be employed (ordered in accordance
with existing law) in addition to other written notice deemed
appropriate.
(4) Limited sales by holding agencies. Advertising in the case of
limited sales by holding agencies of property shall be accomplished by
public posting and/or mailing of the OF 15 for property valued under
$500 fair market value. When fair market values are estimated to exceed
$500, a classified advertisement must be placed in a minimum of one
local newspaper distributed widely in the trading area where the
property will be sold. This classified advertisement must appear at
least 10 days prior to the sale to serve as a general notice to the
public of the upcoming Government sale.
(b) Advance sale notices to Department of Commerce. In order that
the Department of Commerce may publish regularly synopsis of principal
proposed sales of Government personal property, the sales office shall,
when the acquisition cost of the property to be sold at one time at one
place is $250,000 or more, forward a notice of each proposed sale to the
U.S. Department of Commerce, room 1300, 433 West Van Buren Street,
Chicago, IL 60607. Where the acquisition cost is less than this amount,
the notice may be transmitted when considered desirable. The notice
shall be sent as early as possible in advance of the sale but at least
20 days prior to the date when the bids will be opened, or, in the case
of spot bid or auction sale, when the sale will be conducted. The
notice shall be transmitted by fastest mail available and shall be in
synopsis form suitable for printing directly from the text as
transmitted without editing or condensing. Instructions for the
preparation of advance sale notices, including form and content thereof
are set forth in 101-45.4910. The failure to comply with the advance
notice of sale requirements of this 101-45.304-7(b) shall not, in and
of itself, affect the validity of a sales award which is otherwise
valid.
(c) The appropriate GSA regional office shall be provided, at the
time of public distribution, a copy of each invitation for bids or other
form of offering involving:
(1) Contractor inventory, whether being sold by the contractor for
the Government or by a Government activity authorized to conduct sales.
(2) Personal property, perishables, etc., being sold pursuant to an
authorization from a GSA regional office pursuant to 101-45.105-3.
(30 FR 2930, Mar. 6, 1965, as amended at 42 FR 40853, Aug. 12, 1977;
52 FR 23831, June 25, 1987)
41 CFR 101-45.304-8 Forms prescribed.
Standard Forms 114, 114A, 114B, 114C, 114C-1, 114C-2, 114C-3, 114C-4,
114D, 114E, and 114F (illustrated at 101-45.4901-114 through
101-45.4901-114F) shall be used, where appropriate, in sales of personal
property except that Standard Form 114C is not applicable to those sales
conducted by GSA involving any strategic metals, minerals, and ores,
which have been determined surplus pursuant to the Act. These forms
will be stocked by GSA as cut sheets only. Authority for the use of
such forms in styles other than cut sheets may be granted when requests
for such deviation are submitted in accordance with 101-26.302.
(a) Deviation. In the interest of establishing and maintaining
uniformity in Government sales contracts, no deviation shall be made
from the Standard Form 114 series, and no special conditions of sales
shall be included that are inconsistent with the provisions contained
therein, unless approval is obtained from the Commissioner, Federal
Property Resources Service (mailing address: General Services
Administration (D), Washington, DC 20406).
(b) Cover sheet. The development and use of a cover sheet will be at
the option of the selling agencies, However, if a cover sheet is used,
it should be developed so as to be uniform for and identified primarily
with the selling agency and secondarily with the selling activities of
such agency. The cover sheet should contain only the
''what-where-when'' types of information, such as the method of sale
(i.e., sealed bid, spot bid, auction); sale (invitation for bids)
number: general category(ies) of property being offered;
identification of the selling activity; inspection period; and the bid
opening time and date of the sale. Nothing of a binding nature either
on the part of the bidder or the Government shall be included on this
cover sheet.
(c) Description of standard forms -- (1) Standard Form 114, Sale of
Government Property -- Bid and Award. (i) Standard Form 114, has spaces
to be completed by the issuing sales activity and the bidder. Some of
the information furnished by the issuing sales activity is as follows:
Invitation for bids number; name and address of issuing sales activity;
person to contact for sales information; address to which bids should
be mailed; place, date, and time of bid opening; whether or not bid
deposit is required; and the number of days for payment to be made and
property to be removed. In addition, the form provides that the
Standard Form 114C, General Sale Terms and Conditions, and the standard
form of special conditions applicable to the method of sale being
employed are made a part of the invitation for bids by reference. The
block indicating the standard form of special conditions for the
appropriate method of sale must be checked by the issuing sales agency.
If special terms and conditions in addition to those contained in the
prescribed standard forms are to be made a part of the invitation by
reference, such additional terms and conditions should be identified by
a form number and so indicated in the appropriate place on Standard Form
114. Special terms and conditions that are not identified by a form
number must be included in the invitation and not made a part thereof by
reference. Standard Form 114C and the applicable standard form of
special conditions may be attached to the invitation for bids at the
option of the executive agency. Information to be furnished by the
bidder is as follows: Number of days but not less than 10, for
Government's acceptance of the bid, if desired; total amount of bids;
amount and form of bid deposit, when required; whether or not property
was inspected; small business representation; and contingent fee
representation. Standard Form 114 shall be made a part of sealed bid
sales and may be used in auction and spot bid sales.
(ii) The time set for bid opening or commencement of a sale shall be
the local time at the place of bid opening or sale and shall be
indicated in the appropriate block on Standard Form 114. The opening
time shall include the phrase ''local time at the place of bid opening''
in lieu of references to ''daylight time'' or ''daylight saving time''
and abbreviations such as ''EDT'' or ''PDT.'' Where the block on
Standard Form 114 does not readily permit the inclusion of the phrase
''local time at the place of bid opening,'' an asterisk shall be used to
call attention to an explanatory phrase which shall be stated elsewhere
in the invitation for bids. The time set for commencement of spot bid
and auction sales shall also be the local time at the place of sale and
shall be indicated in an appropriate place in invitations for bids and
sales offerings.
(2) Standard Form 114A, Sale of Government Property -- Item Bid Page
-- Sealed Bid. Standard Form 114A requires entries to be made by the
bidder prior to submission of bid. It provides for the bidder to enter
the item number of the property on which he is bidding, his offered unit
price bid per item, and his total price bid per item. Except as
provided in paragraph (3) of this paragraph (c), Standard Form 114A
shall be made a part of sealed bid sales.
(3) Standard Form 114B, Sale of Government Property -- Item Bid Page
-- Sealed Bid. Standard Form 114B may be used in lieu of Standard form
114A only when:
(i) The number of items of property being sold can be described
sufficiently on one page;
(ii) Property is offered on an ''as generated'' basis (term-type
sale);
(iii) Bidding on an increment basis is permitted by the terms and
conditions of the sale; or
(iv) The use of Standard Form 114A might not be appropriate, in which
case a short, accurate, and to the extent feasible, commercially clear
description shall be prepared for each item offered for sale.
(4) Standard Form 114C, Sale of Government Property -- General Sale
Terms and Conditions. Standard Form 114C, is applicable to all sales of
personal property (including sales by negotiation) and shall be made a
part of all sales invitations, either by reference or by attachment
thereto or both.
(5) Standard Form 114C-1, Sale of Government Property -- Special
Sealed Bid Conditions. Standard Form 114C-1, is in addition to the
Standard Form 114C and is applicable only to sealed bid sales (other
than term-type sales) and shall be made a part of all such sales
invitations, either by reference or by attachment thereto or both.
(6) Standard Form 114C-2, Sale of Government Property -- Special
Sealed Bid-Term Conditions. Standard Form 114C-2, is applicable only to
sealed bid term-type sales and is in addition to the Standard Form 114C.
The form shall be made a part of all such sales invitations, either by
reference or by attachment thereto, or both.
(7) Standard Form 114C-3, Sale of Government Property -- Special Spot
Bid Conditions. Standard Form 114C-3, is applicable only to spot bid
sales and is in addition to the Standard Form 114C. The form shall be
made a part of all sales announcements, bidders registers, and bid
cards, either by reference or by attachment thereto or both.
(8) Standard Form 114C-4, Sale of Government Property -- Special
Auction Conditions. Standard Form 114C-4, is applicable only to auction
sales and is in addition to the Standard Form 114C. The form shall be
made a part of all sales announcements and bidders registers, either by
reference or by attachment thereto or both.
(d) Other special conditions. (1) Other special terms and conditions
considered by a selling agency to be necessary for the particular
property offered for sale and not inconsistent with those contained in
the forms prescribed in this 101-45.304-8 may be incorporated in
invitations for bids in which these forms are used. These additional
terms and conditions should be kept to a minimum. To the extent
practicable, incorporation of these special conditions should be
accomplished by a special form developed by the selling agency for that
purpose and so indicated on Standard Form 114, Sale of Government
Property -- Bid and Award. Each selling agency shall review
periodically these terms and conditions that are commonly used in its
agency to standardize those in general use and eliminate unnecessary
additions. The agency shall periodically forward to the Commissioner,
Federal Property Resources Service (General Services Administration (D),
Washington, DC 20406), the additional terms and conditions desirable for
inclusion in the Standard Forms.
(2) Standard Form 114, Sale of Government Property -- Bid and Award,
incorporates by reference Standard Form 114C and Standard Forms 114C-1
and 114C-2, as appropriate. Therefore, it is not necessary to attach
such forms each time invitations for bids are issued, but an agency may
elect to do so. It is essential, however, that any terms and conditions
incorporated in an invitation by reference be furnished to any
prospective bidder promptly on request.
(e) Standard Form 114D, Sale of Government Property -- Amendment of
Invitation for Bids/Modification of Contract. Standard Form 114D, is
applicable to all sales of personal property and shall be used as
required.
(1) Amendment. (i) If after issuance of an invitation for bids, but
before the time set for opening of bids or the start of a sale, it
becomes necessary to make changes to the invitation, the changes shall
be accomplished by the issuance of an amendment to the invitation for
bids on Standard Form 114D. The amendment shall be sent to each firm or
individual to whom the invitation for bids has been furnished and shall
be displayed in the bid room. In the event an amendment must be issued
to either an auction or spot bid invitation for bids in which mailed-in
bids are not authorized and where time does not permit distribution by
mail, such amendment may be issued at the time of bidder registration.
(ii) When an invitation is canceled, bids which have been received
shall be returned unopened to the bidders and a notice of cancellation
sent to all prospective bidders to whom invitations for bids were issued
identifying the invitation and briefly explaining the reason for the
cancellation.
(2) Supplemental agreement. A supplemental agreement is required for
a contract modification which, in accordance with the contractual
provisions, cannot be accomplished by unilateral action of the
Government. Such supplemental agreement must be mutually agreed to by
both parties and be distributed in the same manner as the original
contract. Modifications to contracts require careful consideration
before issuance and the sales contracting officer should be absolutely
certain that the information contained in the supplemental agreement is
accurate. In addition, the sales contracting officer must satisfy
himself that the contract modification is authorized and that as a
result of the contract modification, the purchaser will enjoy no
advantage or gain which is uncompensated, or which would not reasonably
flow from the terms and conditions of the invitation for bids or the
solicitation of offers out of which the original contract arose.
(f) Standard Form 114E, Sale of Government Property -- Negotiated
Sales Contract. Standard Form 114E, is applicable only to negotiated
sales and is used to confirm quotations received from offerors
contracted by the selling activity and constitutes the sales contract
upon execution by the purchaser and by the Government. Standard Form
114E shall have attached thereto or made a part thereof by reference,
Standard Form 114C, General Sale Terms and Conditions, and those
additional special terms and conditions applicable only to the specific
negotiation concerned.
(g) Standard Form 114F, Sale of Government Property -- Item Bid Page
-- Spot Bid or Auction. Standard Form 114F, is used only when mailed-in
bids are authorized in connection with a spot bid or auction sale.
(h) Description of property for sale. The invitation for bids shall
include a listing of the property being offered for sale and each unit
or line item shall be assigned a specific item number. The property
should be adequately described including all factual information
necessary to convey to prospective bidders an accurate, concise, and
clear understanding of the property being offered. To the extent
applicable, the following guideline information should be included as a
part of the description:
(1) Noun name and other descriptive information expressed in
understandable commercial terms.
(2) Part numbers and pertinent specifications as to sizes, type, etc.
(3) Manufacturers' name or trade name and year of manufacture.
(4) Estimated total weight or cube.
(5) Condition of property limited generally to statements of fact
such as ''unused'' or ''used.'' To these general statements there may be
added, when known and applicable, information such as ''parts missing,''
''wrecked,'' ''major components removed,'' etc.
(6) Quantity stated in the same unit of measure as that for which
bids are solicited (each, pound, ton, per lot, etc.), such units to
conform with established trade practices in the industry or commodity
area in which the property falls.
(7) Original acquisition cost, if known, or estimated cost (and so
indicated) may be included.
(8) Location of the property; dates and time available for
inspection; and name, title, and telephone number of custodian.
(i) Removal of property. A reasonable period of time shall be
afforded successful purchasers to effect complete removal of the
property and must be set forth in the invitation for bids.
(35 FR 12119, July 29, 1970, as amended at 42 FR 40853, Aug. 12,
1977; 46 FR 39592, Aug. 4, 1981)
41 CFR 101-45.304-9 Credit.
Except as authorized in 101-45.304-12, personal property shall not
be offered for sale or sold on credit without the prior approval of the
Administrator of General Services or his designee. When approved, the
terms and conditions of sale shall specifically provide therefor.
41 CFR 101-45.304-10 Deposits and final payments.
(a) Whenever a bid deposit is required by the terms and conditions of
the invitation for bids, the normal deposit for individual type sales
shall be 20 percent of the total amount of the bid. For sales of
property on an ''as generated'' basis during a stated period of time
(referred to as term contracts), the normal deposit shall not be less
than an amount which will adequately protect the Government's interest,
normally 20 percent of the estimated contract price. However, the bid
deposit for a term contract in excess of 1 year's duration shall not
exceed 20 percent of the total price estimated for 1 year's removal of
property.
(b) Whenever a bid deposit is required by the terms and conditions of
the invitation for bids, such deposit shall be in U.S. currency or any
form of credit instrument other than a promissory note, made payable on
demand in U.S. currency, except as provided for in condition number 4 of
Standard Form 114C, General Sales Terms and Conditions. Postdated
credit instruments are not acceptable. Deposit bonds submitted on
Standard Forms 150 and 151 (illustrated in 101-45.4901-50 and
101-45.4901-151) may also be accepted when provided for in the
invitation for bids.
(c) Irrevocable commercial letters of credit issued by a bank
established in the United States, payable to the Treasurer of the United
States or to the Government agency conducting the sale, may be used in
lieu of the foregoing forms of deposit. Such letters shall be
substantially in the format shown in 101-45.4802. General instructions
relating to the preparation of letters of credit are also contained in
101-45.4803.
(d) Any draft drawn against such letter of credit shall be
substantially in the format shown in 101-45.4804. The draft shall be
accompanied by a transmittal letter and certification substantially in
the format shown in 101-45.4805.
(e) Final payments shall be acceptable in the same forms as for bid
deposits, with the exception of deposit bonds.
(f) Potential buyers shall be notified as to the exact organizational
entity to the order of which the prescribed form of deposit is to be
made payable. In no event shall a bid be rejected solely on the grounds
that the instrument of deposit is made payable to the Treasurer of the
United States when the offering specifies that it be made payable to the
Government agency conducting the sale, or conversely, as the case may
be.
(30 FR 2930, Mar. 6, 1965, as amended at 35 FR 12121, July 29, 1970;
42 FR 40854, Aug. 12, 1977)
41 CFR 101-45.304-11 Deposit bonds.
(a) Standard forms. The following standard forms, as applicable,
shall be used when a bond, in lieu of cash or other acceptable form of
bid deposit, is permitted by the sales invitation.
(1) Standard Form 150, Deposit Bond -- Individual Invitation, Sale of
Government Personal Property. (See 101-45.4901-150.)
(2) Standard Form 151, Deposit Bond -- Annual, Sale of Government
Personal Property. (See 101-45.4901-151.)
(3) Standard Form 28, Affidavit of Individual Surety. (See
101-45.4901-28.)
(b) Instructions and procedures. (1) Comprehensive instructions for
the execution and use of Standard Form 150, Deposit Bond -- Individual
Invitation; Standard Form 151, Deposit Bond -- Annual; and Standard
Form 28, Affidavit of Individual Surety, are provided on the reverse of
each form. Implementing instructions shall be consistent therewith.
(2) Standard Form 151, Deposit Bond -- Annual, contains the following
provision:
Upon the making of an award to the principal, or within a reasonable
period of time thereafter, the Government shall transmit, in writing,
the following information to the surety at the above address:
(i) Name and address of the principal(s); (ii) number of the
invitation for bids; (iii) name and address of the department or agency
making the award; (iv) date of the award; and (v) total purchase price
covered by the award. The phrase, ''or within a reasonable period of
time thereafter'', shall, for practicable purposes, be construed to mean
within 15 days following the making of the award. Optional Form 20,
Notice to Surety -- Deposit Bond -- Annual (illustrated at
101-45.4903-20) is a form of written notice available for this purpose.
(3) In the event a bidder whose bid deposit is secured by a deposit
bond attempts to withdraw his bid in violation of paragraph 3, General
Sale Terms and Conditions, Standard Form 114C, and such bid is
determined to be the high bid acceptable to the Government, a formal
notice of award shall be issued to inform the bidder of his contractual
obligations.
(4) In the event of default by a bidder whose bid deposit has been
secured by a deposit bond, a notice of such default should be sent to
the bidder (principal) and the surety.
(30 FR 2930, Mar. 6, 1965, as amended at 42 FR 40854, Aug. 12, 1977)
41 CFR 101-45.304-12 Sales to State and local governments.
(a) General. (1) State and local governments may purchase Government
personal property by:
(i) Negotiation through their State agencies for surplus property as
prescribed in this 101-45.304-12;
(ii) Negotiation at fixed prices through their State agencies for
surplus property as prescribed in this 101-45.304-12;
(iii) Participation in public sales of Government personal property
on a competitive bid basis by having their names maintained on
appropriate mailing lists.
(2) No fees or monies will be paid by the Government to State
agencies for surplus property for handling these transactions. The
State agencies for surplus property may impose a fee on purchasers for
costs incurred.
(3) When sales are made to State and local governments, the
requirements for bid deposits and payments for property prior to removal
shall be waived. However, payment must be made within 30 calendar days
after purchase. If payment is not made within this timeframe, simple
interest may be charged at the rate which has been established by the
Secretary of the Treasury as provided in section 12 of the Contract
Disputes Act of 1978 (Pub. L. 95-563), from the date of first written
demand until paid.
(b) Definitions. The following terms shall have the meanings set
forth in this 101-45.304-12:
(1) Estimated fair market value. The selling agency's best estimate
of what the property would be sold for if offered for public sale.
(2) State agency. State agency means the agency in each State
designated under State law as responsible for the distribution within
the State of all donations of surplus property to public agencies and
eligible nonprofit tax-exempt activities. This agency will also be
responsible for administering the program in their State whereby
eligible activities may purchase Government personal property by
negotiation or negotiation at fixed prices.
(3) State and local government. A State, territory, possession,
political subdivision thereof, or tax-supported agency therein.
(4) Want lists. Lists of items, submitted by State agencies to
selling agencies, of personal property State and local governments
desire to purchase by negotiation or fixed prices.
(c) Submission of State agency requests for property. State agency
requests to selling agencies for purchasing property by negotiation and
negotiation at fixed prices shall include, at the minimum, the following
information for each type of property requested:
(1) Name, title, address, and telephone number of official person(s)
authorized to obligate funds and enter into an agreement to purchase.
(2) Geographical area(s) within which they would be willing to
inspect and purchase property;
(3) Complete description of each item desired; i.e., electric
typewriter not office equipment, dump truck not vehicular equipment,
compact sedan not sedan;
(4) Number of days the request should be maintained on the ''want
list'' pending availability, not to exceed 60 days (selling agencies may
extend the expiration date when property is subject to seasonal
availability); and
(5) Minimum poorest acceptable condition; i.e., good (usable without
repairs), fair (repairable), poor (extensive repairs required).
(d) Nonwithdrawal. Property listed in invitation for bids that has
been offered for sale to the general public at the time requests are
received from State agencies will not be withdrawn from sale under this
101-45.304-12.
(e) Negotiated sales. Personal property may be sold by negotiation
to State and local governments through their State agencies subject to
obtaining such competition as is feasible under the circumstances
provided that the estimated fair market value and other satisfactory
terms of disposal are obtained (see 101-45.304-2(a)(1)(iv) and
101-46.303(b)(1)). When two or more State agencies have indicated a
desire to purchase the same item, quotations should be obtained from
such interested parties. When only one State agency wants the property,
and no further competition is feasible under the circumstances and all
other conditions for negotiation have been met, the sale may be made.
(1) With the exception of items having an estimated fair market value
of less than $100, selling agencies may honor requests by State agencies
for State and local governments to purchase property by negotiation
prior to offering the property for public sale.
(2) When requested property is available for purchase, the selling
agency shall take appropriate action to notify the State agency that the
property is available for sale and, when appropriate, consummate the
sale in accordance with this 101-45.304-12(e).
(3) When requested property is not presently available for purchase,
selling agencies shall:
(i) Establish a ''want list'' system reflecting State agencies'
requests for property being offered by negotiated sale.
(ii) Screen property reported for sales action against established
''want lists.''
(4) When a desired item becomes available for sale, the interested
State agency(s) shall be advised of:
(i) The complete item description;
(ii) The condition of the item;
(iii) The item location;
(iv) Full information concerning inspection; and
(v) The estimated fair market value when only one State agency is
involved.
(5) A reasonable period of time not to exceed 15 days shall be given
the State agency to indicate its desire to purchase the property.
(6) Satisfactory arrangements must be made with State agencies for
payment, pickup, handling, and transportation charges, when necessary.
(See 101-45.304-12(a)(3) for timeframes for payments.)
(f) Negotiated sales at fixed prices. Property approved to be sold
at fixed prices may be offered through State agencies to State and local
governments (see 101-45.304-2(b)) at fixed prices prior to public sale.
(1) When property is available at the time of request, the selling
agency shall notify the requesting State agency and, when appropriate,
consummate the sale in accordance with this 101-45.304-12(f).
(2) When requested property is not presently available for purchase,
selling agencies shall:
(i) Establish a ''want list'' system reflecting State agencies'
requests for property being sold at fixed prices, to include approved
exchange/sale categories of property (see 101-46.303(b).
(ii) Screen property to be offered by fixed prices against
established ''want lists.''
(3) When requested property becomes available, interested State
agencies shall be advised of:
(i) The complete item description;
(ii) The condition of the item;
(iii) The item location;
(iv) Full information concerning inspection; and
(v) The fixed price established for the item.
(4) A reasonable period of time not to exceed 15 days shall be given
the State agency(s) to indicate its desire to purchase the item.
However, when more than one State agency has indicated interest in the
item, the sale will be on a ''first-come, first-served'' basis.
(55 FR 17610, Apr. 26, 1990)
101-45.305 (Reserved)
41 CFR 101-45.306 Contractor inventory.
Except for contractor inventory where retention by the contractor is
authorized by the terms of the contract, and after compliance with the
applicable requirements of 101-45.310, contractor inventory shall be
sold in the same manner as surplus personal property.
(53 FR 16121, May 5, 1988)
41 CFR 101-45.307 Proceeds from sales.
Section 201(c) of the Act, authorizes any executive agency to apply
the proceeds from sale of exchange/sale property in whole or in part
payment for similar items acquired for replacement purposes. Section
204(a) of the Act requires, except in certain specified instances, that
proceeds from sale of surplus personal property shall be covered into
the Treasury as miscellaneous receipts. The exceptions are where
property sold was originally acquired by funds not appropriated from the
general fund of the Treasury, or appropriated therefrom and by law
reimbursable from assessments, taxes, or other revenues; and where any
contract entered in to by any executive agency or any subcontract under
such contract authorizes the proceeds of any sale of contractor
inventory to be credited to the price or cost of the work covered by
such contract or subcontract. In these cases, the gross proceeds from
the sale of such property will be deposited by the selling agency or by
contractor or subcontractor to the reimbursable fund or appropriation or
paid to the Federal agency accountable for the property. In all other
cases, the gross proceeds from the sale of property will be deposited by
the selling agency to the Treasury as miscellaneous receipts.
Therefore, it is essential that the Standard Form 120, Report of Excess
Personal Property, or Standard Form 126, Report of Personal Property for
Sale, be properly completed to identify the appropriate appropriation or
fund symbol, title, and station deposit symbol or station account
number, or other manner in which payment is desired.
(31 FR 5001, Mar. 26, 1966)
101-45.308 (Reserved)
101-45.309 Special classes of property.
41 CFR 101-45.309-1 Agricultural commodities.
(a) Disposal by holding agencies. Surplus agricultural commodities,
surplus foods processed from agricultural commodities, and surplus
cotton or woolen goods may be disposed of in accordance with this part
101-45, without reference to the Department of Agriculture, in the
following instances:
(1) Where the quantity of such commodity or product in any one
location has an acquisition cost not in excess of $5,000.
(2) Where such commodity or product must be disposed of immediately
to prevent spoilage.
(3) Where the quantity to be sold during any month has an acquisition
cost not in excess of:
(i) Raw cotton, wheat and other grains, flour, leaf tobacco, and
cotton or woolen goods -- $300,000.
(ii) Meat, poultry and poultry products, peanuts, and other fats and
oils -- $50,000.
(iii) All other agricultural commodities and foods processed from
agricultural commodities -- $25,000.
(b) Required references to the Department of Agriculture. With
respect to quantities of surplus agricultural commodities, surplus foods
processed from agricultural commodities, and surplus cotton or woolen
goods, in excess of the amounts specified in this 101-45.309-1, holding
agencies shall obtain from the Agriculture Stabilization and
Conservation Service, Department of Agriculture:
(1) A determination, with appropriate instructions, that the
commodities or products should be transferred to the Department of
Agriculture for disposition as provided by section 203(h) of the Act.
Holding agencies accordingly may execute transfers without charge to the
Department of Agriculture; or
(2) A statement setting forth the conditions and prices which should
be used in the disposition of the commodities or products.
(30 FR 2930, Mar. 6, 1965, as amended at 43 FR 26579, June 21, 1978)
41 CFR 101-45.309-2 Dangerous property.
(a) General. No property shall be disposed of that is dangerous to
public health or safety without rendering innocuous such property or
providing adequate safeguards therefor.
(b) Explosives. For the purpose of this section, the term explosive
means any chemical compound, mixture, or device, the primary or common
purpose of which is to function by explosion. The term includes, but is
not limited to, dynamite and other high explosives, black powder, pellet
powder, initiating explosives, detonators, safety fuses, squibs,
detonating cord, igniter cord, igniters, and any other items appearing
in the explosives list promulgated by the Secretary of the Treasury (18
U.S.C. 841(d)). The explosives list is published and revised at least
annually in the Federal Register by the Director, Bureau of Alcohol,
Tobacco and Firearms, Department of the Treasury, pursuant to 27 CFR
55.23. The following procedures shall apply in any disposal of
explosives.
(1) All materials of the above classifications offered for sale shall
be properly identified in the offering with respect to their hazardous
characteristics.
(2) All the materials of the above classifications shall be labeled
by the holding agency prior to shipment so that their hazardous
characteristics will be immediately evident upon inspection.
(3) Purchasers of materials of the above classification shall be
required by the sales offering to execute the following certification:
It is hereby certified that the purchaser will comply with all
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 is
a user of, or dealer in, said materials capable of complying with all
applicable Federal, State, and local laws. 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.
(c) Ammunition components. The term ammunition components means
ammunition or cartridge cases, primers, bullets, or propellent powder
designed for use in any firearm.
(1) Usable ammunition components. Ammunition components sold as
usable property fall under the Gun Control Act of 1968, which requires
that purchasers be licensed to handle such property. So that bidders
will be notified of the special requirements concerning the purchase and
transportation of usable ammunition components, the following statements
shall be included in the invitation for bid and shall be made a part of
the contract by including in it the bid form to be submitted by the
bidder:
(i) Item No. ------ containing ammunition components offered for
sale in this invitation is subject to the requirements of the Gun
Control Act of 1968 (18 U.S.C. 921 et seq.) and any regulations issued
pursuant to such act. The undersigned represents, warrants, and
certifies that he will comply with such act and all other applicable
local, State, and Federal laws and regulations. His license(s)
number(s) is/are ------ .
(ii) The transportation of hazardous materials (primers or propellent
powder) is governed by the Hazardous Materials Regulations (49 CFR parts
170-189) promulgated by the Department of Transportation. Purchasers of
such materials are responsible to certify, based on their own
examination, that the materials are properly classified, described,
packaged, marked, and labeled and are in proper condition for
transportation in accordance with the Hazardous Materials Regulations.
Hazardous materials sold by the Department of Defense (DOD) in packings
not marked in accordance with the Hazardous Materials Regulations may be
shipped from DOD installations, provided DOD certifies that the packing
is equal to or greater in strength and efficiency than the packing
prescribed in the above regulations.
(2) Scrap ammunition components. Ammunition components not usable or
suitable for reuse as components of ammunition which are reported and
sold as scrap (for basic material content) do not fall under the Gun
Control Act of 1968. With regard to the sale of ammunition components
as scrap, the following statement shall be included in the invitation
for bid and shall be made a part of the contract:
I, , certify that ammunition components purchased by me as Item No.
---------- will not be used for the original manufactured purpose.
(30 FR 2930, Mar. 6, 1965, as amended at 41 FR 5097, Feb. 4, 1976;
53 FR 16121, May 5, 1988)
41 CFR 101-45.309-3 Demilitarization and decontamination.
(a) Dangerous material shall not be disposed of pursuant to this part
101-45 without first being demilitarized or decontaminated when a duly
authorized official of the executive agency concerned determines this
action to be in the interest of public health, safety, or security.
This may include rendering the property innocuous, stripping from it any
confidential or secret characteristics, or otherwise making it unfit for
futher use.
(b) Demilitarization or decontamination of property to be donated to
public bodies pursuant to subpart 101-44.7 shall be accomplished in a
manner so as to preserve so far as possible any civilian utility or
commercial value of the property.
(c) Except for those sales otherwise authorized by 101-45.309-2 or
other statutes, and for specialized sales authorized by the Secretary of
Defense, U.S. Munitions List items identified as requiring
demilitarization shall not be reported for public sale without first
being demilitarized or requiring demilitarization to be a part of the
terms and conditions of sale. GSA may refer technical questions on
demilitarization to the Department of Defense for advice.
(44 FR 27393, May 10, 1979)
41 CFR 101-45.309-4 Firearms.
Firearms may be disposed of at public sale only for scrap after total
destruction by crushing, cutting, breaking, or deforming to be performed
in a manner to assure that the firearms are rendered completely
inoperative and to preclude their being made operative.
41 CFR 101-45.309-5 Garbage.
All invitations to bid for removal of garbage from property occupied
or controlled by the Federal Government, unless specifically requiring
destruction by incineration, shall state that all bidders must comply
with basic requirements for sterilization prescribed by the Animal
Disease Eradication Division, Bureau of Animal Industry, Department of
Agriculture. In the interest of uniformity, the following provision
shall be included in all invitations to bid where garbage collected may,
under any circumstances, be fed to livestock or poultry:
Prior to award the bidder agrees to furnish a certification from an
Animal Disease Eradication Division representative of the U.S.
Department of Agriculture, that he possesses adequate and approved
garbage sterilization equipment. In the event of an acceptance of his
bid by the Government, the bidder warrants that all garbage received
under the contract will be sterilized not less than 30 minutes at 212
F. before being fed to livestock or poultry. The bidder agrees to
permit representatives of the Animal Disease Eradication Division of the
U.S. Department of Agriculture to make inspections at any time without
prior arrangements to determine that the garbage is heat treated in
accordance with the provision.
41 CFR 101-45.309-6 Controlled substances.
Surplus controlled substances which are not required to be destroyed
as provided in 101-45.903 may be offered for sale by sealed bid in
accordance with this subpart 101-45.3 provided:
(a) The invitation for bids shall:
(1) Consist only of surplus controlled substances;
(2) Require the normal bid deposit prescribed in 101-45.304-10;
(3) Be distributed only to bidders who are registered with the Drug
Enforcement Administration, Department of Justice, to manufacture,
distribute, or dispense the controlled substances for which the bid is
being submitted; and
(4) Contain the following special condition of sale:
The Bidder shall complete, sign, and return with his bid the
certificate as contained in this invitation. No award will be made or
sale consummated until after this agency has obtained from the Drug
Enforcement Administration, Department of Justice, verification that the
Bidder is registered to manufacture, distribute, or dispense those
controlled substances which are the subject of the award.
(b) The following certification shall be made a part of the
invitation for bids (and contract) to be completed and signed by the
bidder and returned with the bid:
The Bidder certifies that he is registered with the Drug Enforcement
Administration, Department of Justice, as a manufacturer, distributor,
or dispenser of the controlled substances for which bids are submitted
and that the registration number is ------ .
Name of bidder (print or type)
Signature of bidder
Address of bidder (print or type)
City State ZIP Code.
(c) As a condition precedent to making an award for surplus
controlled substances, the following shall be submitted to the Drug
Enforcement Administration, Department of Justice, Washington, DC 20537:
(1) The name and address of the bidder(s) to whom an award is
proposed to be made and the bidder(s) registration number(s);
(2) The name and address of both the holding activity and the selling
activity;
(3) A description of the controlled substances, how those substances
are packaged, and the quantity of substances proposed to be sold to the
bidder;
(4) The identification of the invitation for bids by its number and
time within which such bid(s) remains valid; and
(5) A request for advice as to whether the bidder is a registered
manufacturer, distributor, or dispenser.
(38 FR 8059, Mar. 28, 1973, as amended at 39 FR 44756, Dec. 27, 1974;
53 FR 16122, May 5, 1988)
41 CFR 101-45.309-7 Drugs, biologicals, and reagents other than
controlled substances.
Surplus drugs, biologicals, and reagents other than controlled
substances which are not required to be destroyed as provided in
101-45.903 may be offered for sale by sealed bid in accordance with the
provisions of this subpart 101-45.3: Provided, that the following
safeguards and instructions are observed to ensure stability, potency,
and suitability of the product and its labeling for use in civilian
channels:
(a) Prior to reporting the surplus drugs, biologicals, and reagents
to the selling agency pursuant to the provisions of 101-45.303, holding
agencies shall request that an examination be made by the Field
Scientific Coordination Staff, ACFA-CF-30, located in the appropriate
Food and Drug Administration (FDA) district office, of surplus unexpired
drugs and reagents, having an acquisition cost of $500 or more per
manufacturer's lot/batch number.
(1) When requesting such an examination, FDA requires the submission
of a list and one sample of each of the drugs to be examined.
(2) Additional samples may be requested if necessary for laboratory
examination. Reimbursement for examination of the surplus drugs or
reagents may be required by FDA. Before laboratory examinations are
undertaken, FDA will give the inquiring agency an estimate of the
expected costs. If, in accordance with subpart 101-45.9, the cost of
the quality assurance is not justified by the value of the material
involved, the lot or lots may be destroyed.
(3) The reporting document prescribed in 101-45.303(b) shall have
attached thereto a copy of the letter received by the reporting agency
from FDA stating that the articles offered have been reviewed and may
appropriately be distributed or sold, subject when necessary to
specified limitations.
(b) Surplus drugs, biologicals, and reagents normally shall not be
physically transferred to the selling agency but should remain at the
holding agency for precautionary and safety measures.
(c) Surplus drugs, biologicals, and reagents shall be sold only to
those persons who are legally qualified to engage in the sale or
distribution of such items.
(d) Sales of surplus drugs, biologicals, and reagents other than
controlled substances shall be processed as follows:
(1) The invitation for bids shall:
(i) Consist only of surplus drugs, biologicals, and reagents;
(ii) Contain the expiration date of material being offered for sale;
(iii) Describe the composition of the material being offered for
sale;
(iv) Require the normal bid deposit prescribed in 101-45.304-10;
and
(v) Contain the following special condition of sale:
The Bidder shall complete, sign, and return with his bid the
certification as contained in this invitation. No award will be made or
sale consummated until after this agency has determined that the Bidder
is legally licensed to engage in the manufacture, sale, or distribution
of drugs.
(2) The following certification shall be made a part of the
invitation for bids (and contract), to be completed and signed by the
bidder, and returned with the bid:
The Bidder certifies that he is legally licensed to engage in the
manufacture, sale, or distribution of drugs, and proof of his license to
deal in such materials is furnished with this bid.
Name of bidder (print or type)
Signature of bidder
Address of bidder (print or type)
City State ZIP Code
(35 FR 9281, June 13, 1970, as amended at 38 FR 8059, Mar. 28, 1973;
53 FR 16122, May 5, 1988)
41 CFR 101-45.309-8 Bedding and upholstered furniture.
(a) Requirements under State law placed on the purchase and resale of
used bedding and upholstered furniture vary from State to State. Some
of the restrictions are:
(1) Requirement for sterilization and disinfection of used or
second-hand bedding; (2) requirement for an annual license or
registration fee as a supply dealer or renovator; (3) option of using
stamps or a stamp exemption permit; and (4) requirement for the
manufacturer's or vendor's name and address on the tag. Purchasers of
Government surplus bedding and upholstered furniture normally are
advised to comply with applicable State laws relating to the resale or
reuse of such items.
(b) Procedures and instructions are provided herein for selling
agencies to assist State health agencies by advising purchasers of
surplus bedding and upholstered furniture to comply with State
sanitation standards.
(c) The following terms have the meaning set forth in this
101-45.309-8:
(1) Bedding. Any box spring, comforter, cushion, davenport, hammock
pad, lounge, mattress, mattress pad, mattress protector, pillow, quilt,
quilted pad, sleeping bag, sofa, studio couch, or upholstered spring bed
used for sleeping, resting, or reclining purposes.
(2) Upholstered furniture. Any article of furniture, wholly or
partially stuffed or filled with any concealed material, which is
intended for use for sitting, resting, or reclining purposes.
(3) Filling material. African fibre, bamboo, cotton, down,
excelsior, feathers, felted cotton, fibre, foam rubber, hair, husks,
jute, kapok, Louisiana tree moss, sea moss, shoddy, wool, or any other
soft material.
(d) Surplus bedding and upholstered furniture which are considered to
be detrimental to public health or safety shall be destroyed in
accordance with the provisions of subpart 101-45.5.
(e) Surplus bedding and upholstered furniture will be sold in
accordance with 101-45.304 and this 101-45.309-8.
(f) Sales of surplus bedding material and upholstered furniture shall
be processed as follows:
(1) The invitation for bids shall include information advising
purchasers of surplus bedding and upholstered furniture to comply with
the State laws pertaining to sterilization, resale, and reuse of such
items and filling materials as required by State laws.
(2) The invitation for bids shall contain a notice to bidders
substantially as follows:
Mattresses, Bedding, or Upholstered Furniture. For any mattresses,
bedding, or upholstered furniture offered in this invitation, the
purchaser is advised to procure and affix tags, labels, or stamps
required by law or otherwise to comply with the State laws pertaining to
sterilization, resale, and reuse of such items and filling material as
required by State law.
(3) Selling agencies shall be required to provide the State health
agency for the State in which a successful bidder maintains its
business, with a written notice of such sale to include the name and
address of the purchaser and the types, quantities, and locations of the
articles sold. A copy of the award document or similar notification
would serve the purpose.
(4) A list of State health agencies to receive information on sales
of surplus bedding and upholstered furniture is provided in
101-45.4808.
(34 FR 8164, May 24, 1969, as amended at 42 FR 40854, Aug. 12, 1977)
41 CFR 101-45.309-9 Gold.
(a) Gold will be sold in accordance with 101-45.304 and this
101-45.309-9.
(b) Sales of gold shall be processed to:
(1) Use the sealed bid method of sale;
(2) Require a 20 percent bid deposit;
(3) Certify all forms of bid deposit and payments; and
(4) Include in the invitation for bids only gold and such other
precious and semiprecious materials as may be available for sale at that
time.
(c) Each agency generating scrap gold and also having a continuing
need for fine gold may arrange for the acceptance of scrap gold for fine
gold with a private contractor or the Defense Logistics Agency in
accordance with 101-10.1004, Recovery and use of precious metals
through the DOD Precious Metals Recovery Program.
(40 FR 33216, Aug. 7, 1975, as amended at 53 FR 16122, May 5, 1988)
41 CFR 101-45.309-10 Safes and locking file cabinets.
Safes and locking file cabinets shall not be accepted for sale in a
locked condition, and no safe or locking file cabinet shall be offered
for sale pursuant to this part 101-45 unless empty and unlocked. When
available, combinations should be taped and/or keys strapped to the
outside front of the safe or cabinet.
(41 FR 5097, Feb. 4, 1976)
41 CFR 101-45.309-11 Certified and noncertified electronic products.
(a) For the purpose of this section certified electronic product
means any surplus or exchange/sale electronic product which bears the
manufacturer's certification label or tag (21 CFR 1010.2) indicating
that the product meets applicable radiation safety performance standards
prescribed by the Food and Drug Administration under 21 CFR part 1000.
''Noncertified electronic products'' are electronic products of a type
subject to but manufactured before the effective date of such FDA
performance standards; for example, an old model TV set or an
electronic product which has been exempted from an applicable standard
and is so labeled.
(b) The sale of the following certified and noncertified
exchange/sale and surplus electronic products which are not required for
transfer or donation shall be accomplished in accordance with the
provisions of 101-45.304 and the special conditions of sale in this
101-45.309-11:
(1) Noncertified color and black and white television receivers;
(2) Noncertified microwave ovens;
(3) Certified and noncertified diagnostic X-ray systems and their
major components;
(4) Certified and noncertified cabinet X-ray systems;
(5) Noncertified laser products;
(6) Noncertified cold-cathode gas discharge tubes under conditions of
scrap or salvage; and
(7) Any other noncertified electronic product for which FDA may
promulgate a performance standard.
(c) The invitations for bids shall contain a notice to bidders
substantially as follows:
Purchasers are warned that the item purchased herewith may not be in
compliance with Food and Drug Administration radiation safety
performance standards prescribed under 21 CFR part 1000, and use may
constitute a potential for personal injury unless modified. The
purchaser agrees that the Government shall not be liable for personal
injuries to, disabilities of, or death of the purchaser, the purchaser's
employees, or to any other person arising from or incident to the
purchase of this item, its use, or disposition. The purchaser shall
hold the Government harmless from any or all debts, liabilities,
judgments, costs, demands, suits, actions, or claims of any nature
arising from or incident to the purchaser or resale of this item. The
purchaser agrees to notify any subsequent purchaser of this property of
the potential for personal injury in using this item without a radiation
survey to determine the acceptability for use and/or modification to
bring it into compliance with the radiation safety performance standard
prescribed for the item under 21 CFR part 1000.
(d) Within 30 calendar days following award, the selling agency shall
provide the State radiation control agency for the State in which the
buyer is located (see 101-45.4809) with a written notice of the award
that includes the name and address of the purchaser and the description
of the item sold.
(42 FR 24052, May 12, 1977, as amended at 42 FR 40854, Aug. 12, 1977)
41 CFR 101-45.309-12 Vehicle reconditioning.
(a) For the purpose of this section, vehicle reconditioning means
restoring or improving the appearance of any motorized passenger or
cargo vehicle designed primarily for highway use that is to be disposed
of through surplus or exchange/sale procedures to the general public.
(b) To produce the maximum net proceeds, holding agencies shall
determine, prior to sale, the appropriate level of reconditioning
commensurate with the estimated fair market value of each vehicle
scheduled for sale.
(c) Holding agencies shall arrange for the reconditioning to be
accomplished just prior to the dates scheduled for public inspection and
sale.
(d) For all motor vehicles above salvage condition or value, the
minimum level of reconditioning required is as follows:
(1) Driver and passenger compartment. (i) Remove debris; (ii)
vacuum floors and seats; (iii) clean dashboard, instrument panel,
armrests, door panels, and rear shelf; (iv) remove Government stickers
or decals without marring surface; (v) clean ashtrays and glove
compartment; and (vi) wash windows.
(2) Trunk. (i) Remove debris; (ii) vacuum; and (iii) position
spare tire and tools.
(3) Engine compartment. (i) Remove debris; (ii) replenish
lubricants and coolant to required levels and replace missing
caps/covers; and (iii) charge battery, if necessary.
(4) Exterior. (i) Remove Government stickers or decals without
marring paint finish; (ii) wash exterior, including glass, door jambs,
tires, and wheel rims/covers; and (iii) inflate tires to recommended
pressure.
(e) Additional reconditioning of selected motor vehicles should be
considered when such action is expected to substantially improve the
return on the sale of a vehicle. Generally, a return of $2.00 for each
dollar invested should be estimated to justify additional
reconditioning. Additional reconditioning should include some or all of
the following:
(1) Driver and passenger compartment. (i) Shampoo seats, dashboard,
headliner, door panels, and floor covering; (ii) spray-dye floor
carpets and mats; (iii) polish where appropriate; (iv) apply
vinyl/rubber reconditioners where appropriate; and (v) replace missing
knobs, nameplates, and light lenses and/or bulbs.
(2) Trunk. (i) Wash interior surface; and (ii) Spray-dye mats.
(3) Engine compartment. (i) Clean major surface areas (air cleaner
cover, battery, etc.); (ii) wash or steam clean, when necessary; (iii)
replace air and fuel filters; and (iv) make minor adjustments and/or
replacements to engine systems (electrical, fuel, cooling, etc.) to
ensure that the vehicle will start and idle correctly during inspection
by prospective purchasers.
(4) Exterior. (i) Rotate tires, including the spare, to ensure that
the best tires are displayed on the vehicle. Properly inflate, clean,
and apply rubber conditioner or black tire paint to all tires; (ii)
wash and blacken wheel splash shields; (iii) apply touch-up paint to
nicks and scratches; (iv) wax and polish; (v) replace missing or
damaged molding, nameplates, lenses, caps, mirrors, antennas, and wheel
covers; (vi) repaint exterior of vehicle to original factory color if
scrapes, dings, etc., are excessive; (vii) repair minor body damage;
(viii) apply decorative molding and/or striping to add eye appeal; and
(ix) obtain State safety and/or emission control inspections, if
required.
(f) Reconditioning, when possible, should be accomplished no earlier
than the calendar week prior to the scheduled sale date.
(g) Agencies should contact the nearest GSA Federal Supply Service
Bureau office for information regarding the availability of
reconditioning services.
(h) The expense of reconditioning is the responsibility of the
holding agency.
(55 FR 19737, May 11, 1990)
41 CFR 101-45.310 Antitrust laws.
Whenever an award is proposed to any private interest of personal
property with an estimated fair market value of $3,000,000 or more, or
of a patent, process, technique, or invention, irrespective of cost, the
selling agency shall promptly notify the Attorney General and the
Administrator of General Services, simultaneously, of the proposed
disposal and the probable terms and conditions thereof. Upon request by
the Attorney General, the agency shall furnish or cause to be furnished
to the Attorney General such additional information as the agency may
possess concerning the proposed disposition. The Attorney General will
advise the agency and the Administrator of General Services within a
reasonable time, in no event to exceed 60 days after receipt of such
notification, whether, so far as the he can determine, the proposed
disposition would tend to create or maintain a situation inconsistent
with the antitrust laws. The agency shall not effect disposition until
it has received such advice. The agency shall include in the
notification transmitted to the Attorney General and the Administrator
of General Services, the following information:
(a) Location and description of property (specifying the tonnage, if
scrap).
(b) Proposed sale price of property (explaining the circumstances, if
proposed purchaser was not highest bidder).
(c) Acquisition cost of property to Government.
(d) Manner of sale, indicating whether by:
(1) Sealed bid (specifying numbers of purchasers solicited and bids
received);
(2) Auction or spot bid (stating how sale was advertised); or
(3) Negotiation (explaining why property was not offered for sale by
competitive bid).
(e) Proposed purchaser's name, address, and trade name (if any) under
which it is doing business.
(f) If a corporation, give name of State and date of incorporation,
and name and address of:
(1) Each holder of 25 percent or more of the corporate stock;
(2) Each subsidiary; and
(3) Each company under common control with proposed purchaser.
(g) If a partnership, give:
(1) Name and address of each partner;
(2) Other business connections of each partner.
(h) Nature of proposed purchaser's business, indicating whether its
scope is local, statewide, regional, or national.
(i) Estimated dollar sales volume of proposed purchaser (as of latest
calendar or fiscal year).
(j) Estimated net worth of proposed purchaser.
(k) Proposed purchaser's intended use of property.
(30 FR 2930, Mar. 6, 1965, as amended at 54 FR 38676, Sept. 20, 1989)
41 CFR 101-45.311 Assistance in controlling unauthorized transport of
property.
In order to help alleviate the problems associated with unauthorized
transport of property sold by the Government, and to assist the
Interstate Commerce Commission in improving control of transportation
for hire, the following information shall be made known to all
purchasers and shall be included as a ''Special Instruction to Bidders''
in all formal invitations requesting bids or offers for the sale of
personal property:
Attention is invited to the fact that the Interstate Commerce Act
makes it unlawful for anyone other than those duly authorized pursuant
to that Act to transport this property in interstate commerce for hire.
Anyone aiding or abetting in such violation is a principal in committing
the offense (49 U.S.C. 301-327 and 18 U.S.C. 2).
101-45.312 (Reserved)
41 CFR 101-45.313 Procedures and forms concerning contingent or other fees for soliciting or securing contracts.
41 CFR 101-45.313-1 Purpose.
For the purpose of promoting uniformity among executive agencies with
respect to the required use of the ''covenant against contingent fees''
and with respect to the procedure for obtaining information concerning
contingent or other fees paid by contractors for soliciting and securing
Government contracts, the Department of Defense and GSA have developed
cooperatively and agreed upon the required use of the ''covenant against
contingent fees'' and the form, procedure, principles, and standards
described in this section.
41 CFR 101-45.313-2 Objectives and methods.
(a) Objectives. The requirements of 101-45.313 have as their
objective the prevention of improper influence in connection with the
obtaining of Government contracts, the elimination of arrangements which
encourage the payment of inequitable and exorbitant fees bearing no
reasonable relationship to the services actually performed, and
prevention of the reduction in return to the Government which inevitably
results therefrom. Improper influence means influence, direct or
indirect, which induces or intends to induce consideration or action by
any employee or officer of the United States with respect to any
Government contract on any basis other than the merits of the matter.
(b) Methods. The methods used to achieve the above objectives stated
in paragraph (a) of this section are the requirement for disclosure of
the details of arrangements under which agents represent concerns in
obtaining Government contracts, and the prohibiting, by use of the
covenant against contingent fees, of certain types of contractor-agent
arrangements. The Criminal Code will apply in any case involving actual
criminal conduct.
41 CFR 101-45.313-3 Representation and covenant.
(a) Representation. Except as provided in 101-45.313-7, each
selling agency shall inquire of and secure a written representation from
prospective purchasers as to whether they have employed or retained any
company or person (other than a full-time employee working solely for
the prospective purchaser) to solicit or secure the contract, and shall
secure a written agreement to furnish information relating thereto as
required by the sales contracting officer. The form of such
representation shall be that contained in Standard Form 114, Sale of
Government Property -- Bid and Award (illustrated in 101-45.4901-114).
(b) Covenant. Selling agencies shall include in every negotiated or
advertised contract for the sale of Government-owned personal property
the ''covenant against contingent fees'' as contained in the Standard
Form 114C, General Sale Terms and Conditions (illustrated in
101-45.4901-114C).
(42 FR 40854, Aug. 12, 1977)
41 CFR 101-45.313-4 General principles and standards applicable to the
covenant.
(a) Use of principles and standards. The principles and standards
set forth in this 101-45.313-4 are intended to be used as a guide in
the negotiation, awarding, administration, or enforcement of Government
contracts.
(b) Contingent character of the fee. Any fee whether called
commission, percentage, brokerage, or contingent fee, or otherwise
denominated, is within the purview of the covenant if, in fact, any
portion thereof is dependent upon success in obtaining or securing the
Government contract or contracts involved. The fact, however, that a
fee of a contingent nature is involved does not preclude a relationship
which qualifies under the exceptions to the prohibition of the covenant.
(c) Exceptions to the prohibition. There are excepted from the
prohibition of the covenant ''bona fide employees'' and ''bona fide
established commercial or selling agencies maintained by the contractor
for the purpose of securing business.''
(d) Bona fide employee. (1) The term bona fide employee, for the
purpose of the exception to the prohibition of the covenant, means an
individual (including a corporate officer) employed by a concern in good
faith to devote his full time to such concern and no other concern and
over whom the concern has the right to exercise supervision and control
as to time, place, and manner of performance of work.
Note: It is recognized that a concern, especially a small business
concern, may employ an individual who represents other concerns. The
factors set forth in 101-45.313-4(e)(2), except (iv), shall be applied
to determine whether such an individual comes within the exception to
the prohibition of the covenant.
(2) The hiring must contemplate some continuity and it may not be
related only to the obtaining of one or more specific Government
contracts.
(3) An employee is not ''bona fide'' who seeks to obtain any
Government contract or contracts for his employer through the use of
improper influence or who holds himself out as being able to obtain any
Government contract or contracts through improper influence.
(4) A person may be a bona fide employee whether his compensation is
on a fixed salary basis, or when customary in the trade, on a
percentage, commission, or other contingent basis or a combination of
the foregoing.
(e) Bona fide established commercial or selling agency maintained by
the contractor for the purpose of securing business. (1) An agency or
agent is not ''bona fide'' which seeks to obtain any Government contract
or contracts for its principals through the use of improper influence or
which holds itself out as being able to obtain any Government contract
or contracts through improper influence.
(2) In determining whether an agency is a ''bona fide established
commercial or selling agency maintained by the contractor for the
purpose of securing business,'' the factors set forth below shall be
considered. They are necessarily incapable of exact measurement or
precise definition and it is neither possible nor desirable to prescribe
the relative weight to be given any single factor as against any other
factor or as against all other factors. The conclusions to be reached
in a given case will necessarily depend upon a careful evaluation of the
agreement and other attendant facts and circumstances.
(i) The fees charged should not be inequitable and exorbitant in
relation to the services actually rendered. That is, the compensation
should be commensurate with the nature and extent of the services and
should not be excessive as compared with the fees customarily allowed in
the trade concerned for similar services related to commercial
(non-Government) business. In evaluating reasonableness of the fee,
there should be considered services of the agent other than actual
solicitation, as for example, technical, consultant, or managerial
services, and assistance in the procurement of essential personnel,
facilities, equipment, materials, or subcontractors for performance of
the contract.
(ii) The selling agency should have adequate knowledge of the
products and the business of the concern represented, as well as other
qualifications necessary to sell the products or services on their
merits.
(iii) There should ordinarily be a continuity of relationship between
the contractor and the agency. The fact that the agency has represented
the contractor over a considerable period of time is a factor for
favorable consideration. It is not intended, however, to disqualify
newly established contractor-agency relationships where a continuing
relationship is contemplated by the parties.
(iv) It should appear that the agency is an established concern. The
agency may be either one which has been in business for a considerable
period of time or a new agency which is a presently going concern and
which is likely to continue in business as a commercial or selling
agency in the future. The business of the agency should be conducted in
the agency name and characterized by the customary indicia of the
conduct of a regular business.
(v) The fact that a selling agency confines its selling activities to
the field of Government contracts does not, in and of itself, disqualify
it under the covenant. The fact, however, that the selling agency is
employed to secure business generally, that is, to represent the concern
in connection with sales to the Government, as well as regular
commercial sales to non-Government activities, is a factor entitled to
favorable consideration in evaluating the case as one coming within the
authorized exception. Arrangements confined, however, to obtaining
Government contracts, particularly those involving a selling agency
organized immediately prior to or during periods of expanded procurement
resulting from conditions of national emergency, must be closely
scrutinized.
(f) Fees for ''information.'' Contingent fees paid for
''information'' leading to obtaining a Government contract or contracts
are included in the prohibition and, accordingly, are in breach of the
covenant unless the agent qualified under the exception as a bona fide
employee or a bona fide established commercial or selling agency
maintained by the contractor for the purpose of securing business.
41 CFR 101-45.313-5 Standard Form 119, Contractor's Statement of
Contingent or Other Fees.
Pursuant to the Act and in furtherance of the purpose and objectives
stated in sections 1 and 3 thereof, Standard Form 119, shall be used in
accordance with the provisions of this 101-45.313.
41 CFR 101-45.313-6 Use of Standard Form 119, Contractor's Statement of
Contingent or Other Fees.
(a) Required use. Except as provided in 101-45.313-7, Standard Form
119 shall be used, without deviation, whenever either part of the
inquiry provided for in 101-45.313-3(a) with respect to contingent fees
is answered in the affirmative. The form shall be used also, without
deviation, in any other case where an agency desires to obtain such
information. When, after use of the form, further information is
required, it may be obtained in any appropriate manner. Submission of
the form shall be required, normally, only of successful bidders and
contractors.
(b) Statement in lieu of form. Any bidder who has previously
furnished a Standard Form 119 to the office issuing the invitation or
negotiating the contract may be permitted to accompany his bid with, or
submit in connection with the proposed contract, a signed statement
indicating when such completed form was previously furnished,
identifying by number the previous invitation or contract in connection
with which such form was submitted; and representing that the
statements in such previously furnished form are applicable to such
subsequent bid or contract. In such case, submission of an additional
completed Standard Form 119 need not be required.
41 CFR 101-45.313-7 Exceptions.
The inquiry and agreement specified in 101-45.313-3(a) need not be
made and submission of Standard Form 119 need not be requested in
connection with any of the following:
(a) Any advertised contract in which the aggregate amount involved
does not exceed $25,000.
(b) Any negotiated contract in which the aggregate amount involved
does not exceed $5,000.
(c) Contracts to be made in foreign countries.
(d) Any other contracts, individually or by class, of the Department
of Defense, designated by the Secretary, Under Secretary, or Assistant
Secretary of a military department. (Reports of any such exceptions
shall be filed promptly with the Administrator of General Services.)
(30 FR 2930, Mar. 6, 1965, as amended at 35 FR 12121, July 29, 1970)
41 CFR 101-45.313-8 Enforcement.
(a) Failure or refusal to furnish representation and agreement. Each
selling agency shall take the necessary steps to assure that the
indicated successful bidder or proposed contractor has furnished a
representation (negative or affirmative) and agreement as prescribed in
101-45.313-3.
(1) If the indicated successful bidder makes such representation in
the negative such representation may be accepted and award made or offer
accepted in accordance with established procedure.
(2) If the indicated successful bidder or proposed contractor makes
such representation in the affirmative, a completed Standard Form 119
shall be requested from the bidder or proposed contractor. In the case
of formal advertising, the making of an award in accordance with
established procedure need not be delayed pending receipt of the form.
In the case of negotiation, if the proposed contractor makes such
representation in the affirmative, he shall be required to file a
completed Standard Form 119 prior to acceptance of the offer or
execution of the contract unless the head of the executive agency
(including for this purpose, any military department) concerned, or his
authorized representative, considers that the interest of the Government
will be prejudiced by the suspension of negotiations pending receipt and
consideration of an executed Standard Form 119.
(3) If the indicated successful bidder or proposed contractor fails
to furnish the representation and agreement, such failure shall be
considered a minor informality and, prior to award, such bidder or
proposed contractor shall be afforded a further opportunity to furnish
such representation and agreement. A refusal or failure to furnish such
representation and agreement, after such opportunity has been afforded,
shall require rejection of the bid or offer.
(b) Failure or refusal to furnish Standard Form 119. If the
successful bidder or contractor, upon request, refuses or fails to
furnish a completed Standard Form 119, or a statement in lieu thereof as
provided in 101-45.313-6, the selling agency concerned shall take one
or more of the following actions, or other action, as may be
appropriate:
(1) If an award has not been made or offer accepted, determine
whether the bid or offer should be rejected.
(2) If the contract has been awarded or the offer accepted, determine
what action shall be taken, such as making an independent investigation
or considering the eligibility of the contractor as a future contractor
in accordance with established procedure.
(c) Misrepresentations or violations of the covenant against
contingent fees. In case of misrepresentation, or violation or breach
of the covenant against contingent fees, or some other relevant
impropriety, the selling agency concerned shall take one or more of the
following actions, or other action, as may be appropriate:
(1) If an award has not been made, or offer has not been accepted,
determine whether the bid or offer should be rejected.
(2) If an award has been made or offer has been accepted, take action
to enforce the covenant in accordance with its terms, that is, as the
best interests of the Government may appear, annul the contract without
liability or recover the amount of the fee involved.
(3) Consider the future eligibility as a contractor of the bidder or
contractor in accordance with established procedure.
(4) Determine whether the case should be referred to the Department
of Justice in accordance with established procedure with respect to
determining matters of fraud or criminal conduct.
41 CFR 101-45.313-9 Preservation of records.
Selling agencies shall preserve, for enforcement or report purposes,
at least one executed copy of any representation and completed Standard
Form 119, together with a record of any other pertinent data, including
data as to action taken.
41 CFR 101-45.314 Federal excise taxes.
Federal manufacturers' and retailers' excise taxes are not applicable
to the sale or other disposal by the Government of personal property or
the disposal of contractor inventory. Federal manufacturers' excise
taxes do not apply to subsequent sales, including uses, by purchasers of
Government property and contractor inventory. Federal retailers' excise
taxes apply to subsequent sales, but not to subsequent uses by the
purchasers unless the subsequent sale is made for resale and a
certificate of resale is obtained. The foregoing does not apply to
gasoline, and holding agencies shall make appropriate arrangements with
the Internal Revenue Service with respect to the disposal thereof.
Questions relating to the applicability of Federal excise taxes arising
from the disposal of property or contractor inventory should be referred
to the Internal Revenue Service.
41 CFR 101-45.315 Equal Opportunity clause in contracts.
The Equal Opportunity clause prescribed by Executive Order 11246 of
September 24, 1965 (30 FR 12319, 12935) (as amended by Executive Order
11375 of October 13, 1967 (32 FR 14303)), as set forth in 101-45.4807,
shall be included in all contracts for the sale of personal property
when the contract exceeds $10,000, and an appreciable amount of work by
the purchaser required by or for the Government is involved. When a
sale is planned and the probability exists that the foregoing conditions
will be present, the Equal Opportunity clause shall be included in the
contract provisions of the invitation as a special condition of sale.
(42 FR 40854, Aug. 12, 1977)
101-45.316 (Reserved)
41 CFR 101-45.317 Noncollusive bids and proposals.
(a) Condition No. 20 of the General Sale Terms and Conditions,
Standard Form 114C, contains the certification of independent price
determination. This condition is applicable to all invitations for bids
and requests for proposals or quotations providing for the sale of
personal property, except fixed price sale under section 203(e)(5) of
the Act.
(b) The authority to make determinations described in paragraph (d)
of Condition No. 20 of the General Sale Terms and Conditions, Standard
Form 114C, shall not be delegated to an official below the level of the
head of a selling activity of the agency.
(c) Where a certification is suspected of being false or there is an
indication of collusion, the matter shall be referred to the Department
of Justice as provided in 101-45.107-1.
(31 FR 9542, July 14, 1966, as amended at 35 FR 12121, July 29, 1970)
41 CFR 101-45.318 Identical bids.
In addition to complying with the requirements of 101-45.316 and
101-45.317, when an invitation for bids for the sale of personal
property results in the submission of identical bids, consideration
shall be given to whether adequate prime competition was obtained.
Whether there is adequate price competition for a given sale is a matter
of judgment to be based on the circumstances of the sale. If the
circumstances do not permit a reasonable determination that the price
competition was adequate, the sale should be resolicited.
(36 FR 12297, June 30, 1971)
41 CFR 101-45.318 Subparts 101-45.4 -- 101-45.5 (Reserved)
41 CFR 101-45.318 Subpart 101-45.6 -- Debarred, Suspended, and Ineligible Contractors
41 CFR 101-45.600 Scope of subpart.
This subpart prescribes policies and procedures governing the
debarment or suspension of contractors for contracts involving the sale
by the Government of personal property.
(50 FR 41145, Oct. 9, 1985)
41 CFR 101-45.601 Policy.
(a) Agencies shall solicit offers from, award contracts to, and
consent to subcontracts only with responsible contractors, as defined by
Federal Acquisition Regulation (FAR) 9.104-1.
(b) The policies, procedures, and requirements of FAR subpart 9.4 are
incorporated by reference and made applicable to contracts for, and to
contractors who engage in the purchase of Federal personal property.
(c) The debarment or suspension of a contractor from the purchase of
Federal personal property has Governmentwide effect and precludes any
agency from entering into a contract for purchase of personal property
with that contractor unless the agency's head or a designee responsible
for the disposal action determines that there is a compelling reason for
such action. (See FAR 9.405(a).)
(d) When the debarring/suspending official has authority to
debar/suspend contractors from both contracts for the purchase of
Federal personal property pursuant to FPMR 101-45.6 and acquisition
contracts pursuant to FAR 9.4, that official shall consider
simultaneously debarring/suspending the contractor from the purchase of
Federal personal property and the award of acquisition contracts. When
debarring/suspending a contractor from the purchase of Federal personal
property and the award for acquisition contracts, the
debarment/suspension notice shall so indicate and the appropriate FPMR
and FAR citations shall be included.
(50 FR 41145, Oct. 9, 1985)
41 CFR 101-45.602 Listing debarred or suspended contractors.
(a) Contractors which have been debarred or suspended by agency
debarring/suspending officials will be included on the Consolidated List
of Debarred, Suspended, and Ineligible Contractors (FAR 9.404) in
accordance with the procedures established at FAR 9.404.
(b) Agencies shall establish procedures for the use of the
consolidated list to ensure that the agency does not solicit offers
from, award contracts to, or consent to subcontracts with listed
contractors, except as provided in FAR 9.405(a).
(50 FR 41146, Oct. 9, 1985)
41 CFR 101-45.602 Subpart 101-45.7 -- Submission of Bids
Source: 37 FR 24666, Nov. 18, 1972, unless otherwise noted.
41 CFR 101-45.700 Scope of subpart.
This subpart prescribes policies and methods relating to bids
submitted in advertised sales of Government personal property and
includes the treatment of late bids received in connection with such
sales.
41 CFR 101-45.701 Responsiveness of bids.
(a) To be considered for award, a bid must comply in all material
respects with the invitation for bids so that, both as to the method and
timeliness of submission and as to the substance of any resulting
contract, all bidders may stand on an equal footing and the integrity of
the formal advertising system may be maintained.
(b) Telegraphic or telephonic bids shall not be considered unless
otherwise provided in the invitation for bids. (See 101-45.4901-114C,
item No. 3 entitled ''Consideration of Bids.'') The term ''telegraphic
bids'' includes bids submitted by telegram or by mailgram. The
following statement should be included in all invitations for bids:
''The terms 'telegraphic bid' and 'telegraphic notice' include bids and
notices by telegram or by mailgram.''
(c) Bids shall be filled out, executed, and submitted in accordance
with the instructions contained in the invitation for bids. If a bidder
uses his own bid form or a letter to submit a bid, the bid may be
considered only if (1) the bidder accepts all the terms and conditions
of the invitation for bids and (2) award on the bid would result in a
binding contract, the terms and conditions of the invitation.
(37 FR 24666, Nov. 18, 1972, as amended at 43 FR 11820, Mar. 22,
1978)
41 CFR 101-45.702 Time of bid submission.
Bids shall be submitted so as to be received by the contracting
officer not later than the exact time set for opening of bids. When
telegraphic bids are authorized and such a bid is received by telephone
from the receiving telegraph office not later than the time set for
opening of bids, it shall be considered only if the bid is confirmed by
receipt of a copy of the telegram or mailgram which formed the basis for
the telephone call.
(43 FR 11821, Mar. 22, 1978)
101-45.703 Late bids.
41 CFR 101-45.703-1 General.
Bids received by the contracting officer after the exact time set for
bid opening are late bids. (See 101-45.4904-1-114C-1,
101-45.4901-114C-2, and 101-45.4901-114C-3 for item entitled
''Consideration of late Bids, Modifications, or Withdrawals.'') Late
bids shall not be considered for award except as authorized in this
101-45.703.
(42 FR 40854, Aug. 12, 1977)
41 CFR 101-45.703-2 Consideration for award.
(a) A late bid shall be considered for award only:
(1) In the instance of sealed bid sales, if the bid submitted by mail
was received by the contracting officer prior to award, was mailed and,
in fact, delivered to the address specified in the invitation in
sufficient time to have been received by the contracting officer by the
time and date set forth in the invitation for opening of bids, and
except for delay attributable to personnel of the sales office or their
designees would have been received on time; or
(2) In the instance of spot bid and auction sales, if the bid
submitted by mail (where authorized) was received by the contracting
officer after the time and date set forth in the invitation for receipt
of bids but before the time set for the start of the sale, and was
mailed and, in fact, delivered to the address specified in the
invitation in sufficient time to have been received by the contracting
officer by the time and date set forth in the invitation for receipt of
bids, and except for delay attributable to personnel of the sales office
or their designees would have been received on time.
(b) The only evidence acceptable to establish timely receipt of bids
at the address designated in the invitation for bids is documentary
evidence of receipt at such address within the control of the selling
agency. Such evidence could be a date or time stamp, or a log entry.
41 CFR 101-45.703-3 Telegraphic bids.
A late bid submitted by telegraph (where authorized) received before
award shall not be considered for award regardless of the cause of the
late receipt, including delays caused by the telegraph company, except
for a telegraphic bid delayed solely because of mishandling on the part
of the Government in its transmittal to the office designated in the
invitation for bids for the receipt of bids.
41 CFR 101-45.703-4 Handcarried bids.
A late handcarried bid or any other late bid not submitted by mail,
telegram, or mailgram shall not be considered for award.
(43 FR 11821, Mar. 22, 1978)
41 CFR 101-45.703-5 Disposition of late bids.
A late bid which is not for consideration shall be returned to the
bidder as promptly as possible (unless other disposition is requested or
agreed to by the bidder). However, an unidentified late bid may be
opened solely for the purpose of identification and then only by the
contracting officer or his authorized representative. Late bids opened
for identification purposes or by mistake shall be resealed in the
envelope. The contracting officer or his authorized representative
shall immediately write on the envelope his signature and position, date
and time opened, invitation for bids number, and an explanation of the
opening. No information contained therein shall be disclosed to anyone.
41 CFR 101-45.703-6 Records.
To the extent available, the following information shall be included
in the contract case files with respect to each late bid:
(a) A statement of the date and hour of mailing or filing;
(b) A statement of the date and hour of receipt;
(c) A mechanical reproduction of the envelope, or other covering, if
the late bid was returned, in lieu of paragraphs (a) and (b) of this
section;
(d) The determination of whether the late bid was considered for
award, with supporting facts;
(e) A statement of the disposition of the late bid; and
(f) The envelope, or other covering, if the late bid was considered
for award.
41 CFR 101-45.704 Modification or withdrawal of bids.
(a) Bids may be modified or withdrawn by written or telegraphic
notice received by the contracting officer not later than the exact time
set for opening of bids (in the instance of sealed bid sales) or not
later than the exact time set for the receipt of mailed-in or
telegraphic bids (in the instance of spot bid and auction sales where
such bids are authorized). A telegraphic modification or withdrawal of
a bid received by telephone from the receiving telegraph office not
later than the time set for opening of bids shall be considered only if
the message is confirmed by receipt of a copy of the written telegram or
mailgram which formed the basis for the telephone call. Modifications
received by telegram or mailgram (including a record of those telephoned
by the telegraph company) shall be sealed in an envelope by a proper
official who shall write thereon the date and time of receipt and by
whom received, the invitation for bids, number, and his signature. No
information contained therein shall be disclosed before the time set for
bid opening or for the start of the sale. The term telegraphic notice
includes modifications and withdrawals submitted by telegram or
mailgram. The following statement should be included in all invitations
for bids:
The terms telegraphic bid and telegraphic notice include bids and
notices by telegram or by mailgram.
(b) A bid may be withdrawn in person by a bidder or his authorized
representative, provided his identity is made known and he signs a
receipt for the bid, but only if the withdrawal is prior to the exact
time set for the opening of bids (in the instance of sealed bid sales)
or the exact time set for the start of the sale (in the instance of spot
bid and auction sales).
(37 FR 24666, Nov. 18, 1972, as amended at 43 FR 11821, Mar. 22,
1978)
41 CFR 101-45.705 Late modifications and withdrawals.
(a) Modifications of bids and requests for withdrawal of bids which
are received by the contracting officer after the exact time set for bid
opening (in sealed bid sales) or after the exact time set for the
receipt of bids (in spot bid or auction sales) are ''late
modifications'' and ''late withdrawals'', respectively. A late
modification or late withdrawal shall be subject to the provisions of
101-45.703. However, a late modification of the otherwise successful bid
shall be opened at any time it is received; and if in the judgment of
the contracting officer it makes the terms of the bid more favorable to
the Government, it shall be considered.
(b) Mailed-in, telegraphic, and mailgram modifications or withdrawals
which are received by the contracting officer after the time set for the
start of a spot bid or auction sale shall not be considered, regardless
of the cause of delay.
(37 FR 24666, Nov. 18, 1972, as amended at 43 FR 11821, Mar. 22,
1978)
41 CFR 101-45.705 Subpart 101-45.8 -- Mistakes in Bids
Source: 32 FR 16270, Nov. 29, 1967, unless otherwise noted.
41 CFR 101-45.800 Scope of subpart.
This subpart prescribes the policies and methods governing the
treatment by executive agencies of mistakes in bids by bidders in sales
of personal property. The authorities prescribed herein are not
intended to nullify previous authorities granted by the Comptroller
General.
41 CFR 101-45.801 General.
After the opening of bids, sales contracting officers shall examine
all bids for mistakes. Where the sales contracting officer has reason
to believe that a mistake may have been made, he shall request from the
bidder a verification of the bid, calling attention to the suspected
mistake. If the bidder alleges a mistake, the matter shall be processed
in accordance with this subpart 101-45.8. Such actions shall be taken
prior to award.
41 CFR 101-45.802 Apparent clerical mistakes.
Any clerical mistake apparent on the face of a bid may be corrected
by the sales contracting officer prior to award if the sales contracting
officer has first obtained from the bidder verification of the bid
actually intended. An example of such an apparent mistake is an error
in placing the decimal point (e.g., a bidder bids $10 each on 10 units,
but shows an extended price of $1,000 or a bidder bids $0.50 per lb. for
1,000 lbs. but shows an extended price of $50). Any correction made
pursuant to this 101-45.802 shall be reflected in the award document,
if an award is made on the corrected bid.
41 CFR 101-45.803 Other mistakes disclosed before award.
(a) Heads of executive agencies are authorized (with power of
redelegation as provided in 101-45.803(b) and 101-45.804(d)), in order
to minimize delay in contract awards, to make the administrative
determinations described in this 101-45.803 in connection with mistakes
in bids alleged after opening of bids and before award. The authority
contained herein to permit correction of bids is limited to bids which,
as submitted, are responsive to the invitation for bids, and may not be
used to permit correction of bids to make them responsive. This
authority is in addition to that in 101-45.802 or that which may be
otherwise available.
(1) A determination may be made permitting the bidder to withdraw his
bid where the bidder requests permission to do so and clear and
convincing evidence establishes the existence of a mistake.
(2) However, if the evidence is clear and convincing both as to the
existence of a mistake and as to the bid actually intended, and if the
bid as submitted and as corrected is the highest received, a
determination may be made to correct the bid and not permit its
withdrawal.
(3) A determination may be made permitting the bidder to correct his
bid where the bidder requests permission to do so and clear and
convincing evidence establishes both the existence of a mistake and the
bid actually intended. However, if the correction would result in
displacing one or more higher acceptable bids, the determination shall
not be made unless the existence of the mistake and the bid actually
intended are ascertainable substantially from the invitation and bid
itself. If the evidence is clear and convincing only as to the mistake,
but not as to the intended bid, a determination permitting the bidder to
withdraw his bid may be made.
(4) If the evidence does not warrant a determination under paragraph
(a)(1), (2), or (3) of this section, a determination may be made that a
bidder may neither withdraw nor correct his bid.
(b) Heads of executive agencies may delegate to one central authority
in their agencies, without power of redelegation, authority to make the
determinations under paragraphs (a) (2), (3), and (4) of this
101-45.803. The authority to make determinations to permit withdrawal of
bids as provided in paragraphs (a) (1) and (3) of this section may be
delegated, without power of redelegation, to any sales activity having
legal counsel available.
(c) Each proposed determination shall be approved by the gency's
General Counsel, Deputy or Associate General Counsel, and Assistant
General Counsel, or other comparable legal officer. However, authority
to approve determinations to permit withdrawal of bids pursuant to
paragraphs (a) (1) and (3) of this section may be delegated to the legal
counsel of sales activities.
(d) Suspected or alleged mistakes shall be processed as follows:
(1) Whenever the sales contracting officer suspects that a mistake
may have been made in a bid, he shall immediately request the bidder to
verify the bid. Such request shall inform the bidder of the basis for
suspecting a mistake and shall advise the bidder that if a mistake is
alleged, to support his allegation by statements concerning the alleged
mistake and by all pertinent evidence; such as the bidder's file copy
of the bid, his original worksheets and other data used in preparing the
bid, and any other evidence which conclusively establishes the existence
of the error, the manner in which it occurred, and the bid actually
intended. If the time for acceptance of bids is likely to expire before
a decision can be made, the sales contracting officer shall request all
bidders whose bids may become eligible for award to extend the time for
acceptance of their bids. If the bidder whose bid is believed erroneous
does not grant such extension of time and a decision cannot be reached
before expiration of the time for acceptance, even if handled by
telegraph or telephone as provided in 101-45.803(d)(4), the bid shall
be considered as originally submitted.
(2) If the bidder verifies his bid, the sales contracting officer
shall consider it as originally submitted.
(3) Where the bidder furnishes evidence in support of an alleged
mistake, the case shall be referred to the appropriate authority
together with the following data:
(i) All evidence furnished by the bidder.
(ii) A copy of the bid and the invitation for bids.
(iii) An abstract or record of the bids received.
(iv) A written statement by the sales contracting officer setting
forth --
(a) The expiration date of the bid in question and of the other bids
submitted;
(b) Specific information as to how and when the mistake was alleged;
(c) Most recent contract price for a like item(s) involved, when
sold, in what quantity, relative condition, etc.;
(d) A summary of the evidence submitted by the bidder;
(e) Any additional evidence considered pertinent, including copies of
all correspondence between the sales contracting officer and the bidder
concerning the alleged mistake; and
(f) The course of action with respect to the bid that the sales
contracting officer considers proper on the basis of the evidence.
(4) When time is of the essence, because of the expiration of bids or
otherwise, the sales contracting officer may refer the case by telegraph
or telephone to the designated authority. Ordinarily, however, sales
contracting officers will not refer mistake in bid cases to the
designated authority by telegraph or telephone, particularly when the
determinations set forth in paragraphs (a)(2) and (3) of this
101-45.803 are applicable, since actual examination of the evidence is
generally necessary to determine the proper action to be taken.
(5) Where the bidder fails or refuses to furnish evidence in support
of a suspected or alleged mistake, the sales contracting officer shall
consider the bid as submitted unless there are indications of error so
clear as reasonably to justify the conclusion that acceptance of the bid
would be unfair to the bidder or to other bona fide bidders, in which
case it may be rejected. This action will be cleared through counsel
serving the cognizant sales contracting officer. The attempts made to
obtain the information required and the action taken with respect to the
bid shall be fully documented.
(e) Nothing contained in this 101-45.803 shall deprive the
Comptroller General of his statutory right to question the correctness
of any administrative determination made hereunder nor deprive any
bidder of his right to have the matter determined by the Comptroller
General should he so request. All doubtful cases shall be submitted to
the Comptroller General for advance decision in accordance with agency
procedures.
(f) Each agency shall maintain records of all administrative
determinations made in accordance with this 101-45.803, the facts
involved, and the action taken in each case. Copies of all such
administrative determinations shall be included in the case file. Where
a contract is awarded, the General Accounting Office copy of the
contract, whenever filed, shall be accompanied by a signed copy of any
related determination.
(32 FR 16270, Nov. 29, 1967, as amended at 42 FR 31455, June 21,
1977; 42 FR 34881, July 7, 1977)
41 CFR 101-45.804 Mistakes disclosed after award.
(a) When a mistake in bid is not discovered until after the award,
the mistake may be corrected by supplemental agreement if correcting the
mistake would make the contract more favorable to the Government without
changing the essential requirements of the contract.
(b) In addition to the cases contemplated in 101-45.804(a), heads of
executive agencies are authorized, under the circumstances set forth in
101-45.804(c), to make the administrative determinations described below
in connection with mistakes in bids alleged or disclosed after award.
This authority is in addition to that provided by Public Law 85-804 (50
U.S.C. 1431-1435) or that which may be otherwise available.
(1) A contract may be rescinded in its entirety where the original
total contract amount does not exceed $10,000.
(2) A contract, irrespective of amount, may be reformed (i) by
deleting the item or items involved in the mistake where the deletion
does not reduce the contract amount by more than $10,000; or (ii) by
decreasing the price where the resultant decrease in price does not
exceed $10,000 and the reformed contract price is not less than that of
the otherwise next high bid under the original invitation for bids.
(c) Determinations under 101-45.804(b) may be made only on the basis
of clear and convincing evidence that a mistake in bid was made, and
either that the mistake was mutual or that the unilateral mistake made
by the purchaser was so apparent as to have charged the sales
contracting officer with notice of the probability of the mistake. If
the evidence does not warrant a determination under paragraph (b)(1) or
(2) of this 101-45.804, determination may be made that no change shall
be made in the contract as awarded.
(d) Heads of executive agencies may delegate to one central authority
in their agencies, without power of redelegation, authority to make the
determinations under this 101-45.804.
(e) Each proposed determination shall be approved by the agency's
General Counsel, Deputy or Associate General Counsel, an Assistant
General Counsel, or other comparable legal officer.
(f) Mistakes disclosed after award shall be processed as follows:
(1) Whenever a mistake in bid is alleged or disclosed after award,
the sales contracting officer shall advise the purchaser to support the
alleged error by written statements and by all pertinent evidence, such
as the purchaser's file copy of the bid, his original worksheets and
other data used in preparing the bid, and any other evidence which will
serve to establish the mistake, the manner in which it occurred, and the
bid actually intended.
(2) Where the purchaser furnishes evidence in support of an alleged
mistake, the case shall be referred to the appropriate authority
together with the following data:
(i) All evidence furnished by the purchaser.
(ii) A copy of the contract, including a copy of the bid.
(iii) An abstract or record of the bids received.
(iv) A written statement by the sales contracting officer setting
forth --
(a) Specific information as to how and when the mistake was alleged
or disclosed;
(b) A summary of the evidence submitted by the purchaser;
(c) His opinion whether a bona fide mistake was made in the bid and
whether he was, or should have been, on constructive notice of the
mistake before the award, together with the reasons or data upon which
his opinion is based;
(d) Most recent contract price for a like item(s) involved, when
sold, in what quantity, relative condition, etc.;
(e) Any additional evidence considered pertinent, including copies of
all relevant correspondence between the sales contracting officer and
the purchaser concerning the alleged mistake;
(f) The course of action with respect to the alleged mistake that the
sales contracting officer considers proper on the basis of the evidence;
and
(g) The status of performance and payments under the contract,
including contemplated performance and payments.
(g) Nothing contained in this 101-45.804 shall deprive the
Comptroller General of his statutory right to question the correctness
of any administrative determination made hereunder nor deprive any
purchaser of his right to have the matter determined by the Comptroller
General should he so request.
(h) Each agency shall maintain records of all administrative
determinations made in accordance with this 101-45.804, the facts
involved, and the action taken in each case. A copy of the
determination shall be attached to each copy of any contract rescission
or reformation resulting therefrom.
(i) Where administrative determination is precluded by the
limitations set forth in this section, the matter will be submitted to
the Comptroller General for decision in accordance with agency
procedures.
(j) Nothing contained in this 101-45.804 prevents an agency from
submitting doubtful cases to the Comptroller General.
(32 FR 16270, Nov. 29, 1967, as amended at 40 FR 59439, Dec. 24,
1975)
41 CFR 101-45.805 Mistakes disclosed after award in negotiated sales.
When a mistake in a purchaser's quotation is not discovered until
after award, the authority to correct mistakes contained in this subpart
101-45.8 may be utilized in accordance with the limitations and
procedures set forth herein.
(35 FR 12121, July 29, 1970)
41 CFR 101-45.805 Subpart 101-45.9 -- Abandonment or Destruction of
Personal Property
Source: 53 FR 16122, May 5, 1988, unless otherwise noted.
41 CFR 101-45.900 Scope of subpart.
This subpart prescribes the policies and methods governing the
disposition of personal property by abandonment or destruction by
executive agencies and by a State agency.
41 CFR 101-45.901 Authority to abandon or destroy.
Property may be abandoned or destroyed by an executive agency in
accordance with this subpart when a written determination is made by a
duly authorized official that the property has no commercial value, or
the estimated cost of its continued care and handling would exceed the
estimated proceeds from its sale, except that:
(a) No abandonment or destruction shall be made in a manner which is
detrimental or dangerous to public health or safety, or which will cause
infringement of the rights of other persons.
(b) In accordance with 101-44.205(k), a State agency is required to
notify the appropriate GSA regional office before taking any abandonment
or destruction action. The notification shall include a detailed and
accurate description of the property and its condition. If the GSA
regional office does not contact the State agency within 30 calendar
days, the property may be disposed of under this subpart.
(c) If at any time prior to the actual abandonment or destruction,
donation becomes feasible, such procedures will be implemented.
101-45.902 Findings justifying abandonment or destruction.
41 CFR 101-45.902-1 Notice of proposed abandonment or destruction.
Public notice of intent to abandon or destroy property shall be
given, except as noted in 101-45.902-2. Included in the notice shall be
an offer to sell in accordance with 101-45.304-2. Such public notice
shall be provided in a local newspaper and/or through the posting of
signs in one or more common use facilities available to the public.
Specific format or timeframe for advertising shall be in accordance with
holding agency regulations.
41 CFR 101-45.902-2 Abandonment or destruction without notice.
(a) Property may be abandoned or destroyed, without public notice, by
an executive agency upon a written finding by an authorized official
that was approved by a reviewing official who is not directly
accountable for the property, that:
(1) The value of the property is so little or the cost of its care
and handling is so great that its retention for advertising for sale,
even as scrap, is clearly not economical; or
(2) Abandonment or destruction is required because of health, safety,
or security reasons.
(b) Any item of property with an original cost (estimated if unknown)
of less than $500 shall normally be considered for abandonment or
destruction, without public notice, due to the expense and difficulty of
care and handling, such as used or obsolete charts, electric light
bulbs, radio tubes, and resistors.
41 CFR 101-45.903 Destruction of surplus drugs, biologicals, and
reagents.
(a) Surplus drugs, biologicals, and reagents shall not be abandoned
and the following shall be destroyed by the holding agency or State
agency in accordance with the provisions of this 101-45.903:
(1) Controlled substances. (i) Controlled substances in a
deteriorated condition or otherwise unusable.
(ii) Quantities of controlled substances determined to be surplus at
one time and one place having an acquisition cost of less than $500.
(iii) Controlled substances which have been offered for sale in
accordance with the provisions of 101-45.309-6 but for which no
satisfactory or acceptable bids have been received.
(2) Drugs, biologicals, and reagents. (i) Surplus drugs,
biologicals, and reagents other than controlled substances determined by
the holding agency or State agency to be unsafe because of deterioration
or overage condition, in open or broken containers, or recommended for
destruction by the Food and Drug Administration.
(ii) Surplus drugs, biologicals, and reagents other than controlled
substances which have been offered for sale in accordance with the
provisions of 101-45.309-7 but for which no satisfactory or acceptable
bid or bids have been received.
(b) When surplus drugs, biologicals, and reagents, including
controlled substances, are required to be destroyed by the holding
agency or State agency, they shall be destroyed in such a manner as to
ensure total destruction of the substance to preclude the utilization of
any portion thereof. The destruction shall be in accordance with
Federal, State, and local air and water pollution control standards.
When major amounts are to be destroyed, the action shall be coordinated
with local air and water pollution control authorities. For controlled
substances, in addition to the requirements set forth herein, each
executive agency and State agency shall comply with the provisions of 21
CFR 1307.21 of Drug Enforcement Administration (DEA) regulations or with
equivalent procedures approved by DEA.
(c) Destruction of surplus drugs, biologicals, and reagents,
including controlled substances, shall be performed by an employee of
the holding agency or State agency in the presence of two additional
employees of the agency as witnesses to that destruction, except as
noted in 101-45.903(c)(1), unless, in the case of controlled
substances, the Regional Director of DEA directs otherwise.
(1) Resource Conservation and Recovery Act (RCRA) regulated,
noncontrolled, condemned hazardous substances in Federal supply class
(FSC) 6505 may be destroyed without the witnessing by employees of the
agency. The destruction shall be in accordance with the Environmental
Protection Agency regulations for the disposal of RCRA regulated
noncontrolled substances, 40 CFR part 260 et seq.
(2) It is the holding agency's responsibility to take all necessary
measures to ensure that contractor performance is in accordance with the
provisions of this 101-45.903.
(d) When surplus drugs, biologicals, and reagents, including
controlled substances, have been destroyed, the fact, manner, and date
of the destruction and the type and quantity destroyed shall be
certified to by the agency employee charged with the responsibility for
that destruction. The two agency employees who witnessed the
destruction shall sign the following statement, except as noted in
101-45.903(c)(1) of this subpart, which shall appear on the
certification below the signature of the certifying employee:
I have witnessed the destruction of the (controlled substances)
(drugs, biologicals, and reagents other than controlled substances)
described in the foregoing certification in the manner and on the date
stated herein:
Witness
Date
Witness
Date
(e) Items mentioned parenthetically in the statement contained in
paragraph (d) of this section which are not applicable at the time of
destruction shall be deleted from the statement. The signed
certification and statement of destruction shall be made a matter of
record and shall be retained in the case files of the holding agency or
State agency.
(53 FR 16122, May 5, 1988, as amended at 55 FR 6984, Feb. 28, 1990)
41 CFR 101-45.903 Subpart 101-45.10 -- Recovery of Precious Metals
Source: 53 FR 16123, May 5, 1988, unless otherwise noted.
41 CFR 101-45.1000 Scope of subpart.
This subpart prescribes the policy and procedures for recovery of
precious metals from articles of excess and surplus personal property.
41 CFR 101-45.1001 General.
GSA is responsible for the initiation and development of
Government-wide precious metals recovery programs, and for the issuance
and administration of applicable contracts, except those issued and
administered by DOD for precious metals recovery and refinement
operations. Situations will occur where, in terms of economy,
efficiency, and environmental quality, it is in the best interest of the
Government to recover precious metals from articles of excess and
surplus personal property instead of using other methods of disposal.
GSA will determine when Government-wide recovery is appropriate on the
basis of an evaluation of the supply-demand factor, the price of the
commodity, the cost of recovering the precious metal, and applicable
guidelines or regulations on pollution control.
41 CFR 101-45.1002 Agency responsibilities.
Heads of executive agencies are responsible for establishing,
maintaining, and pursuing a program for recovery of precious metals.
The provisions of this 101-45.1002 provide guidance with respect to
surveys, reporting requirements, assignments of program monitors, and
internal audits. Precious metals that may be designated for recovery
include gold, silver, and metals in the platinum family. Examples of
silver bearing scrap and waste include used photographic fixing (hypo)
solution, photographic and X-ray film, silver alloys, and dental scrap.
Other examples of precious metals bearing materials include electronic
scrap, ADPE, welding and brazing wire, annodes, and batteries. Certain
strategic and critical materials, lists of which are issued from time to
time as provided in 101-14.106, may also be designated for recovery.
41 CFR 101-45.1002-1 Precious metals recovery surveys.
Each agency shall identify those activities that generate silver or
other precious metals (including used hypo solution, scrap film, and
other precious metals bearing materials). Activities identified as
generating precious metals bearing materials shall be surveyed to obtain
information regarding actual or potential precious metals recovery.
Estimates of potential recovery may be obtained through use of testing
papers for hypo solution; various charts, tables, and scales for scrap
film, assays of samples of precious metals bearing materials; or other
acceptable methods of estimating potential precious metals contents.
41 CFR 101-45.1002-2 Agency reporting requirements.
(a) Each agency shall submit a consolidated annual report (based on
fiscal year) containing information regarding precious metals recovery
to the Manager, Federal Precious Metals Recovery Programs, General
Services Administration (F), Washington, DC 20406. The consolidated
report, Standard Form 291, Report of Activities Generating Precious
Metals (interagency report control number 1529-GSA-A), shall be
submitted within 45 calendar days after the end of the fiscal year.
Agency requests for a waiver to the annual reporting requirement shall
be submitted to the above GSA program manager for approval.
(b) Section 101-45.4901-291 illustrates Standard Form 291, Report of
Activities Generating Precious Metals. The report provides for specific
information regarding the types of silver and other precious metals
bearing materials processed or generated. The report requires
information to be submitted as to the potential amount of precious
metals to be recovered from the precious metals bearing material as well
as the actual amount of precious metals recovered. Significant
differences between the potential and actual amount of precious metals
recovered shall be explained on Standard. Form 291. When reporting
estimated savings use either: the market value on the date of the
transaction for material delivered to the DOD system; or amount of
proceeds when material is sold under contract. All sales should be
identified by contract number. Market value determination should be
identified by source and date.
41 CFR 101-45.1002-3 Precious metals recovery program monitor.
Each agency should designate an individual to monitor its precious
metals recovery program. Responsibilities of the precious metals
monitor should include conducting and coordinating surveys, implementing
and improving recovery procedures; monitoring the agency's recovery
program; and submitting the consolidated annual report to GSA.
41 CFR 101-45.1002-4 Internal audits.
Each agency should require periodic internal audits of its precious
metals recovery program. The internal audits should be of such
frequency and scope as to provide for proper control over the recovery,
storage, and disposition of precious metals bearing materials. Primary
elements for review should include document control and record
maintenance; storage facilities and security controls; methods of
recovery and equipment operation; and procedures for recovering
precious metals through service contracts or disposal through sales
contracts.
41 CFR 101-45.1003 Recovery of silver from precious metals bearing
materials.
(a) Each agency should recover silver regardless of the quantity of
used hypo solution or scrap film generated. Installations of a silver
recovery unit consistent with the quantity of used hypo solution
generated or storage of used hypo solution or scrap film until a
processible quantity is obtained are two alternatives. If an activity
generates small quantities of hypo solution and tests show that there is
a minimal amount of silver per gallon of solution, arrangements should
be made, to the extent feasible, with another activity in the area which
is using a recovery unit to receive and process the hypo solution. When
the actual amount of silver recovered is substantially less than the
estimated amount potentially recoverable, agencies should fully document
the reason for the substantial difference.
(b) When recovery by an agency is not economically feasible and
consolidation with other activities is not practical, the regional GSA
Federal Supply Service Bureau serving the area or the Defense Logistics
Agency (DLA) (in accordance with 101-45.1004) should be contacted for
assistance. If it is determined that silver recovery cannot be
accomplished economically by Government-owned equipment or by a
commercial recovery contractor, the hypo solution, scrap film, or other
silver bearing materials should be disposed of in accordance with part
101-45 in an environmentally acceptable manner.
41 CFR 101-45.1003-1 Guidelines for the recovery of silver from used
hypo solution and scrap film.
The basic factors that determine the potential quantity of
recoverable silver are: The amount of used hypo solution or scrap film
generated; the amount and type of film processed; and the physical
layout and available recovery equipment of the photographic facility.
Since these factors may vary for each facility, a single method of
recovery cannot be prescribed.
41 CFR 101-45.1003-2 Recovery of silver from used hypo solution.
Used hypo solution should be processed to recover the maximum amount
of silver from the solution, consistent with overall economic
feasibility and environmental considerations. Recovery can be effected
either by Government-owned equipment or through use of commercial
recovery contracts. Various types and sizes of equipment using metallic
replacement or electrolytic methods of recovery are available which
permit economic silver recovery from both large and small quantities of
used hypo solution.
41 CFR 101-45.1003-3 Recovery of silver from scrap film.
Scrap film, the silver content of which varies according to the type
of film and the degree of exposure, is a major source of recovered
silver. One method of recovering silver from scrap film is by burning
the film in specially designed and approved incinerators. The burning
reduces the film to high content silver bearing ash which can be
economically processed to produce fine silver. Recovery onsite by
controlled burning should only be accomplished at those activities or
installations where approved facilities exist and the local code on
burning permits it. A common alternative method of recovery is through
periodic disposal of accumulated scrap film by sale in accordance with
part 101-45.
41 CFR 101-45.1004 Recovery and use of precious metals through the DOD
Precious Metals Recovery Program.
Civil agencies may use the DOD Precious Metals Recovery Program as
prescribed in 101-45.1004.
41 CFR 101-45.1004-1 Civil agency participation in the DOD Precious
Metals Recovery Program.
(a) Civil Agencies wishing to participate in the DOD precious metals
recovery system should contact the Manager, DOD Precious Metals Recovery
Program, Attention: DLA-SMP, Cameron Station, Alexandria, VA 22314, for
further information regarding the following plans:
(1) Plan I. An appraisal or survey of the agency's precious metals
recovery potential and a recommendation as to appropriate recovery
techniques and equipment;
(2) Plan II. DLA acceptance of photographic wastes, excess, and
other precious metals bearing materials at Defense Reutilization and
Marketing Offices (DRMO's) or other disposition sites;
(3) Plan III. Disposition and shipping instructions for recovered
precious metals bearing materials not authorized for acceptance at local
DRMO's;
(4) Plan IV. Assistance and recommendations as needed in the
administration and operation of the agency's precious metals recovery
program including an appraisal or survey of recovery potential; the
furnishing of recovery and other supporting equipment; and the
prescribing of procedures for the security and disposition of precious
metals bearing materials. This plan will, in most cases, require a
formal Memorandum of Understanding between DLA and the participating
agency.
(b) Services addressed in the above plans will be provided to the
extent that DLA resources permit.
(c) DLA will provide recovered fine precious metals to participating
agencies (those generating precious metals bearing scrap for the DOD
Precious Metals Recovery Program) for use as Government Furnished
Materials (GFM) or other authorized internal uses in accordance with
101-45.1004-2.
41 CFR 101-45.1004-2 Use of DOD-recovered fine precious metals.
To determine the need for recovered fine precious metals as GFM to
reduce new procurement costs, each agency shall review procurements for
which fine precious metals will be required by a contractor. Each
agency having requirements for recovered fine precious metals as GFM or
for other authorized internal uses should submit a request to the
Commander, Defense Industrial Supply Center (DISC), Attention:
DISC-OIBA/YC, 700 Robbins Avenue, Philadelphia, Pennsylvania 19111-5096.
Recovered fine precious metals will be provided to agencies for use as
GFM or for other authorized internal uses on a
''as-needed-when-available'' basis. There is a nominal charge for the
recovered fine precious metals. Normally, the amount of recovered fine
precious metals authorized for issue to individual civil agencies will
not be restricted, except in those instances when the precious metals
involved are not available in sufficient quantities to satisfy all
requirements. No minimum ordering quantity is prescribed. Requiring
activities should contact DISC to assure asset availability prior to the
requisitioning of any quantity of precious metal other than silver.
Advance inquiries for silver should be made only when requirements
exceed 5,000 troy ounces.
41 CFR 101-45.1004-2 Subparts 101-45.11 -- 101-45.46 (Reserved)
41 CFR 101-45.1004-2 Subpart 101-45.47 -- Reports
41 CFR 101-45.4700 Scope of subpart.
This subpart prescribes the requirements for reporting to GSA on
matters pertaining to the general subject area of disposal of personal
property.
(42 FR 56027, Oct. 20, 1977)
41 CFR 101-45.4701 Performance reports.
An annual report of the sale or other disposition of surplus personal
property shall be submitted in duplicate to GSA within 60 calendar days
after the close of each fiscal year, using Standard Form 121, Annual
Report of Utilization and Disposal of Excess and Surplus Personal
Property.
(53 FR 16125, May 5, 1988)
41 CFR 101-45.4702 Negotiated sales reports.
An annual report listing and describing any negotiated disposals of
surplus personal property having an estimated fair market value of more
than $5,000, other than disposals for which an explanatory statement has
been transmitted (see 101-45.304-2(c)), shall be submitted by each
Federal agency to GSA within 60 calendar days after the close of each
fiscal year.
(54 FR 38676, Sept. 20, 1989)
41 CFR 101-45.4702 Subpart 101-45.48 -- Exhibits
41 CFR 101-45.4800 Scope of subpart.
This subpart 101-45.48 exhibits information referenced in the text of
part 101-45 that is not suitable for inclusion elsewhere in that part.
(42 FR 40855, Aug. 12, 1977)
41 CFR 101-45.4801 Instructions for the preparation of advance notice
to the Department of Commerce.
1. Transmittal of notice. Section 101-45.304-7 provides that when
the acquisition cost of personal property to be sold at one time at one
place is $250,000 or more, the disposal agency shall cause a notice of
each such proposed sale to be transmitted to the U.S. Department of
Commerce, room 1300, 433 West Van Buren Street, Chicago, Ill. 60607.
The notice shall be sent at as early a date as possible in advance of
the sale but at least 20 days prior to the date when the bids will be
opened, or, in the case of spot bid or auction sale, when the sale will
be conducted. Such notice shall be transmitted by fastest mail
available and shall be in synopsis form suitable for printing direct
from the text so transmitted without editing or condensing.
These notices are for use of the Department of Commerce in making
regular publication of a synopsis of principal proposed sales of
Government personal property.
2. Format and content of notice.
a. Information to be furnished. The following information shall be
provided in the order listed so as to preserve the format of the
Department of Commerce publication: the name of the office which will
issue the invitation; the name or title, address, and telephone number
of the official from whom copies of the sales offering and other
information can be obtained; a description of the property to be sold;
when deemed desirable; the total estimated acquisition cost; the
number of the invitation or sale; the date of the sale or bid opening,
the types of sale, i.e., sealed bid, spot bid, or auction; and the
location(s) of the property.
b. Detailed requirements. In preparing the notice to the Department
of Commerce, the utmost care should be exercised in describing the types
of property to be sold in order to assure interest by the maximum number
of potential buyers but, at the same time, condense the information so
that minimum space in the Department of Commerce publication will be
required for printing. While the various kinds of property to be sold
should be stated concisely, the names of important items should not be
omitted. The following example is provided as a guide, both as to the
order in which the information should be given, the extent to which
information should be condensed or expanded, depending upon the size of
the sale, and the format which, if followed, will facilitate publication
without editing. Attention is specially invited to the double spacing
the ''hanging'' indention, and the length of the line which should be
approximately 65, but not to exceed 69, character spaces.
General Services Administration, Region 8, Business Service Center,
Building 41, Denver Federal Center, Denver, Colo.
Scrapers, Graders, Street Sweeper, Crawler Tractor, Air Compressors,
Power Units, Cement Mixer -- Total acquisition cost $269,850.
Invitation No. 8 UPS-65-41 -- Bid opening 11-30-65. Sealed bid,
location above.
Motor vehicles, passenger cars and 3/4-ton to 5-ton trucks, materials
handling equipment, fork lift trucks and warehouse tractors, jack lift
trucks, warehouse trailers, platform and box trucks, hand tools,
hardware, plumbing equipment, special industry machinery, office
machines, furniture, rope, cable chair and fittings, miscellaneous
gasoline and water hose; burlap bags, barrier paper, pack saddles, tape
and webbing, lanterns, spare parts for compressors, tractors, shovels,
bulldozers, cranes, welding equipment, motor vehicles, air hammer diesel
and gasoline engines -- Total estimated acquisition cost $6 million;
Sale No. 8UPS-A -- 65-44. Sale starts 12-15-65. Auction sale,
location above.
(30 FR 2930, Mar. 6, 1965; 30 FR 3384, Mar. 13, 1965. Redesignated
at 42 FR 40855, Aug. 12, 1977)
41 CFR 101-45.4802 Sample format -- irrevocable letter of credit.
Dear Madam:
We hereby establish our irrevocable credit No. ------ in your favor
by order and for account of (name of company submitting bid) up to an
aggregate amount of $ -------- available by demand drafts drawn on us by
a representative of (specify agencies to which directed: e.g.,
Department of the Army, Department of the Air Force, General Services
Administration). Drafts must be accompanied by a written statement of
the interested agency that the amount drawn under this credit represents
(1) the deposit required as a guarantee to support an acceptable bid
made by (name of bidder) to purchase material from the Government, or
(2) payment in full for the property. Drafts drawn under this credit
must be marked ''drawn under letter of credit No. ------ or (name and
address of issuing bank).'' Unless otherwise expressly stated herein,
this credit is subject to the uniform customs and practice for
commercial documentary credits fixed by the 13th Congress of the
International Chamber of Commerce. We hereby agree with you that the
drafts drawn under and in compliance with the terms of this credit shall
be duly honored on due presentation to the (name of the bank) if
presented on or before ---------- .
Very truly yours,
(Authorized signature of bank official)
(30 FR 2930, Mar. 6, 1965. Redesignated at 42 FR 40855, Aug. 12,
1977)
41 CFR 101-45.4803 General instructions for preparation of irrevocable
letter of credit.
Use either clause (1) or (2) of 101-45.4802, as applicable.
Some banks use language which varies from that shown in 101-45.4912.
Variations from the prescribed text may be permitted if the meaning of
the letter of credit prepared by the bank is the same. Each of the
paragraphs of the prescribed letter of credit is an essential part of
the agreement. No paragraphs shall be added and none shall be deleted.
A letter of credit may be addressed to a specific department or
agency instead of ''Treasurer of the United States.'' Letters of credit
of this type shall be addressed to the head of the agency or department,
as the Secretary of the Army, or the Administrator of General Services.
Should this be done, the words ''Treasurer of the United States for the
account of'' shall be deleted from the draft drawn under the letter of
credit.
Each letter of credit must be clearly irrevocable and is not
acceptable if the expiration date stated therein is less than 30 days
from the date of the sale at which it is used.
(30 FR 2930, Mar. 6, 1965. Redesignated at 42 FR 40855, Aug. 12,
1977)
41 CFR 101-45.4804 Sample format -- draft drawn against irrevocable
letter of credit.
$ ------ Date
At sight pay to the order of Treasurer of the United States for the
account of (specify name of department or agency). ------ dollars and
------ cents for value received -- drawn under letter of credit No.
------ of
(Name and address of issuing bank)
To
(Name and address of bank)
(Name of office -- finance or disbursing -- and activity of
department or agency by which draft is issued.)
By
Title
Date
Note: If the letter of credit is addressed to a department or agency
rather than the Treasurer, omit the words ''Treasurer of the United
States for the account of,'' and in lieu thereof insert the name of the
particular department or agency or installation or office thereof.
(30 FR 2930, Mar. 6, 1965. Redesignated at 42 FR 40855, Aug. 12,
1977)
41 CFR 101-45.4805 Sample format -- transmittal letter to accompany
letter of credit.
To: Name of bank (same as on L/C).
Gentlemen:
This is to certify that on ---- , 196 -- , at a sale held by the
(insert the name of the department or agency) at (insert location) the
(insert name and address of company) submitted acceptable bids for
property at sales price of $ ------ .
The amount of the accompanying draft, $ -------- , drawn under letter
of credit No. ---- represents (1) the deposit of ---- percent of the
sales price required as a guarantee to support the acceptable bid made
by (insert name of company) to purchase material from the Government, or
(2) payment in full for the property on which (insert name of company)
submitted acceptable bids.
(Name of office -- finance or disburing -- and activity of department
or agency to which check is to be forwarded.)
By
Title
Date
Note: Strike out the clause in the second paragraph which is not
applicable.
(30 FR 2930, Mar. 6, 1965. Redesignated at 42 FR 40855, Aug. 12,
1977)
41 CFR 101-45.4806 Outline for preparation of explanatory statement
relative to negotiated sales.
The following outline shall be used for the preparation of
explanatory statements relative to negotiated sales:
Description of property (including quantity and condition).
Use of property (an indication of the use of the property made by the
Government).
Location.
Reported excess by (name of agency and date).
Excess and donation screening (show the extent of screening and
results).
Acquisition cost and date (if not known, estimate and so indicate).
Income (all income known to the holding agency, if any received by
the Government for use of the property).
Estimated fair market value (including date of estimate and name of
estimator).
Proposed disposal price.
Proposed purchaser (name and address).
Intended use (state the intended use of the property by the proposed
purchaser).
Justification (a narrative statement containing complete
justification for the proposed sale and other pertinent facts involved
in the Government's decision to sell by negotiation).
(31 FR 5001, Mar. 26, 1966. Redesignated at 42 FR 40855, Aug. 12,
1977)
101-45.4807 (Reserved)
41 CFR 101-45.4808 State health agencies.
State Health Agencies (for Bedding and Upholstered Furniture
Information).
Director, Division of Environmental Health, State Office Building,
Montgomery, AL 36104.
Chief, Environmental Health Section, Division of Public Health,
Department of Health and Social Services, Pouch H 01, Juneau, AK 99811.
Arizona Department of Health Services, Bureau of Sanitation, Bedding
Section, 411 North 24th Street, Phoenix, AZ 85008.
Bureau of Public Health Engineering, Arkansas Department of Health,
13th Floor, Donaghey Building, 7th and Main Streets, Little Rock, AR
72201.
Chief, Bureau of Home Furnishings, State of California, Department of
Home Furnishings, 3401 La Grande Boulevard, Sacramento, CA 95823.
Chief, Consumer Protection Section, State of Colorado, Department of
Health, 4210 East 11th Avenue, Denver, CO 80220.
Commissioner, Department of Consumer Protection, Division of Bedding
and Upholstered Furniture, 165 Capitol Avenue, Hartford, CT 06115.
Chief, Bureau of Environmental Health, Department of Health and
Social Services, Division of Public Health, Post Office Box 637, Dover,
DE 19901.
Environmental Health Scientist, Administrator, Room 733,
Environmental Health Administration, 801 North Capitol Street, NE.,
Washington, DC 20001.
Chief, Department of Health and Rehabilitative Services, Consumer
Drugs and Devices Control Section, Post Office Box 210, Jacksonville, FL
32201.
Director, Consumer Protection Field Forces, Georgia Department of
Agriculture, 19 Martin Luther King Drive, Room 308, Atlanta, GA 30334.
Chief, Sanitation Branch, State Department of Health, Honolulu, HI
96813.
Chief, Idaho Department of Health and Welfare, Division of
Environment, Milk and Food Section, Statehouse, Boise, ID 83720.
No need to notify.
Supervisor, Sanitary Bedding Section, Division of Weights and
Measures, Indiana State Board of Health, 1330 West Michigan Street,
Indianapolis, IN 46206.
Secretary, Iowa State Department of Agriculture, State Capitol
Building, Des Moines, IA 50319.
Chief, Food and Drug Division, Kansas State Department of Health and
Environment, State Office Building, Topeka, KS 66620.
Commissioner, Environmental Sanitation Branch, Division of Consumer
Health Protection, Health Services Building, 275 East Main Street,
Frankfort, KY 40601.
Director, Bedding and Upholstered Furniture Division, Louisiana
Health and Human Resources Administration, Post Office Box 60630, New
Orleans, LA 70160.
Director, Department of Manpower Affairs, Maine Bureau of Labor,
State Office Building, Augusta, ME 04333.
No need to notify.
Director, Division of Food and Drugs, Massachusetts Department of
Public Health, Statehouse, Boston, MA 02133.
Chief, Michigan Department of Public Health, Division of Community
Environment Health, Consultation, Evaluation & Training Section, 3500
North Logan Street, Post Office Box 30035, Lansing, MI 48909.
Chief, Section of Hotels, Resorts & Restaurants, Minnesota Department
of Health, 77 South East Delaware Street, Minneapolis, MN 55440.
Director, Division of Sanitary Engineering, Mississippi State Board
of Health, Post Office Box 1700, Jackson, MS 39205.
Director, Bureau of Community Sanitation, Department of Social
Services, Missouri Division of Health, Broadway State Office Building,
Post Office Box 570, Jefferson City, MO 65101.
Director, Food and Consumer Safety Bureau, Environmental Sciences
Division, Montana Department of Health and Environmental Science,
Helena, MT 59601.
Chief, Division of Housing and Environmental Health, 301 Centennial
Mall South, Post Office Box 95007, Lincoln, NE 68509.
Chief, Consumer Health Protection Serv- ices, Room 103, Kinkead
Building, Capitol Complex, Carson City, NV 89710.
No need to notify.
Director, Division of Environmental Health, New Jersey State
Department of Health and Social Services, John Fitch Plaza, Post Office
Box 1540, Trenton, NJ 08625.
Director, EIA Legal Section, State of New Mexico, Health and Social
Services Department, Post Office Box 2348, Santa Fe, NM 87503.
Director, Division of Licensing Services, Department of State, 270
Broadway, New York, NY 10007.
Head, Solid Waste and Vector Control Branch, Sanitary Engineering
Section, Post Office Box 2091, Raleigh, NC 27602.
Chief, North Dakota State Department of Health, Division of
Environmental Engineering Bedding Program, 1200 Missouri Avenue,
Bismarck, ND 58505.
Chief, Department of Industrial Relations, Division of Bedding and
Upholstered Furniture Inspection, Post Office Box 825, Columbus, OH
43216.
Head, Consumer Information and Product Safety Division, Consumer
Protection Service, Oklahoma State Department of Health, Post Office Box
53551, Oklahoma City, OK 73105.
Program Supervisor, Department of Human Resources, Health Division,
Post Office Box 231, Portland, OR 97207.
Chief, Division of Bedding and Upholstery, Department of Labor and
Industry, Seventh and Forster Streets, Harrisburg, PA 17120.
Director, Program of Environmental Health, Puerto Rico Department of
Health, Ponce de Leon Avenue 1306, Box 9342, Santurce, PR 00908.
Chief, Division of Upholstery, State of Rhode Island Department of
Business Regulation, 49 Westminster Street, Room 420, Providence, RI
02903.
Consultant, Bureau of Environmental Sanitation, South Carolina
Department of Health and Environmental Control, 2600 Bull Street,
Columbia, SC 29201.
Director, Division of Sanitary Engineering, South Dakota Department
of Health, Joe Foss Building, Pierre, SD 57501.
Director, Food and Drug Division, Tennessee Department of
Agriculture, Post Office Box 40627, Melrose Station, Nashville, TN
37204.
Director, Bedding-Law Division, Texas Department of Health Resources,
Austin, TX 78756.
State Chemists Office, Utah Department of Agriculture, Laboratory
Building, State Capitol, Salt Lake City, UT 84114.
No need to notify.
Supervisor, Bedding and Upholstered Furniture, Department of Health,
109 Governor Street, Richmond, VA 23219.
Director, Division of Environmental Health, Virgin Islands Department
of Health, Post Office Box 1442, Charlotte Amalie, VI 00801.
Supervisor, Department of Social and Health Services, Food and
Housing Section, Attn: Furniture and Bedding Program
(Mailstop)-MS-LD-11, Olympia, WA 98504.
Director, Consumer Protection, West Virginia Department of Labor,
State Capitol, 1800 Washington Street East, Charleston, WV 25305.
Chief Engineer, Safety and Buildings Division, Wisconsin Department
of Industry, Labor and Human Relations, 201 East Washington Avenue,
Madison, WI 53707.
Director, Division of Markets and Industry, Wyoming State Department
of Agriculture, 308 Capitol, Cheyenne, WY 82001.
(43 FR 26579, June 21, 1978)
41 CFR 101-45.4809 State radiation control agencies.
Director, Division of Radiological Health, Alabama State Department
of Public Health, State Office Building, Montgomery, AL 36130.
Commissioner, Alaska Department of Environmental Conservation, Pouch
O, Juneau, AK 99801.
Executive Director, Arizona, Atomic Energy Commission, 1601 West
Jefferson Street, Phoenix, AZ 85007.
Director, Division of Radiological Health, Arkansas Department of
Health, 4815 West Markham Street, Little Rock, AR 72201.
Chief, Radiological Health Section, California Department of Health,
Building No. 8, 714 P Street, Sacramento, CA 95814.
Director, Division of Occupational and Radiological Health, Colorado
Department of Health, 4210 East 11th Avenue, Denver, CO 80220.
Assistant Director of Compliance (Ionizing Radiation), Connecticut
Department of Environmental Protection, State Office Building, Hartford,
CT 06115.
Program Director, Office of Radiation Safety Division of Public
Health, Delaware Department of Health and Social Services, Jesse S.
Cooper Memorial Building, Capitol Square Dover, DE 19901.
Chief, Bureau of Institutional Hygiene and Radiological Health,
Bureau of Public Health Engineering, Department of Environmental
Services, DC General Hospital, Box 97, Washington, DC 20003.
Administrator, Radiological and Occupational Health Section, Division
of Health, Florida Department of Health and Rehabilitative Services,
P.O. Box 210, Jacksonville, FL 32201.
Director, Radiological Health Unit, Georgia Department of Human
Resources, State Office Building, Atlanta, GA 30334.
Chief, Noise and Radiation Branch, Hawaii Department of Health, P.O.
Box 3378, Honolulu, HI 96801.
Chief, Radiation Control Section, Idaho Department of Health and
Welfare, Statehouse, Boise, ID 83720.
Chief, Division of Radiological Health, Illinois Department of Public
Health, 535 West Jefferson Street, Springfield, IL 62761.
Director, Division of Radiological Health, Indiana State Board of
Health, 1330 West Michigan Street, Indianapolis, IN 46206.
Chief, Hazardous Substance Section, Iowa State Department of
Environmental Quality, 3920 Delaware Street, P.O. Box 3326, Des Moines,
IA 50316.
Director, Radiation Control Program, Kansas Department of Health and
Environment, Forbes AFB, Building 740, Topeka, KS 66620.
Director, Radiological Health Program, Kentucky State Department for
Human Resources, Capitol Annex, Frankfort, KY 40601.
Director, Division of Radiation Control, Louisiana Board of Nuclear
Energy, P.O. Box 44033, Capitol Stations, Baton Rouge, LA 70804.
Commissioner, Maine Department of Health and Welfare, State House,
Augusta, ME 04330.
Chief, Division of Radiation Control, Maryland Department of Health
and Mental Hygiene, State Office Building, 301 West Preston Street,
Baltimore, MD 21201.
Assistant to the Commissioner (Radiological Health), Massachusetts
Department of Public Health, 80 Boylston Street, Room 940, Boston, MA
02116.
Chief, Radiation Division, Michigan Department of Public Health, 3500
North Logan Street, Lansing, MI 48914.
Chief, Section of Radiation Control, Minnesota Department of Health,
717 Delaware Street, SE, Minneapolis, MN 55440.
Supervisor, Radiological Health Unit, Mississippi State Board of
Health, P.O. Box 1700, Jackson, MS 39205.
Director, Bureau of Radiological and Occupational Health, Missouri
Division of Health, State Office Building, Jefferson City, MO 65101.
Chief, Radiological and Occupational Health Program, Montana
Department of Health and Environmental Sciences, Cogswell Building,
Helena, MT 59601.
Director, Division of Radiological Health, Nebraska Department of
Health, Lincoln Building, 1003 O Street, Lincoln, NE 68508.
Supervisor, Radiological Health, Nevada Department of Health and
Welfare, 201 South Fall Street, Carson City, NV 89701.
Director, State Radiation Control Agency, New Hampshire Department of
Health and Welfare, State Laboratory Building, Hazen Drive, Concord, NH
03301.
Chief, Bureau of Radiation Protection, New Jersey Department of
Environmental Protection, P.O. Box 1390, John Fitch Plaza, Trenton, NJ
08625.
Chief, Radiological and Occupational Health and Air Quality Control
Section, New Mexico Environmental Improvement Agency, P.O. Box 2348,
Santa Fe, NM 87501.
Director, Bureau of Radiological Health, New York State Department of
Health, 845 Central Avenue, Albany, NY 12206.
Head, Radiation Protection Branch, North Carolina Department of Human
Resources, P.O. Box 12200, Raleigh, NC 27605.
Director, Division of Environmental Engineering, Radiological Health
Program, North Dakota State Department of Health, Capitol Building,
Bismark, ND 58501.
Engineer-in-Charge, Radiological Health Unit, Ohio Department of
Health, P.O. Box 118, Columbus, OH 43216.
Chief, Occupational and Radiological Health Service, Oklahoma
Department of Health, N.E. 10th and Stonewall Streets, Oklahoma City, OK
73105.
Director, Radiological Control Service, Oregon State Health Division,
P.O. Box 231, Portland, OR 97207.
Director, Bureau of Radiological Health, Pennsylvania Department of
Environmental Resources, P.O. Box 2063, Harrisburg, PA 17120.
Director, Radiological Health Program, Puerto Rico Department of
Health, 1306 Ponce de Leon Avenue, Stop 16, Santurce, PR 00908.
Director of Health, Rhode Island Department of Health, Health
Department Building, Davis Street, Providence, RI 02908.
Director, Division of Radiological Health, South Carolina Department
of Health and Environmental Control, 137 J. Marion Sims Building,
Columbia, SC 29201.
Secretary of Health, South Dakota Department of Health, State
Capitol, Pierre, SD 57501.
Director, Division of Occupational and Radiological Health, Tennessee
Department of Public Health, 727 Cordell Hull Building, Sixth Avenue,
North, Nashville, TN 37219.
Director, Division of Occupational Health and Radiation Control,
Texas Department of Health, 1100 West 49th Street, Austin, TX 78756.
Chief, Radiation and Occupational Health Section, Utah Division of
Health, 44 Medical Drive, Salt Lake City, UT 84113.
Director, Division of Occupational Health, Radiological Health
Program, Vermont Department of Health, P.O. Box 607, Barre, VT 05641.
Director, Bureau of Industrial Hygiene and Radiological Health,
Virginia Department of Health, 109 Governor Street, Richmond, VA 23219.
Director, Division of Environmental Health, Virgin Islands Department
of Health, Charlotte Amalie, St. Thomas, VI 00801.
Chief, Radiation Chemical and Physical Hazards Section, Washington
Department of Social and Health Services, P.O. Box 1788, Olympia, WA
98504.
Director, Bureau of Industrial Hygiene, Radiological Health Program,
West Virginia Department of Health, 1800 East Washington Street,
Charleston, WV 25305.
Chief, Radiation Protection Section, Wisconsin Department of Health
and Social Services, P.O. Box 309, Madison, WI 53701.
Radiological Health Specialist, Wyoming Department of Health and
Social Services, New State Office Building, Cheyenne, WY 82001.
(42 FR 40856, Aug. 12, 1977)
41 CFR 101-45.4809 Subpart 101-45.49 -- Illustrations of Forms
Source: 42 FR 40857, Aug. 12, 1977, unless otherwise noted.
Editorial Note: The forms illustrated in subpart 101-45.49 are filed
as part of the original document.
41 CFR 101-45.4900 Scope of subpart.
This subpart illustrates forms prescribed or available for use in
connection with subject matter covered in part 101-45.
41 CFR 101-45.4901 Standard forms.
(a) Standard forms illustrated in this section show their text,
format, and arrangement, and provide a ready source of reference.
(b) Standard forms illustrated in this 101-45.4901 may be obtained
by submitting a requisition in FEDSTRIP/MILSTRIP format to the GSA
regional office providing support to the requesting activity.
101-45.4901-28 Standard Form 28, Affidavit of Individual Surety.
101-45.4901-97 Standard Form 97, The United States Government
Certificate of Release of a Motor Vehicle.
101-45.4901-97-1 Instructions for use of Standard Form 97.
101-45.4901-97A Standard Form 97A, Agency Record Copy of the United
States Government Certificate of Release of a Motor Vehicle.
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.
101-45.4901-114C-3 Standard Form 114C-3, Sale of Government Property
-- Special Spot Bid Conditions.
101-45.4901-114C-4 Standard Form 114C-4, Sale of Government Property
-- Special Auction Conditions.
101-45.4901-114D Standard Form 114D, Sale of Government Property --
Amendment of Invitation for Bids/Modification of Contract.
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, Report of Personal Property for
Sale (Continuation Sheet).
101-45.4901-150 Standard Form 150, Deposit Bond -- Individual
Invitation, Sale of Government Personal Property.
101-45.4901-151 Standard Form 151, Deposit Bond -- Annual, Sale of
Government Personal Property.
101-45.4901-291 Standard Form 291, Report of Activities Generating
Precious Metals.
41 CFR 101-45.4902 GSA forms.
(a) GSA forms in this section show their text, format, and
arrangement and provide a ready source of reference.
(b) GSA forms in this section may be obtained initially from the
General Service Administration, National Forms and Publications Center,
4900 South Hemphill Street, Warehouse No. 4, Dock No. 1, Fort Worth,
Texas 76115. Agency regional or field offices should submit future
requirements to their Washington headquarters office which will forward
consolidated annual requirements to the General Services Administration
(CAIR), Washington, DC 20405.
(42 FR 40857, Aug. 12, 1977, as amended at 53 FR 16125, May 5, 1988)
101-45.4902-27 GSA Form 27, Notice of Award (Sale of
Government-Owned Personal Property).
41 CFR 101-45.4902-27A GSA Form 27A, Notice of Award -- Continuation.
41 CFR 101-45.4903 Optional forms.
Optional forms illustrated in this 101-45.4903 show their text,
format, and arrangement and provide a ready source of reference. The
numbers in this subsection correspond with the Optional form numbers.
Optional forms illustrated in this 101-45.4903 may be obtained by
submitting a requisition in FEDSTRIP/MILSTRIP format to the GSA regional
office providing support to the requesting activity.
41 CFR 101-45.4903-15 Optional Form 15, poster, Sale of Government Property.
41 CFR 101-45.4903-16 Optional Form 16, Sales Slip, Sale of Government Personal Property.
41 CFR 101-45.4903-20 Optional Form 20, Notice to Surety -- Deposit Bond -- Annual Sale of Government Personal Property.
41 CFR 101-45.4903-20 PART 101-46 -- UTILIZATION AND DISPOSAL OF
PERSONAL PROPERTY PURSUANT TO EXCHANGE/SALE AUTHORITY
Sec.
101-46.000 Scope of part.
101-46.001 Definitions of terms.
101-46.001-1 Acquire.
101-46.001-2 Combat material.
101-46.001-3 Exchange.
101-46.001-4 Historic item.
101-46.001-5 Replacement.
101-46.002 Requests for deviation.
41 CFR 101-45.4903-20 Subpart 101-46.1 -- (Reserved)
41 CFR 101-45.4903-20 Subpart 101-46.2 -- Authorization
101-46.200 General authorization.
101-46.201 Agency responsibilities.
101-46.201-1 Exchange or sale determination.
101-46.201-2 Transfer and exchange between Federal agencies.
101-46.202 Restrictions and limitations.
101-46.203 Special authorizations.
41 CFR 101-45.4903-20 Subpart 101-46.3 -- Exchange and Sale Procedures
101-46.300 Scope of subpart.
101-46.301 Automatic data processing equipment (ADPE).
101-46.302 Exchange procedures.
101-46.303 Sales methods and procedures.
101-46.304 Availability of proceeds of sale.
101-46.305 Reports.
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).
Source: 53 FR 16125, May 5, 1988, unless otherwise noted.
41 CFR 101-46.000 Scope of part.
This part prescribes policies and methods governing the use by
executive agencies of the exchange/sale authority of section 201(c) of
the Federal Property and Administrative Services Act of 1949, 63 Stat.
384, as amended (40 U.S.C. 481(c)). It is applicable to all U.S.
Government-owned personal property worldwide.
41 CFR 101-46.001 Definition of terms.
For the purpose of this part, the following terms shall have the
meanings set forth in this section.
41 CFR 101-46.001-1 Acquire.
Acquire means procure, purchase, or obtain in any manner, including
transfer and manufacture or production at Government-owned or operated
plants and facilities.
41 CFR 101-46.001-2 Combat material.
Combat material means arms, ammunition, and implements of war listed
in the U.S. Munitions List (22 CFR part 121).
41 CFR 101-46.001-3 Exchange.
Exchange means to replace a nonexcess personal property item by trade
or trade-in with the supplier of the replacement item when the value of
the replaced item is used to reduce or offset the cost of the acquired
item. The supplier may be a Government agency, commercial or private
organization, or an individual.
41 CFR 101-46.001-4 Historic item.
Historic item means property having added value for display purposes
because of its historical significance that is greater than the fair
market value of the item for continued use. Items that are commonly
available and remain in use for their intended purpose, such as military
aircraft still in use by active or reserve units, would not be regarded
as historic items.
41 CFR 101-46.001-5 Replacement.
Replacement means and is limited to the process of acquiring property
specifically to be used in place of property which is still needed but
will no longer adequately perform all the tasks for which it was used.
41 CFR 101-46.002 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 a 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 or designee's approval, will be available
for public inspection in accordance with subpart 101-50.3 of this title.
41 CFR 101-46.002 Subpart 101-46.1 -- (Reserved)
41 CFR 101-46.002 Subpart 101-46.2 -- Authorization
41 CFR 101-46.200 General authorization.
Subject to the provisions of this part, in acquiring replacement
personal property, similar items may be exchanged or sold and executive
agencies are authorized to apply the exchange allowance or the proceeds
from sale in such cases in total or in partial payment for the
replacement property acquired. Any transaction carried out under this
part shall be evidenced in writing.
41 CFR 101-46.201 Agency responsibilities.
41 CFR 101-46.201-1 Exchange or sale determination.
Each agency considering exchange or sale of property under the
provisions of this part shall determine in each case whether exchange or
sale will obtain the greater return for the Government. All
administrative and overhead costs shall be considered when estimating
the return by either method. If the sales transaction for a line item
processed under this part has estimated proceeds of less than $100, it
is normally considered to be uneconomical. If exchange is also
impractical or the exchange allowance is unreasonably low, the property
should be declared excess and processed in accordance with part 101-43.
41 CFR 101-46.201-2 Transfer and exchange between Federal agencies.
(a) Executive agencies having property other than automatic data
processing equipment (ADPE) that is determined to be available for
exchange or sale under this part shall, to the maximum extent
practicable or economical and prior to any disposal action, solicit
Federal agencies known to use or distribute this property and arrange
for transfers thereto, except that no attempt need be made to obtain
further utilIzation of property that is eligible for replacement in
accordance with replacement standards prescribed in subpart 101-25.4.
GSA will solicit other agencies' requirements for ADPE determined to be
available for exchange or sale subsequent to reporting in accordance
with FIRMR 201-33.011 (41 CFR 201-33.011).
(b) Executive agencies may exchange similar property with other
Federal agencies and the Senate, the House of Representatives, the
Architect of the Capitol and any activities under the Architect's
direction, the District of Columbia, and mixed-ownership Government
corporations.
(c) Transfers of personal property under this part shall be made upon
such terms as shall be agreed to by the Federal agencies concerned
(including those listed in paragraph (a) of this section). However,
agencies offering property for transfer for further utilization within
the Government shall not in any case require reimbursement of an amount
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 basis. Funds shall be transferred in accordance with such
terms, and the exchange allowance or other proceeds of transfer shall be
applied in whole or part payment for personal property acquired.
41 CFR 101-46.202 Restrictions and limitations.
(a) Items which are found in any of the Federal supply classification
groups listed below are not eligible for handling under the provisions
of this part.
10 Weapons.
11 Nuclear ordnance.
12 Fire control equipment.
14 Guided missiles.
15 Aircraft and airframe structural components.
16 Aircraft components and accessories.
17 Aircraft launching, landing, and ground handling equipment.
20 Ship and marine equipment.
22 Railway equipment.
31 Bearings.
32 Woodworking machinery and equipment, except lathes, milling
machines, and saws, circular or band.
34 Metalworking machinery, except drill presses, lathes, milling
machines, and saws, circular or band.
40 Rope, cable, chain, and fittings.
41 Refrigeration, air conditioning, and air circulating equipment.
42 Firefighting, rescue, and safety equipment.
44 Furnace, steam plant, and drying equipment; and nuclear reactors.
45 Plumbing, heating, and sanitation equipment.
46 Water purification and sewage treatment equipment.
47 Pipe, tubing, hose, and fittings.
48 Valves.
51 Hand tools.
53 Hardware and abrasives.
54 Prefabricated structures and scaffolding.
55 Lumber, millwork, plywood, and veneer.
56 Construction and building materials.
68 Chemicals and chemical products, except medicinal chemicals.
71 Furniture.
75 Office supplies and devices, except cards, tabulating.
83 Textiles, leather, furs, apparel and shoe findings, tents and
flags.
84 Clothing, individual equipment, and insignia.
(b) The application of exchange allowances or proceeds of sale in
whole or in part payment for personal property acquired is authorized
only when all of the following conditions apply:
(1) The item sold or exchanged is similar to the item acquired.
Sufficient data shall be made a matter of record to establish that the
acquired item and the replaced item were similar. Items are deemed
similar when:
(i) The replaced item and the acquired item are identical;
(ii) The acquired item is designed and constructed for the same
specific purpose as the replaced item, or both constitute parts or
containers for identical or similar end items; or
(iii) The acquired item and the replaced item both fall within a
single category in the following list:
Agriculture products, processed foods, and forage.
Ammunition and ammunition components.
Animals and animal products.
Batteries, storage.
Cards, tabulating.
Ditching machines.
Dozer blades.
Drill presses.
Drugs, biologicals, and official reagents.
Earth augers.
Graders, self-powered and towed.
Lathes.
Machines, adding and calculating.
Machines, dictating and transcribing.
Machines, duplicating.
Machines, punched card, bookkeeping, tabulating and accounting.
Milling machines.
Mixers, concrete, portable or truck mounted.
Pile drivers.
Plows, snow, motorized.
Road rollers, wheeled and sheepsfoot.
Saws, circular or band.
Scrapers, earth moving, towed.
Sedans, station wagons, coupes, limousines.
Spreaders, aggregate and lime.
Tractors, warehouse.
Tractors, wheeled or crawler, with or without special attachments up
to 65 h.p.
Trailers, general purpose, multiple axle.
Trailers, general purpose, single axle.
Trailers, tank mounted.
Trucks, forklift.
Trucks, general purpose, cargo and construction, 12,500 GVW through
28,000 GVW (including truck tractors, dump, multiple drive, etc.)
Trucks, general purpose and utility, up to 12,500 GVW (including
suburbans, carryalls, and sedan deliveries).
Trucks, straddle.
Trucks, tank (special purpose trailer of which the tank is an
integral part of the construction).
Trucks, warehouse, platform, electric and gasoline powered.
Typewriters, manual and electric.
(2) The items sold or exchanged (with the exception of automatic data
processing equipment to be exchanged by GSA) are not excess, and the
items acquired are needed in the conduct of approved programs;
(3) One item is to be acquired to replace one similar item. The only
exceptions to the one-for-one rule shall be:
(i) The items acquired must perform all or substantially all of the
tasks in which the old items would otherwise be used; and
(ii) The items sold or exchanged and the items acquired are parts or
containers fcr identical or similar end items.
(4) There has been at the time of exchange or sale (or at the time of
acquisition if it precedes the sale) a written administrative
determination to apply the exchange allowance or proceeds of sale in
acquiring property in accordance with this subpart 101-46.2;
(5) The transaction will foster the economical and efficient
accomplishment of an approved program; and
(6) The item to be exchanged or sold was acquired for official use
and not for the principal purpose of exchange or sale.
(c) This part shall not be construed to authorize:
(1) The acquisition of personal property by an executive agency when
such acquisition is not otherwise authorized by law.
(2) The acquisition of personal property by an executive agency in
contravention of:
(i) Any restriction upon the procurement of a commodity or
commodities, or
(ii) Any replacement policy or standard, prescribed by the President,
the Congress, or by the Administrator of General Services.
(3) The acquisition of personal property other than under a
consolidated purchasing or stores program or Federal Supply Schedule
contract where procurement under such program or contract is required by
regulations or other directives prescribed by the Administrator of
General Services.
(4) The sale, transfer, or exchange of excess property (other than
automatic data processing equipment to be exchanged by GSA) or surplus
property under this part.
(5) The sale, transfer, or exchange of strategic and critical
materials, unless the provisions of 101-14.103-2 are met.
(6) The sale, transfer, or exchange of Nuclear Regulatory
Commission-controlled materials (as defined in part 101-43) except in
accordance with applicable regulations of the Nuclear Regulatory
Commission (See 10 CFR parts 30, 40, and 70).
(7) The sale or exchange of controlled substances, except in
accordance with part 101-45.
(8) The sale of personal property in new or unused condition under
this part.
(9) The sale, transfer, or exchange of scrap materials under this
part, except in the case of scrap gold for fine gold.
(10) Even though otherwise eligible, the exchange or sale of property
which was originally acquired as excess or forfeited property, or from
another source other than new procurement, unless such property has been
placed in official use by the acquiring agency for a minimum of 1 year.
Forfeited property placed in official use for less than 1 year may be
exchanged or sold if the head of the agency certifies that a continuing
valid requirement exists, but the specific item in use no longer meets
that requirement, and that the exchange or sale meets all other
requirements of this part. Property exchanged or sold subject to such
certification shall be reflected separately on the annual report
required by 101-46.305.
(11) The exchange or sale of property which is dangerous to public
health or safety without first rendering such property innocuous or
providing adequate safeguards therefor.
(12) The exchange or sale of combat material pursuant to this part
without first demilitarizing such property if such demilitarization is
found by a fully authorized official of the executive agency concerned
to be in the best interest of public health, safety, or security. Such
demilitarization may include rendering such property innocuous,
stripping from it any confidential or secret characteristics, or making
it unfit for military use. Demilitarization of property to be exchanged
or sold shall be accomplished in such manner as to preserve so far as
possible any civilian utility or commercial value of the property.
(d) This part does not apply to materials in the National Defense
Stockpile (50 U.S.C. 98-98h), or the Defense Production Act inventory
(50 U.S.C. App. 2093).
41 CFR 101-46.203 Special authorizations.
(a) Notwithstanding any other provisions of this part, executive
agencies may exchange, without monetary appraisal or detailed listing or
reporting, books and periodicals in their libraries not needed for
permanent use for other books and periodicals.
(b) In acquiring items for historical preservation or display at
Federal museums, executive agencies may exchange historic items in the
museum property account without regard to the Federal supply
classification group or the requirement in 101-46.202 to replace items
on a one-for-one basis, provided the exchange transaction is documented
and certified by the agency head to be in the best interest of the
Government and all other provisions of this part are met. The
documentation must contain a determination that the item exchanged and
the item acquired are historic items as defined in 101-46.001-3.
Historic items so exchanged shall be reflected separately on the annual
report required by 101-46.305.
41 CFR 101-46.203 Subpart 101-46.3 -- Exchange and Sale Procedures
41 CFR 101-46.300 Scope of subpart.
This subpart prescribes the policies and methods governing the actual
exchange or sale of property which qualifies in accordance with this
part. Any property to be sold will be reported for sale to GSA or other
authorized agency sales office as provided in part 101-45. This
property will be reported in the same manner as surplus personal
property but identified as replacement property subject to the same
exemptions and exceptions on reporting as otherwise would be applicable
to surplus personal property.
41 CFR 101-46.301 Automatic data processing equipment (ADPE).
ADPE equipment that qualifies for exchange or sale in accordance with
this part shall first be reported for possible reutilization among
Federal agencies as provided in FIRMR part 201-33 (41 CFR part 201-33).
If not transferred for other reutilization among Federal agencies, ADPE
may be exchanged or sold in accordance with this part.
41 CFR 101-46.302 Exchange procedures.
(a) Most exchange transactions should occur when a vendor delivers a
replacement item and removes the item replaced. This is the most
efficient and cost effective exchange procedure because the item being
replaced may remain in use up to the time the replacement item is
delivered, when it is immediately removed by the vendor. Exchanges of
items which are not in use or when delivery of the replacement item and
removal of the item replaced does not coincide generally involve
additional storage, handling and administrative costs, and should be
kept to a minimum.
(b) An executive agency may internally reassign eligible items no
longer needed by one organizational unit to another for use by the
gaining unit for exchange with the supplier of a replacement item.
Physical movement of the reassigned item is unnecessary when the
supplier of the replacement item will accept it at the original
location. An item reassigned for exchange purposes may also be
delivered directly to the supplier of the replacement item to minimize
storage and handling.
41 CFR 101-46.303 Sales methods and procedures.
(a) The methods of sale, terms and conditions of sale, and forms
prescribed in 101-45.304 shall also be used in the sale of replacement
property, except that negotiated sales of surplus personal property
prescribed in 101-45.304-2(a) are not applicable to the sale of
property being replaced. Section 3709, Revised Statutes (41 U.S.C. 5),
is applicable to such sales. While it is the policy to sell property
eligible for exchange or sale after publicly advertising for bids, such
property also may be sold by negotiation by GSA or the holding agency
subject to obtaining such competition as is feasible when:
(1) The reasonable value involved in any one case does not exceed
$500, or
(2) Otherwise authorized by law.
(b) Property eligible for exchange or sale may be sold by negotiation
at fixed prices with the prior approval of the categories by the
Administrator of General Services (or designee), in the same manner and
subject to the same conditions as are applicable to the sale of surplus
personal property at fixed prices (see 101-45.304-2).
(c) Property eligible for exchange or sale may be offered, pursuant
to 101-45.304-12, through State agencies, to States, territories,
possessions, political subdivisions thereof, or tax-supported agencies
therein by negotiation at fixed prices prior to public sale.
(55 FR 17611, Apr. 26, 1990)
41 CFR 101-46.304 Availability of proceeds of sale.
Except as otherwise authorized by law, proceeds from sales of
personal property disposed of pursuant to this part shall be accounted
for in accordance with General Accounting Office Policy and Procedures
Manual for Guidance of Federal Agencies, title 7, Fiscal Procedures,
section 15.4. The requirements for a written administrative
determination to establish that a bona fide replacement is involved are
set forth in 101-46.200. Procedures for the application of the proceeds
from sale of the acquisition of similar items follow:
(a) Sale of property before the purchase of replacement property.
(1) When the property to be replaced is sold before the acquisition of
the replacement property, the proceeds of such sales will be credited to
the agency's account, using Standard Form 1081, Voucher and Schedule of
Withdrawals, or Credits, or other approved forms.
(2) The proceeds of such sales will be available for obligation for
the acquisition of similar replacement items of personal property during
the fiscal year in which the sale is made and for one fiscal year
thereafter.
(3) Proceeds of sales related to personal property for which an
obligation for replacement has not been incurred during the period of
availability following the date of sale, or sales proceeds which for
other reasons an agency elects not to apply to replacement costs, shall
be deposited to miscellaneous receipts account ''2649 Proceeds from sale
of equipment and other personal property not otherwise classified,''
unless other disposition is authorized by law.
(4) If it is determined at the time of collection that sales proceeds
will not be applied to replacement acquisitions, the deposit should be
made directly to the miscellaneous receipts account.
(b) Sale of property after the purchase of replacement property.
When the replaced property is sold after the acquisition of the
replacement property, the proceeds of such sale may be deposited as a
direct reimbursement credit to the appropriation previously charged for
the replacement of similar items of personal property.
(c) Application of proceeds. Executive agencies need not reassign
property among their organizational units in order to apply sales
proceeds from an eligible item sold from the property account of one
organizational unit to the cost of a similar item acquired by another
organizational unit of that agency.
41 CFR 101-46.305 Reports.
(a) Within 90 calendar days after the close of each fiscal year,
executive agencies shall submit a summary report in letter form on the
transactions made under this part during the fiscal year except for
transactions involving books and periodicals as follows:
(1) Total acquisition cost of property exchanged with the exchange
allowance and total acquisition cost for property sold with the proceeds
shall be furnished in separate columns and further broken down by
two-digit Federal supply classification groups.
(2) Total acquisition cost for property acquired from any source
other than new procurement which was subsequently exchanged or sold
after being placed in official use for less than 1 year pursuant to
101-46.202(c)(10) and for historical items exchanged pursuant to
101-46.203(b) shall be reflected separately by two-digit Federal supply
classification groups.
(3) These data shall also be separated into two categories by
geographic location as follows:
(i) The States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, the Trust Territory of the Pacific
Islands, and the Virgin Islands; and
(ii) All other areas of the world.
(b) The summaries shall not include any property that was initially
designated for exchange/sale but which was transferred for further
Federal utilization or was subsequently redesignated as excess or
surplus property.
(c) Reports shall be addressed to the General Services Administration
(FB), Washington, DC 20406.
(d) The report required by this regulation has been assigned
interagency report control number 1528-GSA-AN in accordance with FIRMR
201-45.6 (41 CFR 201-45.6).
(e) Negative reports are required.
41 CFR 101-46.305 Pt. 101-47
41 CFR 101-46.305 PART 101-47 -- UTILIZATION AND DISPOSAL OF REAL
PROPERTY
Sec.
101-47.000 Scope of part.
41 CFR 101-46.305 Subpart 101-47.1 -- General Provisions
101-47.100 Scope of subpart.
101-47.101 Applicability.
101-47.102 (Reserved)
101-47.103 Definitions.
101-47.103-1 Act.
101-47.103-2 GSA.
101-47.103-3 Airport.
101-47.103-4 Chapel.
101-47.103-5 Decontamination.
101-47.103-6 Disposal agency.
101-47.103-7 Holding agency.
101-47.103-8 Industrial property.
101-47.103-9 Landing area.
101-47.103-10 Management.
101-47.103-11 Protection.
101-47.103-12 Real property.
101-47.103-13 Related personal property.
101-47.103-14 Other terms defined in the Act.
101-47.103-15 Other terms.
41 CFR 101-46.305 Subpart 101-47.2 -- Utilization of Excess Real
Property
101-47.200 Scope of subpart.
101-47.201 General provisions of subpart.
101-47.201-1 Policy.
101-47.201-2 Guidelines.
101-47.201-3 Lands withdrawn or reserved from the public domain.
101-47.201-4 Transfers under other laws.
101-47.202 Reporting of excess real property.
101-47.202-1 Reporting requirements.
101-47.202-2 Report forms.
101-47.202-3 Submission of reports.
101-47.202-4 Exceptions to reporting.
101-47.202-5 Reporting after submissions to the Congess.
101-47.202-6 Reports involving the public domain.
101-47.202-7 Reports involving contaminated property.
101-47.202-8 Notice of receipt.
101-47.202-9 Expense of protection and maintenance.
101-47.202-10 Examination for acceptability.
101-47.203 Utilization.
101-47.203-1 Reassignment of real property by the agencies.
101-47.203-2 Transfer and utilization.
101-47.203-3 Notification of agency requirements.
101-47.203-4 Real property excepted from reporting.
101-47.203-5 Screening of excess real property.
101-47.203-6 Designation as personal property.
101-47.203-7 Transfers.
101-47.203-8 Temporary utilization.
101-47.203-9 Non-Federal interim use of property.
101-47.203-10 Withdrawals.
101-47.204 Determination of surplus.
101-47.204-1 Reported property.
101-47.204-2 Property excepted from reporting.
41 CFR 101-46.305 Subpart 101-47.3 -- Surplus Real Property Disposal
101-47.300 Scope of subpart.
101-47.301 General provisions of subpart.
101-47.301-1 Policy.
101-47.301-2 Applicability of antitrust laws.
101-47.301-3 Disposals under other laws.
101-47.301-4 Credit disposals and leases.
101-47.302 Designation of disposal agencies.
101-47.302-1 General.
101-47.302-2 Holding agency.
101-47.302-3 General Services Administration.
101-47.303 Responsibility of disposal agency.
101-47.303-1 Classification.
101-47.303-2 Disposals to public agencies.
101-47.303-2a Notice for zoning purposes.
101-47.303-3 Studies.
101-47.303-4 Appraisal.
101-47.304 Advertised and negotiated disposals.
101-47.304-1 Publicity.
101-47.304-2 Soliciting cooperation of local groups.
101-47.304-3 Information to interested persons.
101-47.304-4 Invitation for offers.
101-47.304-5 Inspection.
101-47.304-6 Submission of offers.
101-47.304-7 Advertised disposals.
101-47.304-8 (Reserved)
101-47.304-9 Negotiated disposals.
101-47.304-10 Disposals by brokers.
101-47.304-11 Documenting determinations to negotiate.
101-47.304-12 Explanatory statements.
101-47.304-13 Provisions relating to asbestos.
101-47.304-14 Provisions relating to hazardous substance activity.
101-47.305 Acceptance of offers.
101-47.305-1 General.
101-47.305-2 Equal offers.
101-47.305-3 Notice to unsuccessful bidders.
101-47.306 Absence of acceptable offers.
101-47.306-1 Negotiations.
101-47.306-2 Defense Industrial Reserve properties.
101-47.307 Conveyances.
101-47.307-1 Form of deed or instrument of conveyance.
101-47.307-2 Conditions in disposal instruments.
101-47.307-3 Distribution of conformed copies of conveyance
instruments.
101-47.307-4 Disposition of title papers.
101-47.307-5 Title transfers from Government corporations.
101-47.307-6 Proceeds from disposals.
101-47.308 Special disposal provisions.
101-47.308-1 Power transmission lines.
101-47.308-2 Property for public airports.
101-47.308-3 Property for use as historic monuments.
101-47.308-4 Property for educational and public health purposes.
101-47.308-5 Property for use as shrines, memorials, or for religious
purposes.
101-47.308-6 Property for housing and related facilities.
101-47.308-7 Property for use as public park or recreation areas.
101-47.308-8 Property for displaced persons.
101-47.308-9 Property for correctional facility use.
101-47.309 Disposal of leases, permits, licenses, and similar
instruments.
101-47.310 Disposal of structures and improvements on
Government-owned land.
101-47.311 Disposal of residual personal property.
101-47.312 Non-Federal interim use of property.
101-47.313 Easements.
101-47.313-1 Disposal of easements to owner of servient estate.
101-47.313-2 Grants of easements in or over Government property.
101-47.314 Compliance.
101-47.314-1 General.
101-47.314-2 Extent of investigations.
41 CFR 101-46.305 Subpart 101-47.4 -- Management of Excess and Surplus
Real Property
101-47.400 Scope of subpart.
101-47.401 General provisions of subpart.
101-47.401-1 Policy.
101-47.401-2 Definitions.
101-47.401-3 Taxes and other obligations.
101-47.401-4 Decontamination.
101-47.401-5 Improvements or alterations.
101-47.401-6 Interim use and occupancy.
101-47.402 Protection and maintenance.
101-47.402-1 Responsibility.
101-47.402-2 Expense of protection and maintenance.
101-47.403 Assistance in disposition.
41 CFR 101-46.305 Subpart 101-47.5 -- Abandonment, Destruction, or
Donation to Public Bodies
101-47.500 Scope of subpart.
101-47.501 General provisions of subpart.
101-47.501-1 Definitions.
101-47.501-2 Authority for disposal.
101-47.501-3 Dangerous property.
101-47.501-4 Findings.
101-47.502 Donations to public bodies.
101-47.502-1 Cost limitations.
101-47.502-2 Disposal costs.
101-47.503 Abandonment and destruction.
101-47.503-1 General.
101-47.503-2 Notice of proposed abandonment or destruction.
101-47.503-3 Abandonment or destruction without notice.
41 CFR 101-46.305 Subpart 101-47.6 -- Delegations
101-47.600 Scope of subpart.
101-47.601 Delegation to Department of Defense.
101-47.602 Delegation to the Department of Agriculture.
101-47.603 Delegations to the Secretary of the Interior.
101-47.604 Delegation to the Department of the Interior, the
Department of Health and Human Services, and the Department of
Education.
41 CFR 101-46.305 Subpart 101-47.7 -- Conditional Gifts of Real
Property To Further the Defense Effort
101-47.700 Scope of subpart.
101-47.701 Offers and acceptance of conditional gifts.
101-47.702 Consultation with agencies.
101-47.703 Advice of disposition.
101-47.704 Acceptance of gifts under other laws.
41 CFR 101-46.305 Subpart 101-47.8 -- Identification of Unneeded
Federal Real Property
101-47.800 Scope of subpart.
101-47.801 Standards.
101-47.802 Procedures.
41 CFR 101-46.305 Subpart 101-47.9 Use of Federal Real Property to
Assist the Homeless
101-47.901 Definitions.
101-47.902 Applicability.
101-47.903 Collecting the information.
101-47.904 Suitability determination.
101-47.905 Real property reported excess to GSA.
101-47.906 Suitability criteria.
101-47.907 Determination of availability.
101-47.908 Public notice of determination.
101-47.909 Application process.
101-47.910 Action on approved applications.
101-47.911 Unsuitable properties.
101-47.912 No applications approved.
41 CFR 101-46.305 Subparts 101-47.10 -- 101-47.48 (Reserved)
41 CFR 101-46.305 Subpart 101-47.49 -- Illustrations
101-47.4900 Scope of subpart.
101-47.4901 (Reserved)
101-47.4902 Standard Form 118, Report of Excess Real Property.
101-47.4902-1 Standard Form 118a, Buildings, Structures, Utilities,
and Miscellaneous Facilities.
101-47.4902-2 Standard Form 118b, Land.
101-47.4902-3 Standard Form 118c, Related Personal Property.
101-47.4902-4 Instructions for the preparation of Standard Form 118,
and Attachments, Standard Forms 118a, 118b, and 118c.
101-47.4904 GSA Form 1334, Request for Transfer of Excess Real and
Related Personal Property.
101-47.4904-1 Instructions for preparation of GSA Form 1334, Request
for Transfer of Excess Real and Related Personal Property.
101-47.4905 Extract of statutes authorizing disposal of surplus real
property to public agencies.
101-47.4906 Sample notice to public agencies of surplus
determination.
101-47.4906a Attachment to notice sent to zoning authority.
101-47.4906b Paragraph to be added to letter sent to zoning
authority.
101-47.4906-1 Sample letter for transmission of notice of surplus
determination.
101-47.4906-2 Sample letter to a State single point of contact.
101-47.4907 List of Federal real property holding agencies.
101-47.4908 Excess profits covenant.
101-47.4909 Highest and best use.
101-47.4910 Field offices of Department of Health, Education, and
Welfare.
101-47.4911 Outline for explanatory statements for negotiated sales.
101-47.4912 Regional offices of the Bureau of Outdoor Recreation,
Department of the Interior.
101-47.4913 Outline for protection and maintenance of excess and
surplus real property.
101-47.4914 Executive Order 12512.
Authority: 40 U.S.C. 486(c). Subpart 101-47.9 also issued under 42
U.S.C. 11411.
Source: 29 FR 16126, Dec. 3, 1964, unless otherwise noted.
41 CFR 101-47.000 Scope of part.
This part prescribes the policies and methods governing the
utilization and disposal of excess and surplus real property and related
personal property within the States of the Union, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the
Trust Territory of the Pacific Islands, and the Virgin Islands.
(47 FR 4521, Feb. 1, 1982)
41 CFR 101-47.000 Subpart 101-47.1 -- General Provisions
41 CFR 101-47.100 Scope of subpart.
This subpart sets forth the applicability of this part 101-47, and
other introductory information.
41 CFR 101-47.101 Applicability.
The provisions of this part 101-47 apply to all Federal agencies,
except as may otherwise be specifically provided under each section or
subpart.
101-47.102 (Reserved)
41 CFR 101-47.103 Definitions.
As used throughout this part 101-47, the following terms shall have
the meanings as set forth in this subpart 101-47.1.
41 CFR 101-47.103-1 Act.
The Federal Property and Administrative Services Act of 1949, 63
Stat. 377, as amended.
41 CFR 101-47.103-2 GSA.
The General Services Administration, acting by or through the
Administrator of General Services, or a designated official to whom
functions under this part 101-47 have been delegated by the
Administrator of General Services.
41 CFR 101-47.103-3 Airport.
Any area of land or water which is used, or intended for use, for the
landing and takeoff of aircraft, and any appurtenant areas which are
used, or intended for use, for airport buildings or other airport
facilities or rights-of-way, together with all airport buildings and
facilities located thereon.
41 CFR 101-47.103-4 Chapel.
Any Government-owned building and improvements, including surplus
fixtures or furnishings therein, related or essential to the religious
activities and services for which the building is to be used and
maintained, was designed for and used, or was intended to be used.
41 CFR 101-47.103-5 Decontamination.
The complete removal or destruction by flashing of explosive powders;
the neutralizing and cleaning-out of acid and corrosive materials; the
removal, destruction, or neutralizing of toxic, hazardous or infectious
substances; and the complete removal and destruction by burning or
detonation of live ammunition from contaminated areas and buildings.
(53 FR 29893, Aug. 9, 1988)
41 CFR 101-47.103-6 Disposal agency.
The executive agency designated by the Administrator of General
Services to dispose of surplus real property.
41 CFR 101-47.103-7 Holding agency.
The Federal agency which has accountability for the property
involved.
41 CFR 101-47.103-8 Industrial property.
Any real property and related personal property which has been used
or which is suitable to be used for manufacturing, fabricating, or
processing of products; mining operations; construction or repair of
ships and other waterborne carriers; power transmission facilities;
railroad facilities; and pipeline facilities for transporting petroleum
or gas.
41 CFR 101-47.103-9 Landing area.
Any land or combination of water and land, together with improvements
thereon and necessary operational equipment used in connection
therewith, which is used for landing, takeoff, and parking of aircraft.
The term includes, but is not limited to, runways, strips, taxiways, and
parking aprons.
41 CFR 101-47.103-10 Management.
The safeguarding of the Government's interest in property, in an
efficient and economical manner consistent with the best business
practices.
41 CFR 101-47.103-11 Protection.
The provisions of adequate measures for prevention and extinguishment
of fires, special inspections to determine and eliminate fire and other
hazards, and necessary guards to protect property against thievery,
vandalism, and unauthorized entry.
41 CFR 101-47.103-12 Real property.
(a) Any interest in land, together with the improvements, structures,
and fixtures located thereon (including prefabricated movable
structures, such as Butler-type storage warehouses and quonset huts, and
housetrailers with or without undercarriages), and appurtenances
thereto, under the control of any Federal agency, except:
(1) The public domain;
(2) Lands reserved or dedicated for national forest or national park
purposes;
(3) Minerals in lands or portions of lands withdrawn or reserved from
the public domain which the Secretary of the Interior determines are
suitable for disposition under the public land mining and mineral
leasing laws;
(4) Lands withdrawn or reserved from the public domain but not
including lands or portions of lands so withdrawn or reserved which the
Secretary of the Interior, with the concurrence of the Administrator of
General Services, determines are not suitable for return to the public
domain for disposition under the general public land laws because such
lands are substantially changed in character by improvements or
otherwise; and
(5) Crops when designated by such agency for disposition by severance
and removal from the land.
(b) Improvements of any kind, structures, and fixtures under the
control of any Federal agency when designated by such agency for
disposition without the underlying land (including such as may be
located on the public domain, or lands withdrawn or reserved from the
public domain, or lands reserved or dedicated for national forest or
national park purposes, or on lands that are not owned by the United
States) excluding, however, prefabricated movable structures, such as
Butler-type storage warehouses and quonset huts, and housetrailers (with
or without undercarriages).
(c) Standing timber and embedded gravel, sand, or stone under the
control of any Federal agency whether designated by such agency for
disposition with the land or by severance and removal from the land,
excluding timber felled, and gravel, sand, or stone excavated by or for
the Government prior to disposition.
(29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. 2, 1965;
33 FR 8737, June 14, 1968)
41 CFR 101-47.103-13 Related personal property.
Related personal property means any personal property:
(a) Which 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) Which is determined by the Administrator of General Services to
be related to the real property.
(46 FR 45951, Sept. 16, 1981)
41 CFR 101-47.103-14 Other terms defined in the Act.
Other terms which are defined in the Act shall have the meanings
given them by such Act.
41 CFR 101-47.103-15 Other terms.
Other terms not applicable throughout this part are defined in the
sections or subparts to which they apply.
41 CFR 101-47.103-15 Subpart 101-47.2 -- Utilization of Excess Real Property
41 CFR 101-47.200 Scope of subpart.
(a) This subpart prescribes the policies and methods governing the
reporting by executive agencies and utilization by Federal agencies of
excess real property, including related personal property within the
State of the Union, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands,
and the Virgin Islands. This subpart does not apply to the abandonment,
destruction, or donation to public bodies, under section 202(h) of the
Act (covered by subpart 101-47.5).
(b) The provisions of this subpart 101-47.2 shall not apply to
asbestos on Federal property which is subject to section 120(h) of the
Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.
(53 FR 29893, Aug. 9, 1988)
101-47.201 General provisions of subpart.
41 CFR 101-47.201-1 Policy.
It is the policy of the Administrator of General Services:
(a) To stimulate the identification and reporting by executive
agencies of excess real property.
(b) To achieve the maximum utilization by executive agencies, in
terms of economy and efficiency, of excess real property in order to
minimize expenditures for the purchase of real property.
(c) To provide for the transfer of excess real property among Federal
agencies, to mixed-ownership Government corporations, and to the
municipal government of the District of Columbia.
(29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11, 1977)
41 CFR 101-47.201-2 Guidelines.
(a) Each executive agency shall:
(1) Survey real property under its control (including property
assigned on a permit basis to other Federal agencies, or outleased to
States, local governments, other public bodies, or private interests) at
least annually to identify property which is not needed, underutilized,
or not being put to optimum use. When other needs for the property are
identified or recognized, the agency shall determine whether
continuation of the current use or another Federal or other use would
better serve the public interest, considering both the agency's needs
and the property's location. In conducting each review, agencies shall
be guided by 101-47.801(b), other applicable General Services
Administration regulations, and such criteria as may be established by
the Federal Property Council;
(2) Maintain its inventory of real property at the absolute minimum
consistent with economical and efficient conduct of the affairs of the
agency; and
(3) Promptly report to GSA real property which it has determined to
be excess.
(b) Each executive agency shall, so far as practicable, pursuant to
the provisions of this subpart, fulfill its needs for real property by
utilization of excess real property.
(c) To preclude the acquisition by purchase of real property when
excess or surplus property of another Federal agency may be available
which would meet the need, each executive agency shall notify GSA of its
needs and ascertain whether any such property is available. However, in
specific instances where the agency's proposed acquisition of real
property is dictated by such factors as exact geographical location,
topography, engineering, or similar characteristics which limit the
possible use of other available property, the notification shall not be
required. For example, for a dam site or reservoir area or the
construction of a generating plant or a substation specific lands are
needed and, ordinarily, no purpose would be served by such notification.
(d) In every case of a proposed transfer of excess real property, the
paramount consideration shall be the validity and appropriateness of the
requirement upon which the proposal is based.
(1) A proposed transfer should not establish a new program of an
executive agency which has never been reflected in any previous budget
submission or congressional action; nor should it substantially
increase the level of an agency's existing programs beyond that which
has been contemplated in the President's budget or by the Congress.
(2) Before requesting a transfer of excess real property, an
executive agency should:
(i) Screen the holdings of the bureaus or other organizations within
the agency to determine whether the new requirement can be met through
improved utilization. Any utilization, however, must be for purposes
that are consistent with the highest and best use of the property under
consideration; and
(ii) Review all real property under its accountability which it has
assigned on a permit basis to other Federal agencies, or outleased to
States, local governments, other public bodies, or private interests and
terminate the permit or lease for any property, or portion thereof, that
is suitable for the proposed need whenever such termination is not
prohibited by the terms of the permit or lease.
(3) Property found to be available under 101-47.201-2(d)(2) (i) or
(ii), should be utilized for the proposed need in lieu of requesting a
transfer of excess real property. Reassignments of such property within
the agency should be made in appropriate cases.
(4) The appraised fair market value of the excess real property
proposed for transfer should not substantially exceed the probable
purchase price of other real property which would be suitable for the
intended purpose.
(5) The size and quantity of excess real property to be transferred
should be limited to the actual requirements. Other portions of an
excess installation which can be separated should be withheld from
transfer and made available for disposal to other agencies or to the
public.
(6) Consideration should be given to the design, layout, geographic
location, age, state of repair, and expected maintenance costs of excess
real property proposed for transfer. It should be clearly demonstrated
that the transfer will prove more economical over a sustained period of
time than acquisition of a new facility specifically planned for the
purpose.
(7) Excess real property should not be permanently transferred to
agencies for programs which appear to be scheduled for substantial
curtailment or termination. In such cases, the property may be
temporarily transferred on a conditional basis, with an understanding
that the property will be released for further Federal utilization or
disposal as surplus property, at a time agreed upon when the transfer is
arranged (see 101-47.203-8).
(e) Excess real property of a type which may be used for office,
storage, and related purposes normally will be assigned by, or at the
direction of, GSA for use to the requesting agency in lieu of being
transferred to the agency.
(f) Federal agencies which normally do not require real property,
other than for office, storage, and related purposes, or which may not
have statutory authority to acquire such property, may obtain the use of
excess real property for an approved program when authorized by GSA.
(29 FR 16126, Dec. 3, 1964, as amended at 39 FR 11281, Sept. 2, 1965;
37 FR 5029, Mar. 9, 1972; 40 FR 12078, Mar. 17, 1975)
41 CFR 101-47.201-3 Lands withdrawn or reserved from the public domain.
(a) Agencies holding lands withdrawn or reserved from the public
domain, which they no longer need, shall send to the GSA regional office
for the region in which the lands are located an information copy of
each notice of intention to relinquish filed with the Department of the
Interior (43 CFR part 2372, et seq.).
(b) Section 101-47.202-6 prescribes the procedure for reporting to
GSA as excess property, certain lands or portions of lands withdrawn or
reserved from the public domain for which such notices have been filed
with the Department of the Interior.
(29 FR 16126, Dec. 3, 1964, as amended at 42 FR 40698, Aug. 11, 1977)
41 CFR 101-47.201-4 Transfers under other laws.
Pursuant to section 602(c) of the Act, transfers of real property
shall not be made under other laws, but shall be made only in strict
accordance with the provisions of this subpart unless the Administrator
of General Services, upon written application by the disposal agency,
shall determine in each case that the provisions of any such other law,
pursuant to which a transfer is proposed to be made, are not
inconsistent with the authority conferred by this Act. The provisions
of this section shall not apply to transfers of real property authorized
to be made by section 602(d) of the Act or by any special statute which
directs or requires an executive agency named therein to transfer or
convey specifically described real property in accordance with the
provisions of such statute.
101-47.202 Reporting of excess real property.
41 CFR 101-47.202-1 Reporting requirements.
Each executive agency shall report to GSA, pursuant to the provisions
of this section, all excess real property except as provided in
101-47.202-4. Reports of excess real property shall be based on the
agency's official real property records and accounts.
(a) All excess related personal property shall be reported as a part
of the same report covering the excess real property.
(b) Upon request of the Administrator of General Services, executive
agencies shall institute specific surveys to determine that portion of
real property, including unimproved property, under their control which
might be excess and suitable for office, storage, and related
facilities, and shall report promptly to the Administrator of General
Services as soon as each survey is completed.
41 CFR 101-47.202-2 Report forms.
Reports of excess real property and related personal property shall
be prepared on Standard Form 118, Report of Excess Real Property (see
101-47.4902), and accompanying Standard Form 118a, Buildings Structures,
Utilities, and Miscellaneous Facilities, Schedule A ( 101-47.4902-1);
Standard Form 118b, Land, Schedule B (see 101-47.402-2); and Standard
Form 118c, Related Personal Property, Schedule C (see 101-47.4902-3).
Instructions for the preparation of Standard Forms 118, 118a, 118b, and
118c are set forth in 101-47.4902-4.
(a) Property for which the holding agency is designated as the
disposal agency under the provisons of 101-47.302-2 and which is
required to be reported to GSA under the provisions of this section
shall be reported on Standard Form 118, without the accompanying
Schedules A, B, and C, unless the holding agency requests GSA to act as
disposal agency and a statement to that effect is inserted in Block 18,
Remarks, of Standard Form 118.
(b) In all cases where Government-owned land is reported, there shall
be attached to and made a part of Standard Form 118 (original and copies
thereof) a report prepared by a qualified employee of the holding agency
on the Government's title to the property based upon his review of the
records of the agency. The report shall recite:
(1) The description of the property.
(2) The date title vested in the United States.
(3) All exceptions, reservations, conditions, and restrictions,
relating to the title acquired.
(4) Detailed information concerning any action, thing, or
circumstance that occurred from the date of the acquisition of the
property by the United States to the date of the report which in any way
affected or may have affected the right, title, and interest of the
United States in and to the real property (together with copies of such
legal comments or opinions as may be contained in the file concerning
the manner in which and the extent to which such right, title, or
interest may have been affected). In the absence of any such action,
thing, or circumstance, a statement to that effect shall be made a part
of the report.
(5) The status of civil and criminal jurisdiction over the land that
is peculiar to the property by reason of it being Government-owned land.
In the absence of any special circumstances, a statement to that effect
shall be made a part of the report.
(6) Detailed information regarding any known flood hazards or
flooding of the property and, if located in a floodplain or wetlands, a
listing of and citations to those uses that are restricted under
identified Federal, State, or local regulations as required by Executive
Orders 11988 and 11990 of May 24, 1977.
(7) The specific identification and description of fixtures and
related personal property that have possible historic or artistic value.
(8) The historical significance of the property, if any, and whether
the property is listed, is eligible for, or has been nominated for
listing in the National Register of Historic Places or is in proximity
to a property on the National Register. If the holding agency is aware
of any effort by the public to have the property listed on the National
Register, this information should be included.
(9) To the extent such information is reasonably available or
ascertainable from agency files, personnel, and other inquiry, a
description of the type, location and condition of asbestos incorporated
in the construction, repair, or alteration of any building or
improvement on the property (e.g., fireproofing, pipe insulation, etc.)
and a description of any asbestos control measures taken for the
property. To assist GSA in considering the disposal options for the
property, agencies shall also provide to GSA any available indication of
costs and/or time necessary to remove all or any portion of the
asbestos-containing materials. Agencies are not required to conduct any
specific studies and/or tests to obtain this information. (See also
101-47.200(b).)
(10) With respect to hazardous substance activity on the property:
(i) A statement indicating whether or not, during the time the
property was owned by the United States, any hazardous substance
activity, as defined by regulations issued by the Environmental
Protection Agency at 40 CFR part 373, took place on the property.
Hazardous substance activity includes situations where any hazardous
substance was stored for one year or more, known to have been released,
or disposed of on the property. Agencies reporting such property shall
review the regulations issued by the Environmental Protection Agency at
40 CFR part 373 for details on the information required.
(ii) If such activity took place, the reporting agency must include
information on the type and quantity of such hazardous substance and the
time at which such storage, release, or disposal took place. In
addition to the specific information on the type and quantity of the
hazardous substance, the reporting agency shall also advise the disposal
agency if all remedial action necessary to protect human health and the
environment with respect to any such substance remaining on the property
has been taken before the date of the property was reported excess. If
such action has not been taken, the reporting agency shall advise the
disposal agency when such action will be completed.
(iii) If no such activity took place, the reporting agency must
include a statement:
The (reporting agency) has determined, accordance with regulations
issued by the Environmental Protection Agency at 40 CFR part 373, that
there is no evidence to indicate that hazardous substance activity took
place on the property during the time the property was owned by the
United States.
(c) There shall be transmitted with Standard Form 118:
(1) A legible, reproducible copy of all instruments in possession of
the agency which affect the right, title, or interest of the United
States in the property reported or the use and operation of such
property (including agreements covering and licenses to use, any
patents, processes, techniques, or inventions). In cases where the
agency considers it to be impracticable to transmit the abstracts of
title and related title evidence, such documents need not be
transmitted; however, the name and address of the custodian of such
documents shall be stated in the title report referred to in
101-47.202-2(b) and they shall be furnished if requested by GSA;
(2) Any appraisal reports in the possession of the holding agency of
the fair market value or the fair annual rental of the property
reported; and
(3) A certification by a responsible person that the property does or
does not contain polychlorinated biphenyl (PCB) transformers or other
equipment regulated by the Environmental Protection Agency under 40 CFR
part 761. If the property does contain any equipment subject to 40 CFR
part 761, the certification must include an assurance on behalf of the
holding agency that each item of such equipment is now and will be
maintained in a state of compliance with such regulations until disposal
of the property.
(29 FR 16126, Dec. 3, 1964, as amended at 34 FR 8166, May 24, 1969;
40 FR 22256, May 22, 1975; 44 FR 19406, Apr. 3, 1979; 52 FR 46467,
Dec. 8, 1987; 53 FR 29893, Aug. 9, 1988; 56 FR 15048, Apr. 15, 1991)
41 CFR 101-47.202-3 Submission of reports.
Reports of excess shall be filed with the regional office of GSA for
the region in which the excess property is located, as follows:
(a) Government-owned real property and related personal property
shall be reported by the holding agencies 90-calendar days in advance of
the date such excess property shall become available for transfer to
another Federal agency or for disposal. Where the circumstances will
not permit excess real property and related personal property to be
reported a full 90-calendar days in advance of the date it will be
available, the report shall be made as far in advance of such date as
possible.
(b) Leasehold interests in real property determined to be excess
shall be reported at least 60-calendar days prior to the date on which
notice of termination or cancellation is required by the terms of the
instrument under which the property is occupied.
(c) All reports submitted by the Department of Defense shall bear the
certification ''This property has been screened against the known needs
of the Department of Defense.'' All reports submitted by civilian
agencies shall bear the certification ''This property has been screened
against the known needs of the holding agency.''
41 CFR 101-47.202-4 Exceptions to reporting.
(a) A holding agency shall not report to GSA leased space assigned to
the agency by GSA and determined by the agency to be excess.
(b) Also, except for those instances set forth in 101-47.202-4(c) a
holding agency shall not report to GSA property used, occupied, or
controlled by the Government under a lease, permit, license, easement,
or similar instrument when:
(1) The lease or other instrument is subject to termination by the
grantor or owner of the premises within nine months;
(2) The remaining term of the lease or other instrument, including
renewal rights, will provide for less than nine months of use and
occupancy;
(3) The term of the lease or other instrument would preclude transfer
to, or use by, another Federal agency or disposal to a third party; or
(4) The lease or other instrument provides for use and occupancy of
space for office, storage, and related facilities, which does not exceed
a total of 2,500 sq. feet.
(c) Property, which otherwise would not be reported because it falls
within the exceptions set forth in 101-47.202-4(b) shall be reported:
(1) If there are Government owned improvements located on the
premises; or
(2) If the continued use, occupancy, or control of the property by
the Government is needful for the operation, production, or maintenance
of other property owned or controlled by the Government that has been
reported excess or is required to be reported to GSA under the
provisions of this section.
41 CFR 101-47.202-5 Reporting after submissions to the Congress.
Reports of excess covering property of the military departments and
of the Office of Emergency Planning prepared after the expiration of 30
days from the date upon which a report of the facts concerning the
reporting of such property was submitted to the Committees on Armed
Services of the Senate and House of Representatives, 10 U.S.C. 2662 and
the Act of August 10, 1956, 70A Stat. 636, as amended (50 U.S.C. App.
2285), shall contain a statement that the requirements of the statute
have been met.
41 CFR 101-47.202-6 Reports involving the public domain.
(a) Agencies holding land withdrawn or reserved from the public
domain which they no longer need, shall report on Standard Form 118,
with appropriate Schedules A, B, and C, land or portions of land so
withdrawn or reserved and the improvements thereon, if any, to the
regional office of GSA for the region in which the lands are located
when the agency has:
(1) Filed a notice of intention to relinquish with the Department of
the Interior and sent a copy of the notice to the regional office of GSA
( 101-47.201-3);
(2) Been notified by the Department of the Interior that the
Secretary of the Interior, with the concurrence of the Administrator of
General Services, has determined the lands are not suitable for return
to the public domain for disposition under the general public land laws
because the lands are substantially changed in character by improvements
or otherwise; and
(3) Obtained from the Department of the Interior a report as to
whether any agency (other than the holding agency) claims primary,
joint, or secondary jurisdiction over the lands and whether the
Department's records show the lands to be encumbered with any existing
valid rights or privileges under the public land laws.
(b) Should the Department of the Interior determine that minerals in
the lands are not suitable for disposition under the public land mining
and mineral leasing laws, the Department will notify the appropriate
regional office of GSA of such determination and will authorize the
holding agency to include the minerals in its report to GSA.
(c) When reporting the property to GSA, a true copy of the
notification ( 101-47.202-6(a)(2)) and report ( 101-47.202-6(a)(3))
shall be submitted as a part of the holding agency's report on the
Government's legal title which shall accompany Standard Form 118.
41 CFR 101-47.202-7 Reports involving contaminated property.
Any report of excess covering property which in its present condition
is dangerous or hazardous to health and safety, shall state the extent
of such contamination, the plans for decontamination, and the extent to
which the property may be used without further decontamination. In the
case of properties containing asbestos-containing materials and in lieu
of the requirements of the foregoing provisions of 101-47.202-7, see
subsection 101-47.202-2(b)(9).
(53 FR 28984, Aug. 9, 1988)
41 CFR 101-47.202-8 Notice of receipt.
GSA shall promptly notify the holding agency of the date of receipt
of each Report of Excess Real Property (Standard Form 118).
41 CFR 101-47.202-9 Expense of protection and maintenance.
When there are expenses connected with the protection and maintenance
of the property reported to GSA, the notice to the holding agency of the
date of receipt (see 101-47.202-8) will indicate, if determinable, the
date that the provisions of 101-47.402-2 will become effectivce.
Normally this will be the date of the receipt of the report. If because
of actions of the holding agency the property is not available for
immediate disposition at the time of receipt of the report, the holding
agency will be reminded in the notice that the period of its
responsibility for the expense of protection and maintenance will be
extended by the period of the delay.
(49 FR 1348, Jan. 11, 1984)
41 CFR 101-47.202-10 Examination for acceptability.
Each report of excess shall be reviewed by GSA to ascertain whether
the report was prepared in accordance with the provisions of this
section. Within fifteen calendar days after receipt of a report, the
holding agency shall be informed by letter of the findings of GSA.
(a) Where it is found that a report is adequate to the extent that
GSA can proceed with utilization and disposal actions for the property,
the report shall be accepted and the holding agency shall be informed of
the date of such acceptance. However, the holding agency shall, upon
request, promptly furnish such additional information or documents
relating to the property as may be required by GSA to accomplish a
transfer or a disposal.
(b) Where it is found that a report is insufficient to the extent
that GSA would be unable to proceed with any utilization or disposal
actions for the property, the report shall be returned and the holding
agency shall be informed of the facts and circumstances that required
the return of the report. The holding agency promptly shall take such
action as may be appropriate to submit an acceptable report to GSA.
Should the holding agency be unable to submit an acceptable report, the
property shall be removed from under the provisions of 101-47.402-2.
41 CFR 101-47.203 Utilization.
41 CFR 101-47.203-1 Reassignment of real property by the agencies.
Each executive agency shall, as far as practicable and within the
policies expressed in this subpart 101-47.2, make reassignments of real
property and related personal property under its control and
jurisdiction among activities within the agency in lieu of acquiring
such property from other sources.
(42 FR 40698, Aug. 11, 1977)
41 CFR 101-47.203-2 Transfer and utilization.
Each executive agency shall, as far as practicable and within the
policies expressed in this subpart 101-47.2, transfer excess real
property under its control to other Federal agencies and to the
organizations specified in 101-47.203-7, and shall fulfill its
requirements for real property by obtaining excess real property from
other Federal agencies. Transfers of property shall be made in
accordance with the provisions of this subpart.
(42 FR 40698, Aug. 11, 1977)
41 CFR 101-47.203-3 Notification of agency requirements.
Each executive agency shall notify the proper GSA regional office
whenever real property is needed for an authorized program of the
agency. The notice shall state the land area of the property needed,
the preferred location or suitable alternate locations, and describe the
type of property needed in sufficient detail to enable GSA to review its
records of property that it knows will be reported excess by holding
agencies, its inventory of excess property, and its inventory of surplus
property, to ascertain whether any such property may be suitable for the
needs of the agency. The agency shall be informed promptly by the GSA
regional office as to whether or not any such property is available.
(33 FR 571, Jan. 17, 1968)
41 CFR 101-47.203-4 Real property excepted from reporting.
Agencies having transferable excess real property and related
personal property in the categories excepted from reporting by
101-47.202-4 shall, before disposal, satisfy themselves in a manner
consistent with the provisions of this section that such property is not
needed by other Government agencies.
41 CFR 101-47.203-5 Screening of excess real property.
Excess real property and related personal property reported by
executive agencies shall, unless such screening is waived, be screened
by GSA for utilization by Federal real property holding agencies (listed
in 101-47.4907), which may reasonably be expected to have use for the
property as follows:
(a) Notices of availability will be submitted to each such agency
which shall, within 30 calendar days from the date of notice, advise GSA
if there is a firm requirement or a tentative requirement for the
property. Agencies having tentative or firm requirements for surplus
Federal real property for replacement housing for displaced persons, as
authorized by section 218 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (84 Stat. 1902), shall review
these notices for the additional purpose of identifying properties for
which they may have such a requirement. When such a requirement exists,
the agency shall so advise the appropriate GSA regional office.
(1) In the event a tentative requirement exists, the agency shall,
within an additional 30 calendar days, advise GSA if there is a firm
requirement.
(2) Within 60 calendar days after advice to GSA that a firm
requirement exists, the agency shall furnish GSA a request for transfer
of the property pursuant to 101-47.203-7.
(b) Notices of availability for information of the Secretary of
Health and Human Services and the Secretary of Education in connection
with the exercise of the authority vested in them under the provisions
of section 203(k)(1) of the Act, and for information of the Secretary of
the Interior in connection with the exercise of the authority vested in
him under the provisions of section 203(k)(2) of the Act or a possible
determination under the provisions of section 203(k)(3) of the Act, will
be sent to the offices designated by the Secretaries to serve the areas
in which the properties are located. A similar notice of availability
for the information of the Attorney General in connection with a
possible determination under the provisions of section 203(p)(1) of the
Act will be sent to the Office of Justice Programs, Department of
Justice.
(c) The Departments of Health and Human Services, Education,
Interior, and Justice shall not attempt to interest a local applicant in
a property until it is determined surplus, except with the prior consent
of GSA on a case-by-case basis or as otherwise agreed upon. When such
consent is obtained, the local applicant shall be informed that
consideration of the application is conditional upon the property being
determined surplus to Federal requirements and made available for the
purposes of the application. However, these Departments are encouraged
to advise the appropriate GSA regional office of those excess properties
which are suitable for their programs.
(d) Concurrently with the 30-day Federal agency use screening period,
those Federal agencies that sponsor public benefit disposals at less
than fair market value as permitted by the statutory authorities in
101-47.4905 may provide the disposal agency with a recommendation,
together with a brief supporting rationale, as illustrated in
101-47.4909, that the highest and best use of the property is for a
specific public benefit purpose. The recommendation may be made by the
agency head, or designee, and will be considered by the disposal agency
in its final highest and best use analysis and determination. After a
determination of surplus has been made, if the disposal agency agrees
with a sponsoring Federal agency that the highest and best use of a
particular property is for a specific public benefit purpose, local
public bodies will be notified that the property is available for that
use.
(29 FR 16126, Dec. 3, 1964, as amended at 36 FR 11438, June 12, 1971;
47 FR 37175, Aug. 25, 1982; 49 FR 37091, Sept. 21, 1984; 52 FR 9832,
Mar. 27, 1987)
41 CFR 101-47.203-6 Designation as personal property.
(a) Prefabricated movable structures such as Butler-type storage
warehouses, quonset huts, and housetrailers (with or without
undercarriages) reported to GSA with the land on which they are located
may, in the discretion of GSA, be designated for disposition as personal
property for off-site use.
(b) Related personal property may, in the discretion of the disposal
agency, be designated for disposition as personal property.
Consideration of such designation shall be given particularly to items
having possible historic or artistic value to ensure that Federal
agencies, including the Smithsonian Institution (see 101-43.302), are
afforded the opportunity of obtaining them through personal property
channels for off-site use for preservation and display. Fixtures such
as murals and fixed sculpture which have exceptional historical or
artistic value may be designated for disposition by severance for
off-site use. In making such designations, consideration shall be given
to such factors as whether the severance can be accomplished without
seriously affecting the value of the realty and whether a ready
disposition can be made of the severed fixtures.
(c) When a structure is to be demolished, any fixtures or related
personal property therein may, at the discretion of the disposal agency,
be designated for disposition as personal property where a ready
disposition can be made of these items through such action. As
indicated in paragraph (b) of this section, particular consideration
should be given to designating items of possible historical or artistic
value as personal property in such instances.
(34 FR 8166, May 24, 1969)
41 CFR 101-47.203-7 Transfers.
(a) The agency requesting transfer of excess real property and
related personal property reported to GSA shall prepare and submit to
the proper GSA regional office GSA Form 1334, Request for Transfer of
Excess Real and Related Personal Property ( 101-47.4904). Instructions
for the preparation of GSA Form 1334 are set forth in 101-47.4904-1.
(b) Upon determination by GSA that a transfer of the property
requested is in the best interest of the Government and that the
requesting agency is the appropriate agency to hold the property, the
transfer may be made among Federal agencies, to mixed-ownership
Government corporations, and to the municipal government of the District
of Columbia.
(c) (Reserved)
(d) Transfers of property to executive agencies shall be made when
the proposed land use is consistent with the policy of the Administrator
of General Services as prescribed in 101-47.201-1 and the policy
guidelines prescribed in 101-47.201-2. In determining whether a
proposed transfer should be approved under the policy guidelines, GSA
and OMB may consult informally to obtain all available data concerning
actual program needs for the property.
(e) GSA will execute or authorize all approved transfers to the
requesting agency of property reported to GSA. Agencies may transfer
without reference to GSA excess real property which is not reported to
GSA under the provisions of 101-47.202-4(b) (1), (2), and (4).
However, such transfers shall be made in accordance with the principles
set forth in this section.
(f) Pursuant to an agreement between the Director, Office of
Management and Budget, and the Administrator of General Services,
reimbursement for transfers of excess real property is prescribed as
follows:
(1) Where the transferor agency has requested the net proceeds of the
transfer pursuant to section 204 (c) of the Act, or where either the
transferor or transferee agency (or organizational unit affected) is
subject to the Government Corporation Control Act (31 U.S.C. 841) or is
a mixed-ownership Government corporation, or the municipal government of
the District of Columbia, reimbursement for the transfer shall be in an
amount equal to the estimated fair market value of the property
requested as determined by the Administrator: Provided, That where the
transferor agency is a wholly owned Government corporation, the
reimbursement shall be either in an amount equal to the estimated fair
market value of the property requested, or the corporation's book value
thereof, as may be agreed upon by GSA and the corporation.
(2) Reimbursement for all other transfers of excess real property
shall be:
(i) In an amount equal to 100 percent of the estimated fair market
value of the property requested, as determined by the Administrator, or
if the transfer is for the purpose of upgrading facilities (i.e., for
the purpose of replacing other property of the transferee agency which
because of the location, nature, or condition thereof, is less efficient
for use), the reimbursement shall be in an amount equal to the
difference between the estimated fair market value of the property to be
replaced and the estimated fair market value of the property requested,
as determined by the Administrator.
(ii) Without reimbursement when the transfer is to be made under
either of the following conditions:
(A) Congress has specifically authorized the transfer without
reimbursement, or
(B) The Administrator with the approval of the Director, Office of
Management and Budget, has approved a request for an exception from the
100 percent reimbursement requirement.
(1) A request for exception from the 100 percent reimbursement
requirement shall be endorsed by the head of the executive department or
agency requesting the exception.
(2) A request for exception from the 100 percent reimbursement
requirement will be submitted to GSA for referral to the Director,
Office of Management and Budget, and shall include an explanation of how
granting the exception would further essential agency program objectives
and at the same time be consistent with Executive Order 12348, dated
February 25, 1982. The unavailability of funds alone is not sufficient
to justify an exception. The above required data and documentation
shall be attached to GSA Form 1334 by the transferee agency on
submission of that form to GSA.
(3) If the Administrator with the approval of the Director, Office of
Management and Budget, approves the request for an exception, the
Administrator may then complete the transfer. A copy of the Office of
Managment and Budget approval will be sent to the Property Review Board.
(4) The agency requesting the exception will assume responsibility
for protection and maintenance costs where the disposal of the property
is deferred for more than 30 days because of the consideration of the
request for an exception to the 100 percent reimbursement requirement.
(g) Excess property may be transferred to the Senate, the House of
Representatives, and the Architect of the Capitol and any activities
under his direction, pursuant to the provisions of section 602(e) of the
Act. The amount of reimbursement for such transfer shall be the same as
would be required for a transfer of excess property to an executive
agency under similar circumstances.
(h) The transferor agency shall provide to the transferee agency all
information held by the transferor concerning hazardous substance
activity as outlined in 101-47.202-2.
(29 FR 16126, Dec. 3, 1964, as amended at 37 FR 5029, Mar. 9, 1972;
40 FR 12078, Mar. 17, 1975; 42 FR 40698, Aug. 11, 1977; 47 FR 56499,
Dec. 17, 1982; 49 FR 29222, July 19, 1984; 56 FR 15048, Apr. 15,
1991)
41 CFR 101-47.203-8 Temporary utilization.
(a) Whenever GSA determines that the temporary assignment or
reassignment to a Federal agency of any space in excess real property
for office, storage, or related facilities would be more advantageous
than the permanent transfer of the property to a Federal agency, it will
execute or authorize such assignment or reassignment for such period of
time as it shall determine. The agency to which the space is made
available shall make appropriate reimbursement for the expense of
maintaining such space in the absence of appropriation available to GSA
therefor.
(b) GSA may approve the temporary assignment or reassignment to a
Federal agency of excess real property other than space for office,
storage, or related facilities whenever such action would be in the best
interest of the Government. In such cases, the agency to which the
property is made available may be required to pay a rental or users
charge based upon the fair value of such property, as determined by GSA.
Where such property will be required by the agency for a period of more
than 1 year, it may be transferred on a conditional basis, with an
understanding that the property will be reported excess at a time agreed
upon when the transfer is arranged (see 101-47.201-2(d)(7)).
41 CFR 101-47.203-9 Non-Federal interim use of property.
The holding agency may, with the approval of GSA, grant rights for
non-Federal interim use of excess property reported to GSA, or portions
thereof, when it is determined that such interim use is not required for
the needs of any Federal agency.
41 CFR 101-47.203-10 Withdrawals.
Subject to the approval of GSA, and to such conditions as GSA
considers appropriate, reports of excess real property may be withdrawn
in whole or in part by the reporting agency at any time prior to
transfer to another Federal agency or prior to the execution of a
legally binding agreement for disposal as surplus property. Requests
for withdrawals shall be addressed to the GSA regional office where the
report of excess real property was filed.
(35 FR 17256, Nov. 6, 1970)
41 CFR 101-47.204 Determination of surplus.
41 CFR 101-47.204-1 Reported property.
Any real property and related personal property reported excess under
this subpart 101-47.2 which has been screened for needs of Federal
agencies or waived from such screening by GSA, and not been designated
by GSA for utilization by a Federal agency, shall be subject to
determination as surplus property by GSA.
(a) The holding agency, the Secretary of Health and Human Services,
the Secretary of Education, the Secretary of the Interior, and the
Attorney General will be notified of the date upon which determination
as surplus becomes effective. Any Federal agency that has identified a
property as being required for replacement housing for displaced persons
under section 218 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 will also be notified of the date upon
which determination as surplus becomes effective. The Secretary of the
Department of Energy will be notified when real property is determined
surplus and advised of any known interest in the property for its use or
development for energy facilities. Appropriate steps will be taken to
ensure that energy site needs are considered along with other competing
needs in the disposal of surplus real property, since such property may
become available for use under sections 203(e)(3) (G) and (H) of the
Federal Property and Administrative Services Act of 1949, as amended.
(b) The notices to the Secretary of Health and Human Services, the
Secretary of Education, the Secretary of the Interior, and the Secretary
of Energy will be sent to the offices designated by them to serve the
area in which the property is located. The notices to the Attorney
General will be sent to the Office of Justice Programs, Department of
Justice. The notices to the Federal agencies having a requirement
pursuant to section 218 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 will be sent to the office
making the request unless another office is designated.
(c) With regard to surplus property which GSA predetermines will not
be available for disposal under the above-mentioned programs, or
whenever the holding agency has requested reimbursement of the net
proceeds of disposition pursuant to section 204(c) of the Act, the
notice to the affected department(s) will contain advice of such
determination or request for reimbursement. The affected de-
partment(s) shall not screen for potential applicants for such property.
(29 FR 16126, Dec. 3, 1964, as amended at 36 FR 8041, Apr. 29, 1971;
47 FR 37175, Aug. 25, 1982; 52 FR 9832, Mar. 27, 1987)
41 CFR 101-47.204-2 Property excepted from reporting.
Any property not reported to GSA due to 101-47.202-4, and not
designated by the holding agency for utilization by other agencies
pursuant to the provisions of this subpart 101-47.2, shall be subject to
determination as surplus by the holding agency.
41 CFR 101-47.204-2 Subpart 101-47.3 -- Surplus Real Property Disposal
41 CFR 101-47.300 Scope of subpart.
This subpart prescribes the policies and methods governing the
disposal of surplus real property and related personal property within
the States of the Union, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific
Islands, and the Virgin Islands. This subpart does not apply to the
abandonment, destruction, or donation to public bodies, under section
202(h) of the Act (covered by subpart 101-47.5).
(47 FR 4522, Feb. 1, 1982)
41 CFR 101-47.301 General provisions of subpart.
41 CFR 101-47.301-1 Policy.
It is the policy of the Administrator of General Services:
(a) That surplus real property shall be disposed of in the most
economical manner consistent with the best interests of the Government.
(b) That surplus real property shall ordinarily be disposed of for
cash consistent with the best interests of the Government.
(c) That surplus real property shall be disposed of by exchange for
privately owned property only for property management considerations
such as boundary realignment or provision of access or in those
situations in which the acquisition is authorized by law, the requesting
Federal agency has received approval from the Office of Management and
Budget and clearance from its congressional oversight committees to
acquire by exchange, and the transaction offers substantial economic or
unique program advantages not otherwise obtainable by any other method
of acquisition.
(29 FR 16126, Dec. 3, 1964, as amended at 42 FR 47205, Sept. 20,
1977; 42 FR 56123, Oct. 21, 1977)
41 CFR 101-47.301-2 Applicability of antitrust laws.
(a) In any case in which there is contemplated a disposal to any
private interest of real and related personal property which has an
estimated fair market value of $3,000,000 or more, or of patents,
processes, techniques, or inventions, irrespective of cost, the disposal
agency shall transmit promptly to the Attorney General notice of any
such proposed disposal and the probable terms or conditions thereof, as
required by section 207 of the Act, for his advice as to whether the
proposed disposal would tend to create or maintain a situation
inconsistent with antitrust laws, and no such real property shall be
disposed of until such advice has been received. If such notice is
given by any executive agency other than GSA, a copy of the notice shall
be transmitted simultaneously to the office of GSA for the region in
which the property is located.
(b) Upon request of the Attorney General, GSA or any other executive
agency shall furnish or cause to be furnished such information as it may
possess which the Attorney General determines to be appropriate or
necessary to enable him to give the requested advice or to determine
whether any other disposition or proposed disposition of surplus real
property violates or would violate any of the antitrust laws.
(29 FR 16126, Dec. 3, 1964, as amended at 54 FR 12198, Mar. 24, 1989)
41 CFR 101-47.301-3 Disposals under other laws.
Pursuant to section 602(c) of the act, disposals of real property
shall not be made under other laws but shall be made only in strict
accordance with the provisions of this subpart 101-47.3 unless the
Administrator of General Services, upon written application by the
disposal agency, shall determine in each case that the provisions of any
such other law, pursuant to which disposal is proposed to be made, are
not inconsistent with the authority conferred by this Act. The
provisions of this section shall not apply to disposals of real property
authorized to be made by section 602(d) of the act or by any special
statute which directs or requires an executive agency named therein to
transfer or convey specifically described real property in accordance
with the provisions of such statute.
41 CFR 101-47.301-4 Credit disposals and leases.
Where credit is extended in connection with any disposal of surplus
property, the disposal agency shall offer credit pursuant to the
provisions of 101-47.304-4. The disposal agency shall administer and
manage the credit lease, or permit and any security therefor and may
enforce, adjust, or settle any right of the Government with respect
thereto in such manner and upon such terms as that agency considers to
be in the best interests of the Government.
(42 FR 47205, Sept. 20, 1977)
41 CFR 101-47.302 Designation of disposal agencies.
41 CFR 101-47.302-1 General.
In accordance with applicable provisions of this subpart 101-47.3,
surplus real property shall be disposed of or assigned to the
appropriate Federal department for disposal for public use purposes by
the disposal agency.
(36 FR 8042, Apr. 29, 1971)
41 CFR 101-47.302-2 Holding agency.
(a) The holding agency is hereby designated as disposal agency for:
(1) Leases, permits, licenses, easements, and similar real estate
interests held by the Government in non-Government-owned property
(including Government-owned improvements located on the premises),
except when it is determined by either the holding agency or GSA that
the Government's interest will be best served by the disposal of such
real estate interests together with other property owned or controlled
by the Government, that has been or is being reported to GSA as excess;
and
(2) Fixtures, structures, and improvements of any kind to be disposed
of without the underlying land with the exception of Government-owned
machinery and equipment, which are fixtures being used by a
contractor-operator, where such machinery and equipment will be sold to
the contractor-operator.
(3) Standing timber and embedded gravel, sand, stone and underground
water to be disposed of without the underlying land.
(b) GSA may act as the disposal agency for the type of property
described in paragraphs (a)(1) and (2) of this section, whenever
requested by the holding agency to perform the disposal functions.
Where GSA acts as the disposal agency for the disposal of leases and
similar real estate interests as described in paragraph (a)(1) of this
section, the holding agency nevertheless shall continue to be
responsible for the payment of the rental until the lease is terminated
and for the payment of any restoration or other direct costs incurred by
the Government as an incident to the termination. Likewise, where GSA
acts as disposal agency for the disposal of fixtures, structures, and
improvements as described in paragraph (a)(2) of this section, the
holding agency nevertheless shall continue to be responsible for payment
of any demolition and removal costs not offset by the sale of the
property.
(29 FR 16126, Dec. 3, 1964, as amended at 31 FR 2658, Feb. 11, 1966;
31 FR 16780, Dec. 31, 1966; 33 FR 8737, June 14, 1968; 48 FR 12526,
Mar. 25, 1983; 50 FR 28403, July 12, 1985)
41 CFR 101-47.302-3 General Services Administration.
GSA is the disposal agency for all real property and related personal
property not covered by the above designations or by disposal authority
delegated by the Administrator of General Services in specific
instances.
41 CFR 101-47.303 Responsibility of disposal agency.
41 CFR 101-47.303-1 Classification.
Each surplus property, or, if the property is subdivided, each unit
of property shall be classified by the disposal agency to determine the
methods and conditions applicable to the disposal of the property.
Classification shall be according to the estimated highest and best use
for the property. The property may be reclassified from time to time by
the disposal agency or by GSA whenever such action is deemed
appropriate.
41 CFR 101-47.303-2 Disposals to public agencies.
The disposal agency shall comply with the provisions of Executive
Order 12372 and 41 CFR subpart 101-6.21, which enables a State to
establish the single point of contact process or other appropriate
procedures to review and comment on the compatibility of a proposed
disposal with State, regional and local development plans and programs.
When a single point of contact transmits a State review process
recommendation, the Federal agency receiving the recommendation must
either accept the recommendation; reach a mutually agreeable solution
with the party(s) preparing the recommendation; or provide the single
point of contact with a written explanation for not accepting the
recommendation or reaching a mutually agreeable solution. If there is
nonaccommodation, the agency is generally required to wait 10 calendar
days after receipt, by the single point of contact, of an explanation
before taking final action. The single point of contact is presumed to
have received written notification 5 calendar days after the date of
mailing of such notification. The 10-day waiting period may be waived
if the agency determines that because of unusual circumstances this
delay is not feasible.
(a) Whenever property is determined to be surplus, the disposal
agency shall, on the basis of the information given in 101-47.4905,
list the public agencies eligible under the provisions of the statutes
referred to above to procure the property or portions thereof, except
that such listing need not be made with respect to:
(1) Any such property when the determination of the property as
surplus is conditioned upon disposal limitations which would be
inconsistent with disposal under the statutes authorizing disposal to
eligible public agencies; or
(2) Any such property having an estimated fair market value of less
than $1,000 except where the disposal agency has any reason to believe
that an eligible public agency may be interested in the property.
(b) Before public advertising, negotiation, or other disposal action,
the disposal agency shall give notice to eligible public agencies that
the property has been determined surplus. Surplus real property may be
procured by public agencies under the statutes cited in 101-47.4905. A
notice to public agencies of surplus determination shall be prepared
following the sample shown in 101-47.4906. This notice shall be
transmitted by a letter prepared following the sample shown in
101-47.4906-1. A copy of this notice shall also be sent simultaneously
to the State single point of contact, under a covering letter prepared
following the sample shown in 101-47.4906-2. The point of contact shall
be advised that no final disposal action will be taken for 60 calendar
days from the date of notification to allow time for the point of
contact to provide any desired comments. The disposal agency will wait
the full 60 calendar days, even if the comments are received early, to
allow time for the point of contact to send additional or revised
comments.
(1) Notice for property located in a State shall be given to the
Governor of the State, to the county clerk or other appropriate
officials of the county in which the property is located, to the mayor
or other appropriate officials of the city or town in which the property
is located, to the head of any other local governmental body known to be
interested in and eligible to acquire the property, and to the point of
contact established by the State or under other appropriate procedures
established by the State.
(2) Notice for property located in the District of Columbia shall be
given to the Mayor of the District of Columbia and to the point of
contact established by the District of Columbia or under other
appropriate procedures established by the District of Columbia.
(3) Notice for property located in the Virgin Islands shall be given
to the Governor of the Virgin Islands and to the point of contact
established by the Virgin Islands or under other appropriate procedures
established by the Virgin Islands.
(4) Notice for property located in the Commonwealth of Puerto Rico
shall be given to the Governor of the Commonwealth of Puerto Rico and to
the point of contact established by the Commonwealth of Puerto Rico or
under other appropriate procedures established by the Commonwealth of
Puerto Rico.
(c) The notice prepared pursuant to 101-47.303-2(b) shall also be
posted in the post office which serves the area in which the property is
located and in other prominent places such as the State capitol
building, county building, courthouse, town hall, or city hall. The
notice to be posted in the post office shall be mailed to the postmaster
with a request that it be posted. Arrangements for the posting of the
notice in other prominent places shall be as provided for in the
transmittal letters (see 101-47.4906-1) to eligible public agencies.
(d) A copy of the notice described in paragraph (b) of this section
shall be furnished to the proper regional or field office of (1) the
National Park Service (NPS) and the Fish and Wildlife Service of the
Department of the Interior and (2) the Federal Aviation Administration
and the Federal Highway Administration of the Department of
Transportation concerned with the disposal of property to public
agencies under the statues named in the notice.
(e) In the case of property which may be made available for
assignment to the Secretary of Health and Human Services (HHS), the
Secretary of Education (ED) or the Secretary of the Interior for
disposal under sections 203(k)(1) or (k)(2) of the Act:
(1) The disposal agency shall inform the appropriate offices of HHS,
ED or the NPS 3 workdays in advance of the date the notice will be given
to public agencies, to permit similar notice to be given simultaneously
by HHS, ED or NPS to additional interested public bodies. HHS and ED
shall furnish notice to eligible nonprofit institutions.
(2) The disposal agency shall furnish the Departments with a copy of
the postdated transmittal letter addressed to each public agency, copies
(not to exceed 25) of the postdated notice, and a copy of the holding
agency's Report of Excess Real Property (Standard Form 118, with
accompanying schedules).
(3) As of the date of the transmittal letter and notice to public
agencies, the Departments may proceed with their screening functions for
any potential applicants and thereafter may make their determinations of
need and receive applications.
(f) If the disposal agency is not informed within the 20 calendar-day
period provided in the notice of the desire of a public agency to
acquire the property under the provisions of the statutes listed in
101-47.4905, or is not notified by ED or HHS of a potential educational
or public health requirement, or is not notified by the Department of
the Interior of a potential park or recreation requirement, or is not
notified by the Department of Justice (DOJ) of a potential correctional
facilities use; it shall be assumed that no public agency or nonprofit
institution desires to procure the property.
(g) The disposal agency shall promptly review each response of a
public agency to the notice given pursuant to paragraph (b) of this
section. The disposal agency shall determine what constitutes a
reasonable period of time to allow the public agency to develop and
submit a formal application for the property or its comments as to the
compatibility of the disposal with its development plans and programs.
When making such determination, the disposal agency shall give
consideration to the potential suitability of the property for the use
proposed, the length of time the public agency has stated it will
require for its action, the protection and maintenance costs to the
Government during such length of time, and any other relevant facts and
circumstances. The disposal agency shall coordinate such review and
determination with the proper office of any interested Federal agencies
listed below:
(1) National Park Service, Department of the Interior;
(2) Department of Health and Human Services;
(3) Department of Education;
(4) Federal Aviation Administration, Department of Transportation;
(5) Fish and Wildlife Service, Department of the Interior;
(6) Federal Highway Administration, Department of Transportation;
and
(7) Office of Justice Programs, Department of Justice.
(h) When the disposal agency has made a determination as to what
constitutes a reasonable period of time to develop and submit a formal
application, the public agency shall be so notified. The public agency
shall be advised of the information required in connection with an
application to procure the property.
(i) Upon receipt of the formal application for the property, the
disposal agency shall consider and act upon it in accordance with the
provisions of the statute and applicable regulations. If comments are
received indicating that the disposal is incompatible with State,
regional, or local development plans and programs, the disposal agency
shall attempt to resolve the differences consistent with its statutory
responsibilities in the disposal of surplus property.
(29 FR 16126, Dec. 3, 1964, as amended at 34 FR 11209, July 3, 1969;
35 FR 8486, June 2, 1970; 36 FR 9776, May 28, 1971; 40 FR 22256, May
22, 1975; 52 FR 9829, Mar. 27, 1987)
41 CFR 101-47.303-2a Notice for zoning purposes.
(a) Where the surplus land is located in an urban area as defined in
section 806 of the Act, that copy of the notice to public agencies
required under 101-47.303-2(b) which is sent to the head of the local
governmental unit having jurisdiction over zoning and land use
regulation in the area shall be accompanied by a copy of section 803 of
the Act (see 101-47.4906a) and the transmittal letter in such instances
shall include an additional paragraph requesting information concerning
zoning as set forth in 101-47.4906b.
(b) Information which is furnished by the unit of general local
government pursuant to the action taken in paragraph (a) of this section
shall be included in Invitations for Bid in advertised sales. In
negotiated sales, this information shall be presented to prospective
purchasers during the course of the negotiations and shall be included
in the sales agreements. In either instance, this information shall be
followed by a written statement, substantially as follows:
The above information was obtained from -------------------- and is
furnished pursuant to section 803 of the Federal Property and
Administrative Services Act of 1949, as amended. The Government does
not guarantee that the information is necessarily accurate or will
remain unchanged. Any inaccuracies or changes in the above information
shall not be cause for adjustment or rescission of any contract
resulting from this Invitation for Bid or Sales Agreement.
(c) If no response to a request for such zoning information is
received, the property may be offered for sale without furnishing such
information to prospective purchasers. If the unit of general local
government notifies the disposal agency of its desire to zone the
property, it shall be afforded a 30-calendar-day period (in addition to
the 20-calendar days afforded in the notice of surplus determination) to
issue such zoning regulations. If the zoning cannot be accomplished
within this time frame, the sale may proceed but the prospective
purchasers shall be advised of the pending zoning of the property.
(34 FR 11209, July 3, 1969)
41 CFR 101-47.303-3 Studies.
The disposal agency shall compile from the title documents and
related papers appropriate information, for use in disposal actions,
regarding all real property and related personal property available for
disposal.
41 CFR 101-47.303-4 Appraisal.
(a) Except as otherwise provided in this subpart 101-47.3, the
disposal agency shall in all cases obtain, as appropriate, an appraisal
of either the fair market value or the fair annual rental value of
property available for disposal.
(b) No appraisal need be obtained. (1) When the property is to be
disposed of without monetary consideration, or at a fixed price, or
(2) When the estimated fair market value of property to be offered on
a competitive sale basis does not exceed $50,000;
Provided, however, That the exception in paragraph (b)(1) of this
section shall not apply to disposals that take any public benefit
purpose into consideration in fixing the sale value of the property.
(c) The disposal agency shall have the property appraised by
experienced and qualified persons familiar with the types of property to
be appraised by them. Any person engaged to collect or evaluate
information pursuant to this subsection shall certify that he has no
interest, direct or indirect, in the property which would conflict in
any manner with the preparation and submission of an impartial appraisal
report.
(29 FR 16126, Dec. 3, 1964, as amended at 55 FR 41189, Oct. 10, 1990)
41 CFR 101-47.304 Advertised and negotiated disposals.
41 CFR 101-47.304-1 Publicity.
(a) The disposal agency shall widely publicize all surplus real
property and related personal property which becomes available for
disposal hereunder, giving information adequate to inform interested
persons of the general nature of the property and its possible uses, as
well as any reservations, restrictions, and conditions imposed upon its
disposal.
(b) A condensed statement of proposed sales of surplus real property
by advertising for competitive bids, except where the estimated fair
market value of the property is less than $2,500, shall be prepared and
submitted, for inclusion in the U.S. Department of Commerce publication
''Commerce Business Daily,'' to: U.S. Department of Commerce
(S-Synopsis), room 1300, 433 West Van Buren Street, Chicago, Illinois
60604.
41 CFR 101-47.304-2 Soliciting cooperation of local groups.
The disposal agency may consult with local groups and organizations
and solicit their cooperation in giving wide publicity to the proposed
disposal of the property.
41 CFR 101-47.304-3 Information to interested persons.
The disposal agency shall, upon request, supply to bona fide
potential purchasers and lessees adequate preliminary information, and,
with the cooperation of the holding agency where necessary, shall render
such assistance to such persons as may enable them, insofar as feasible,
to obtain adequate information regarding the property. The disposal
agency shall establish procedures so that all persons showing due
diligence are given full and complete opportunity to make an offer.
41 CFR 101-47.304-4 Invitation for offers.
In all advertised and negotiated disposals, the disposal agency shall
prepare and furnish to all prospective purchasers or lessees written
invitations to make an offer, which shall contain or incorporate by
reference all the terms and conditions under which the property is
offered for disposal, including all provisions required by statute to be
made a part of the offer. The invitation shall further specify the form
of the disposal instrument, which specifications shall be in accordance
with the appropriate provisions of 101-47.307-1 and 101-47.307-2.
(a) When the disposal agency has determined that the sale of specific
property on credit terms is necessary to avoid retarding the salability
of the property and the price obtainable, the invitation shall provide
for submission of offers on the following terms:
(1) Offers to purchase of less than $2,500 shall be for cash.
(2) When the purchase price is $2,500 or more but less than $10,000,
a cash downpayment of not less than 25 percent shall be required with
the balance due in 8 years or less.
(3) When the purchase price is $10,000 or more, a cash downpayment of
not less than 20 percent shall be required with the balance due in 10
years or less.
(4) The purchaser shall furnish a promissory note secured by the
purchase money mortgage or deed of trust on the property, whichever the
Government determines to be appropriate.
(5) Payment will be in equal quarter-annual installments of the
principal together with interest on the unpaid balance.
(6) Interest on the unpaid balance will be at the General Services
Administration's established interest rate.
(b) Where the disposal agency has determined that an offering of the
property on credit terms that do not meet the standards set forth in
101-47.304-4(a) is essential to permit disposal of the property in the
best interests of the Government, the invitation may provide for
submission of offers on such alternate terms of payment as may be
recommended by the disposal agency and approved by the Administrator of
General Services on the basis of a detailed written statement justifying
the need to deviate from the standard terms. The justification shall be
based on the needs of the Federal Government as distinguished from the
interests of the purchaser. The sale in those cases where the
downpayment is less than 20 percent shall, unless otherwise authorized
by the Administrator of General Services, be under a land contract which
shall provide, in effect, for conveyance of title to the purchaser by
quitclaim deed or other form of conveyance in accordance with the
appropriate provisions of 101-47.307-1 and 101-47.307-2 upon payment
of one-third of the total purchase price and accrued interest, or
earlier if the Government so elects, and execution and delivery of
purchaser's note and purchase money mortgage (or bond and deed of trust)
satisfactory to the Government, to secure payment of the unpaid balance
of the purchase price.
(c) The disposal agency may increase the cash downpayment requirement
or shorten the period of amortization whenever circumstances warrant and
in the case of sales of farms, may provide for payment of the unpaid
balance on equal semiannual or annual installment basis.
(d) Where a sale is to be made on credit, the invitation shall
provide that the purchaser agrees by appropriate provisions to be
incorporated in the disposal instruments that he will not lease (unless
the property was offered without leasing restrictions by the Government)
or sell the property, or any part thereof or interest therein, without
prior written authorization of the Government.
(1) In appropriate cases, except as provided in 101-47.304-4(d)(2),
the invitation shall state that the disposal instrument may include
provisions specifically authorizing leasing and/or resale and release of
portions of the property as desired by the purchaser, provided that such
provisions shall, in the judgment of the Government, be adequate to
protect its security for the credit extended to the purchaser.
(2) In the case of timber or mineral lands, or lands containing other
saleable products, the invitation shall state that the disposal
instrument may specifically provide for granting future partial releases
to permit the resale of timber, minerals, and other saleable products,
or authorize the leasing of mineral rights, upon payment to the
Government of such amounts as may be required by the Government but not
less than the proceeds of any sale or lease less such amounts as may be
determined by the Government to represent the cost of the sale or lease.
(3) All payments for such authorizations and/or releases shall, at
the option of the Government, be applied against the unpaid balance of
the indebtedness in inverse order of its maturity, or upon any
delinquent installments of principal and interest, or used for payments
of any delinquent taxes or insurance premiums.
(e) Where property is offered for disposal under a land contract or
lease, the terms and conditions contained in the invitation shall
provide that the purchaser or lessee will be required to pay to the
proper taxing authorities or to the disposal agency, as may be directed,
all taxes, payments in lieu of taxes (in the event of the existence or
subsequent enactment of legislation authorizing such payments),
assessments or similar charges which may be assessed or imposed on the
property, or upon the occupier thereof, or upon the use or operation of
the property and to assume all costs of operating obligations.
(f) Whenever property is offered for sale on credit terms or for
lease, the terms and conditions contained in the invitation shall
provide that the purchaser or lessee shall procure and maintain at his
expense during the term credit is extended, or the period of the lease,
such insurance in such amounts as may be required by the Government;
required insurance shall be in companies acceptable to the Government
and shall include such terms and provisions as may be required to
provide coverage satisfactory to the Government.
(29 FR 16126, Dec. 3, 1964, as amended at 33 FR 12003, Aug. 23, 1968;
42 FR 47205, Sept. 20, 1977)
41 CFR 101-47.304-5 Inspection.
All persons interested in the acquisition of surplus property
available for disposal under this subpart 101-47.3 shall, with the
cooperation of the holding agency, where necessary, and with due regard
to its program activities, be permitted to make a complete inspection of
such property, including any available inventory records, plans,
specifications, and engineering reports made in connection therewith,
subject to any necessary restrictions in the interest of national
security and subject to such rules as may be prescribed by the disposal
agency.
(See 101-47.304-13 and 101-47.403.)
(53 FR 29894, Aug. 9, 1988)
41 CFR 101-47.304-6 Submission of offers.
All offers to purchase or lease shall be in writing, accompanied by
any required earnest money deposit, using the form prescribed by the
disposal agency and, in addition to the financial terms upon which the
offer is predicated, shall set forth the willingness of the offeror to
abide by the terms, conditions, reservations, and restrictions upon
which the property is offered, and shall contain such other information
as the disposal agency may request.
41 CFR 101-47.304-7 Advertised disposals.
(a) All disposals or contracts for disposal of surplus property,
except as provided in 101-47.304-9 and 101-47.304-10, shall be made
after publicly advertising for bids.
(1) The advertising for bids shall be made at such time previous to
the disposal or contract, through such methods and on such terms and
conditions as shall permit that full and free competition which is
consistent with the value and nature of the property involved. The
advertisement shall designate the place to which the bids are to be
delivered or mailed, and shall state the place, date, and time of public
opening.
(2) All bids shall be publicly disclosed at the time and place stated
in the advertisement.
(3) Award shall be made with reasonable promptness by notice to the
responsible bidder whose bid, conforming to the invitation for bids,
will be most advantageous to the Government, price and other factors
considered: Provided,That all bids may be rejected when it is in the
public interest to do so.
(b) Disposal and contracts for disposal of surplus property may be
made through contract auctioneers when authorized by GSA. The
auctioneer retained under contract shall be required to publicly
advertise for bids in accordance with the applicable provisions of this
101-47.304-7.
101-47.304-8 (Reserved)
41 CFR 101-47.304-9 Negotiated disposals.
(a) Disposal agencies shall obtain such competition as is feasible
under the circumstances in all negotiations of disposals and contracts
for disposal of surplus property. They may dispose of surplus property
by negotiation only in the following situations:
(1) When the estimated fair market value of the property involved
does not exceed $15,000;
(2) When bid prices after advertising therefor are not reasonable
(either as to all or some part of the property) or have not been
independently arrived at in open competition;
(3) When the character or conditions of the property or unusual
circumstances make it impractical to advertise publicly for competitive
bids and the fair market value of the property and other satisfactory
terms of disposal can be obtained by negotiation;
(4) When the disposals will be to States, Commonwealth of Puerto
Rico, possessions, political subdivisions thereof, or tax-supported
agencies therein, and the estimated fair market value of the property
and other satisfactory terms of disposal are obtained by negotiation;
or
(5) When negotiation is otherwise authorized by the Act or other law,
such as:
(i) Disposals of power transmission lines for public or cooperative
power projects (see 101-47.308-1).
(ii) Disposals for public airport utilization (see 101-47.308-2).
(b) Appraisal data required pursuant to the provisions of
101-47.303-4, when needed for the purpose of conducting negotiations
under 101-47.304-9(a) (3), (4), or (5)(i) shall be obtained under
contractual arrangements with experienced and qualified real estate
appraisers familiar with the types of property to be appraised by them:
Provided, however, That in any case where the cost of obtaining such
data from a contract appraiser would be out of proportion to the
expected recoverable value of the property, or if for any other reason
employing a contract appraiser would not be in the best interest of the
Government, the head of the disposal agency or his designee should
authorize any other method of obtaining an estimate of the fair market
value of the property or the fair annual rental he may deem to be
proper.
(c) Negotiated sales to public bodies under 40 U.S.C. 484(e)(3)(H)
will be considered only when the disposal agency has made a
determination that a public benefit will result from the negotiated sale
which would not be realized from a competitive sale disposal. The offer
to purchase and the conveyance document concerning such negotiated sales
shall contain an excess profits covenant. A standard Excess Profits
Covenant for Negotiated Sales to Public Bodies is illustrated in
101-47.4908. The standard covenant is provided as a guide, and
appropriate modifications may be made provided that its basic purpose is
retained. The disposal agency shall monitor the property involved and
inspect records related thereto as necessary to ensure compliance with
the terms and conditions of the sale and may take any actions which it
deems reasonable and prudent to recover any excess profits realized
through the resale of the property.
(d) The annual report of the Administrator under section 212 of the
Act shall contain or be accompanied by a listing and description of any
negotiated disposals of surplus real property having an estimated fair
market value of over $15,000, other than disposals for which an
explanatory statement has been transmitted under 101-47.304-12.
(29 FR 16126, Dec. 3, 1964, as amended at 40 FR 22256, May 22, 1975;
51 FR 23760, July 1, 1986; 54 FR 12198, Mar. 24, 1989)
41 CFR 101-47.304-10 Disposals by brokers.
Disposals and contracts for disposal of surplus property through
contract realty brokers, where authorized by GSA, shall be made in the
manner followed in similar commercial transactions. Realty brokers
retained under contracts shall be required to give wide public notice of
availability of the property for disposal.
41 CFR 101-47.304-11 Documenting determinations to negotiate.
The disposal agency shall document the factors leading to and the
determination justifying disposal by negotiation of any surplus property
under 101-47.304-9 and 101-47.304-10, and shall retain such
documentation in the files of the agency.
41 CFR 101-47.304-12 Explanatory statements.
(a) Subject to the exception stated in 101-47.304-12(b), the
disposal agency shall prepare an explanatory statement, as required by
section 203(e)(6) of the Act, of the circumstances of each of the
following proposed disposals by negotiation:
(1) Any real property that has an estimated fair market value in
excess of $100,000, except that any real property disposed of by lease
or exchange shall only be subject to paragraphs (a) (2) through (4) of
this section;
(2) Any real property disposed of by lease for a term of 5 years or
less; if the estimated fair annual rent is in excess of $100,000 for
any of such years;
(3) Any real property disposed of by lease for a term of more than 5
years, if the total estimated rent over the term of the lease is in
excess of $100,000; or
(4) Any real property or real and related personal property disposed
of by exchange, regardless of value, or any property any part of the
consideration for which is real property.
(b) No explanatory statement need be prepared for a disposal of
property authorized to be disposed of without advertising by any
provision of law other than section 203(e) of the Act.
(c) An outline for the preparation of the explanatory statement is
shown in 101-47.4911. A copy of the statement shall be preserved in the
files of the disposal agency.
(d) Each explanatory statement when prepared shall be submitted to
the Administrator of General Services for review and transmittal by the
Administrator of General Services by letters to the Committees on
Government Operations and any other appropriate committees of the Senate
and House of Representatives. The submission to the Administrator of
General Services shall include such supporting data as may be relevant
and necessary for evaluating the proposed action.
(e) Copies of the Administrator of General Services' transmittal
letters to the committees of the Congress, 101-47.304-12(d), will be
furnished to the disposal agency.
(f) In the absence of adverse comment by an appropriate committee or
subcommittee of the Congress on the proposed negotiated disposal, the
disposal agency may consummate the sale on or after 35 days from the
date of the Administrator of General Services letters transmitting the
explanatory statement to the committees.
(29 FR 16126, Dec. 3, 1964, as amended at 41 FR 22354, June 3, 1976;
54 FR 12198, Mar. 24, 1989)
41 CFR 101-47.304-13 Provisions relating to asbestos.
Where the existence of asbestos on the property has been brought to
the attention of the disposal agency by the Standard Form 118
information provided in accordance with 101-47.202-2)(b)(9), the
disposal agency shall incorporate such information (less any cost or
time estimates to remove the asbestos-containing materials) in any
Invitation for Bids/Offers to Purchase and include the following:
(a) The Purchaser is warned that the property offered for sale
contains asbestos-containing materials. Unprotected or unregulated
exposures to asbestos in product manufacturing, shipyard, and building
construction workplaces have been associated with asbestos-related
diseases. Both the Occupational Safety and Health Administration (OSHA)
and the Environmental Protection Agency (EPA) regulate asbestos because
of the potential hazards associated with exposure to airborne asbestos
fibers. Both OSHA and EPA have determined that such exposure increases
the risk of asbestos-related diseases, which include certain cancers and
which can result in disability or death.
(b) Bidders (Offerors) are invited, urged and cautioned to inspect
the property to be sold prior to submitting a bid (offer). More
particularly, bidders (offerors) are invited, urged and cautioned to
inspect the property as to its asbestos content and condition and any
hazardous or environmental conditions relating thereto. The disposal
agency will assist bidders (offerors) in obtaining any authorization(s)
which may be required in order to carry out any such inspection(s).
Bidders (Offerors) shall be deemed to have relied solely on their own
judgment in assessing the overall condition of all or any portion of the
property including, without limitation, any asbestos hazards or
concerns.
(c) No warranties either express or implied are given with regard to
the condition of the property including, without limitation, whether the
property does or does not contain asbestos or is or is not safe for a
particular purpose. The failure of any bidder (offeror) to inspect, or
to be fully informed as to the condition of all or any portion of the
property offered, will not constitute grounds for any claim or demand
for adjustment or withdrawal of a bid or offer after its opening or
tender.
(d) The description of the property set forth in the Invitation for
Bids (Offer to Purchase) and any other information provided therein with
respect to said property is based on the best information available to
the disposal agency and is believed to be correct, but an error or
omission, including but not limited to the omission of any information
available to the agency having custody over the property and/or any
other Federal agency, shall not constitute grounds or reason for
nonperformance of the contract of sale, or any claim by the Purchaser
against the Government including, without limitation, any claim for
allowance, refund, or deduction from the purchase price.
(e) The Government assumes no liability for damages for personal
injury, illness, disability or death, to the Purchaser, or to the
Purchaser's successors, assigns, employees, invitees, or any other
person subject to Purchaser's control or direction, or to any other
person, including members of the general public, arising from or
incident to the purchase, transportation, removal, handling, use,
disposition, or other activity causing or leading to contact of any kind
whatsoever with asbestos on the property which is the subject of this
sale, whether the Purchaser, its successors or assigns has or have
properly warned or failed properly to warn the individual(s) injured.
(f) The Purchaser further agrees that in its use and occupancy of the
property it will comply with all Federal, state, and local laws relating
to asbestos.
(53 FR 29894, Aug. 9, 1988)
41 CFR 101-47.304-14 Provisions relating to hazardous substance
activity.
(a) Where the existence of hazardous substance activity has been
brought to the attention of the disposal agency by the Standard Form 118
information provided in accordance with 101-47.202-2(b)(10), the
disposal agency shall incorporate such information into any Invitation
for Bids/Offers to Purchase and include the following statements:
Notice regarding hazardous substance activity:
The information contained in this notice is required under the
authority of regulations promulgated under section 120(h) of the
Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA or ''Superfund''), 42 U.S.C. section 9620(h).
The (holding agency) advises that (provide information on the type
and quantity of hazardous substances; the time at which storage,
release, or disposal took place; and a description of the remedial
action taken).
All remedial action necessary to protect human health and the
environment with respect to the hazardous substance activity during the
time the property was owned by the United States has been taken. Any
additional remedial action found to be necessary shall be conducted by
the United States.
(b) In the case where the purchaser is a potentially responsible
party (PRP) with respect to the hazardous substance activity, the above
statements must be modified as appropriate to properly represent the
liability of the PRP for any remedial action.
(56 FR 15048, Apr. 15, 1991)
101-47.305 Acceptance of offers.
41 CFR 101-47.305-1 General.
(a) When the head of the disposal agency or his designee determines
that bid prices (either as to all or some part of the property) received
after advertising therefor or received in response to the action
authorized in paragraph (b) of this 101-47.305-1, are reasonable, i.e.,
commensurate with the fair market value of the property, and were
independently arrived at in open competition, award shall be made with
reasonable promptness by notice to the bidder whose bid, conforming to
the invitation for bids, will be most advantageous to the Government,
price and other factors considered. Any or all offers may be rejected
when the head of the disposal agency or his designee determines it is in
the public interest to do so.
(b) Where the advertising does not result in the receipt of a bid at
a price commensurate with the fair market value of the property, the
highest bidder may, at the discretion of the head of the disposal agency
or his designee and upon determination of responsiveness and bidder
responsibility, be afforded an opportunity to increase his offered
price. The bidder shall be given a reasonable period of time, not to
exceed fifteen working days, to respond. At the time the bidder is
afforded an opportunity to increase his bid, all other bids shall be
rejected and bid deposits returned. Any sale at a price so increased
may be concluded without regard to the provisions of 101-47.304-9 and
101-47.304-12.
(c) The disposal agency shall allow a reasonable period of time
within which the successful bidder shall consummate the transaction and
shall notify the successful bidder of the period allowed.
(d) It is within the discretion of the head of the disposal agency or
his designee to determine whether the procedure authorized by paragraph
(b) of this 101-47.305-1 is followed or whether the bids shall be
rejected and the property reoffered for sale on a publicly advertised
competitive bid basis in accordance with the provisions of
101-47.304-7, or disposed of by negotiation pursuant to 101-47.306-1,
or offered for disposal under other applicable provisions of this
subpart 101-47.3.
(29 FR 16126, Dec. 3, 1964, as amended at 50 FR 25223, June 18, 1985)
41 CFR 101-47.305-2 Equal offers.
Equal offers means two or more offers that are equal in all respects,
taking into consideration the best interests of the Government. If
equal acceptable offers are received for the same property, award shall
be made by a drawing by lot limited to the equal acceptable offers
received.
41 CFR 101-47.305-3 Notice to unsuccessful bidders.
When an offer for surplus real property has been accepted, the
disposal agency shall notify all other bidders of such acceptance and
return their earnest money deposits, if any.
41 CFR 101-47.306 Absence of acceptable offers.
41 CFR 101-47.306-1 Negotiations.
(a) When the head of the disposal agency or his designee determines
that bid prices after advertising therefor (including the action
authorized by the provisions of 101-47.305-1(b)) are not reasonable
either as to all or some part of the property or were not independently
arrived at in open competition and that a negotiated sale rather than a
disposal by readvertising or under other applicable provisions of this
subpart would better protect the public interest, the property or such
part thereof may be disposed of by negotiated sale after rejection of
all bids received: Provided, That no negotiated disposal may be made
under this 101-47.306-1 unless:
(1) Notification of the intention to negotiate and reasonable
opportunity to negotiate shall have been given by the agency head or his
designee to each responsible bidder who submitted a bid pursuant to the
advertising;
(2) The negotiated price is higher than the highest rejected bid
price offered by any responsible bidder, as determined by the head of
the agency or his designee; and
(3) The negotiated price is the highest negotiated price offered by
any responsible prospective purchaser.
(b) Any such negotiated disposal shall be subject to the applicable
provisions of 101-47.304-9 and 101-47.304-12.
41 CFR 101-47.306-2 Defense Industrial Reserve properties.
In the event that any disposal agency is unable to dispose of any
surplus industrial plant because of the application of the conditions
and restrictions of the National Security Clause imposed under the
Defense Industrial Reserve Act (50 U.S.C. 453), after making every
practicable effort to do so, it shall notify the Secretary of Defense,
indicating such modifications in the National Security Clause, if any,
which in its judgment will make possible the disposal of the plant.
Upon agreement by the Secretary of Defense to any or all of such
modifications, the plant shall be reoffered for disposal subject to such
modifications as may have been so agreed upon; or if such modifications
are not agreed to, and upon request of the Secretary of Defense, the
plant shall be transferred to the custody of GSA.
(40 FR 12078, Mar. 17, 1975)
41 CFR 101-47.307 Conveyances.
41 CFR 101-47.307-1 Form of deed or instrument of conveyance.
Disposals of real property shall be by quitclaim deed or deed without
warranty in conformity with local law and practice, unless the disposal
agency finds that another form of conveyance is necessary to obtain a
reasonable price for the property or to render the title marketable, and
unless the use of such other form of conveyance is approved by GSA.
41 CFR 101-47.307-2 Conditions in disposal instruments.
(a) Where a sale is made upon credit, the purchaser shall agree by
appropriate provisions to be incorporated in the disposal intruments,
that he will not resell or lease (unless due to its character or type
the property was offered without leasing restrictions by the disposal
agency) the property, or any part thereof or interest therein, without
the prior written authorization of the disposal agency and such disposal
instruments in appropriate cases may specifically provide for such
authorization and/or future partial releases to be granted on terms
which will adequately protect the Government's security for the credit
extended to the purchaser.
(b) Except for exchange transactions initiated by the Federal
Government for its own benefit, any disposition of land, or land and
improvements located thereon, to public bodies by negotiation pursuant
to 101-47.304-9(4) shall include in the deed or other disposal
instrument a covenant substantially as follows:
The Grantee covenants for itself, its heirs, successors, and assigns
and every successor in interest to the property hereby conveyed, or any
part thereof, that the said Grantee and such heirs, successors, and
assigns shall not discriminate upon the basis of race, color, religion,
or national origin in the use, occupancy, sale, or lease of the
property, or in their employment practices conducted thereon. This
covenant shall not apply, however, to the lease or rental of a room or
rooms within a family dwelling unit; nor shall it apply with respect to
religion to premises used primarily for religious purposes. The United
States of America shall be deemed a beneficiary of this covenant without
regard to whether it remains the owner of any land or interest therein
in the locality of the property hereby conveyed and shall have the sole
right to enforce this covenant in any court of competent jurisdiction.
(c) Any deed, lease, or other instrument executed to dispose of
property under this subpart, subject to reservations, restrictions, or
conditions as to the future use, maintenance, or transfer of the
property shall recite all covenants, representations, and agreements
pertaining thereto.
(d) Where the existence of hazardous substance activity has been
brought to the attention of the disposal agency by the Standard Form 118
information provided in accordance with 101-47.202-2(b)(10), the
disposal agency shall incorporate such information into any deed, lease,
or other instrument executed pursuant to part 101-47. See the language
contained in 101-47.304-14. In the case where the purchaser is a
potentially responsible party (PRP) with respect to the hazardous
substance activity, the language must be modified as appropriate to
properly represent the liability of the PRP for any remedial action.
(29 FR 16126, Dec. 3, 1964, as amended at 33 FR 4408, Mar. 12, 1968;
56 FR 15049, Apr. 15, 1991)
41 CFR 101-47.307-3 Distribution of conformed copies of conveyance
instruments.
(a) Two conformed copies of any deed, lease, or other instrument
containing reservations, restrictions, or conditions regulating the
future use, maintenance, or transfer of the property shall be provided
the agency charged with enforcement of such reservations, restrictions,
or conditions.
(b) A conformed copy of the deed, lease, or other conveyance
instrument shall be provided to the holding agency by the disposal
agency.
41 CFR 101-47.307-4 Disposition of title papers.
The holding agency shall, upon request, deliver to the disposal
agency all title papers in its possession relating to the property
reported excess. The disposal agency may transfer to the purchaser of
the property, as a part of the disposal transaction, the pertinent
records authorized by 101-11.404-2, to be so transferred. If the
purchaser of the property wishes to obtain additional records, copies
thereof may be furnished to the purchaser at an appropriate charge, as
determined by the agency having custody of the records.
(33 FR 572, Jan. 17, 1968)
41 CFR 101-47.307-5 Title transfers from Government corporations.
In order to facilitate the administration and disposition of real
property when record title to such property is not in the name of the
United States of America, the holding agency, upon request of the
Administrator of General Services, shall deliver to the disposal agency
a quitclaim deed, or other instrument of conveyance without warranty,
expressed or implied, transferring all of the right, title, and interest
of the holding agency in such property to the United States of America.
41 CFR 101-47.307-6 Proceeds from disposals.
All proceeds (except so much thereof as may be otherwise obligated,
credited, or paid under authority of those provisions of law set forth
in section 204(b)-(e) of the Act (40 U.S.C. 485(b)-(e)), or the
Independent Offices Appropriation Act, 1963 (76 Stat. 725) or in any
later appropriation act) hereafter received from any sale, lease, or
other disposition of surplus real property and related personal property
shall be covered into the land and water conservation fund in the
Treasury of the United States.
(30 FR 754, Jan. 23, 1965)
41 CFR 101-47.308 Special disposal provisions.
41 CFR 101-47.308-1 Power transmission lines.
(a) Pursuant and subject to the provisions of section 13(d) of the
Surplus Property Act of 1944 (50 U.S.C. App. 1622(d)), which is
continued in effect by section 602(a) of the Federal Property and
Administrative Services Act of 1949, any State or political subdivision
thereof, or any State or Government agency or instrumentality may
certify to the disposal agency that a surplus power transmission line
and the right-of-way acquired for its construction is needful for or
adaptable to the requirements of a public or cooperative power project.
Disposal agencies shall notify such State entities and Government
agencies of the availability of such property in accordance with
101-47.303-2.
(b) Notwithstanding any other provisions of this subpart, whenever a
State or political subdivision thereof, or a State or Government agency
or instrumentality certifies that such property is needful for or
adaptable to the requirements of a public or cooperative power project,
the property may be sold for such utilization at the fair market value
thereof.
(c) In the event a sale cannot be accomplished by reason of the price
to be charged or otherwise and the certification is not withdrawn, the
disposal agency shall report the facts involved to the Administrator of
General Services, for a determination by him as to the further action to
be taken to dispose of the property.
(d) Any power transmission line and right-of-way not disposed of
pursuant to the provisions of this section shall be disposed of in
accordance with other applicable provisions of this subpart, including,
if appropriate, reclassification by the disposal agency.
41 CFR 101-47.308-2 Property for public airports.
(a) Pursuant and subject to the provisions of section 13(g) of the
Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)), which is
continued in effect by section 602(a) of the Federal Property and
Administrative Services Act of 1949 and amended by the Act of October 1,
1949, 63 Stat. 700, and section 1402(c) of the Federal Aviation Act of
1958, 72 Stat. 807 (50 U.S.C. App. 1622a-1622c), airport property may
be conveyed or disposed of to a State, political subdivision,
municipality, or tax-supported institution for a public airport.
Airport property is any surplus real property including improvements and
personal property located thereon as a part of the operating unit
(exclusive of property the highest and best use of which is determined
by the Administrator of General Services to be industrial and which
shall be so classified for disposal without regard to the provisions of
this section) which, in the determination of the Administrator of the
Federal Aviation Administration is essential, suitable, or desirable for
the development, improvement, operation, or maintenance of a public
airport, as defined in the Federal Airport Act, as amended (49 U.S.C.
1101), or reasonably necessary to fulfill the immediate and foreseeable
future requirements of the grantee for the development, improvement,
operation, or maintenance of a public airport, including property needed
to develop sources of revenue from nonaviation businesses at a public
airport.
(b) The disposal agency shall notify eligible public agencies, in
accordance with the provisions of 101-47.303-2, that property which may
be disposed of for use as a public airport under the Act of 1944, as
amended, has been determined to be surplus. There shall betransmitted
with the copy of each such notice when sent to the proper regional
office of the Federal Aviation Administration, 101-47.303-2(d), a copy
of the holding agency's Report of Excess Real Property (Standard Form
118, with accompanying schedules).
(c) As promptly as possible after receipt of the copy of the notice
given to eligible public agencies and the copy of Standard Form 118, the
Federal Aviation Administration shall inform the disposal agency of the
determination of the Administrator of the Federal Aviation
Administration required by the provisions of the Act of 1944, as
amended. The Federal Aviation Administration, thereafter, shall render
such assistance to any eligible public agency known to have a need for
the property for a public airport as may be necessary for such need to
be considered in the development of a comprehensive and coordinated plan
of use and procurement for the property. An application form and
instructions for the preparation of an application shall be furnished to
the eligible public agency by the disposal agency upon request.
(d) Whenever an eligible public agency has submitted a plan of use
and application to acquire property for a public airport, in accordance
with the provisions of 101-47.303-2, the disposal agency shall transmit
two copies of the plan and two copies of the application to the proper
regional office of the Federal Aviation Administration. The Federal
Aviation Administration shall promptly submit to the disposal agency a
recommendation for disposal of the property for a public airport or
shall inform the disposal agency that no such recommendation will be
submitted.
(e) Upon receipt of such recommendation, the disposal agency may,
with the approval of the head of the disposal agency or his designee,
convey property recommended by the Federal Aviation Administration for
disposal for a public airport to the eligible public agency, subject to
the provisions of the Surplus Property Act of 1944, as amended.
Approval for aviation areas shall be based on established FAA
guidelines, criteria, and requirements for such areas. Approval for
nonaviation revenue-producing areas shall be given only for such areas
as are anticipated to generate net proceeds which do not exceed expected
deficits for operation of the aviation area applied for at the airport.
(f) Any airport property not recommended by the Federal Aviation
Administration for disposal pursuant to the provisions of this
subsection for use as a public airport shall be disposed of in
accordance with other applicable provisions of this subpart. However,
the holding agency shall first be notified of the inability of the
disposal agency to dispose of the property for use as a public airport
and shall be allowed 30 days to withdraw the property from surplus or to
waive any future interest in the property for public airport use.
(g) The Administrator of the Federal Aviation Administration has the
sole responsibility for enforcing compliance with the terms and
conditions of disposal, and for the reformation, correction, or
amendment of any disposal instrument and the granting of releases and
for taking any necessary action for recapturing such property in
accordance with the provisions of the Act of October 1, 1949, 63 Stat.
700, and section 1402(c) of the Federal Aviation Act of 1958, 72 Stat.
807 (50 U.S.C. App. 1622a-1622c).
(h) In the event title to any such property is revested in the United
States by reason of noncompliance with the terms and conditions of
disposal, or other cause, the Administrator of the Federal Aviation
Administration shall have accountability for the property and shall
report the property to GSA as excess property in accordance with the
provisions of 101-47.202.
(i) Section 23 of the Airport and Airway Development Act of 1970
(Airport Act of 1970) is not applicable to the transfer of airports to
State and local agencies. The transfer of airports to State and local
agencies may be made only under section 13(g) of the Surplus Property
Act of 1944 which is continued in effect by the Act. Only property
which the holding agency determines cannot be reported excess to GSA for
disposition under the Act, but which, nevertheless, may be made
available for use by a State or local public body for public airport
purposes without being inconsistent with the Federal program of the
holding agency, may be conveyed under section 23 of the Airport Act of
1970. In the latter instance, section 23 may be used for the transfer
of nonexcess land for airport development purposes providing that such
real property does not constitute an entire airport. An entire,
existing and established airport can only be disposed of to a State or
eligible local government under section 13(g) of the Surplus Property
Act of 1944.
(29 FR 16126, Dec. 3, 1964, as amended at 42 FR 46305, Sept. 15,
1977; 48 FR 1301, Jan. 12, 1983)
41 CFR 101-47.308-3 Property for use as historic monuments.
(a) Under section 203(k)(3) of the act, the disposal agency may, in
its discretion, convey, without monetary consideration, to any State,
political subdivision, instrumentalities thereof, or municipality,
surplus real and related personal property for use as a historic
monument for the benefit of the public provided the Secretary of the
Interior has determined that the property is suitable and desirable for
such use. No property shall be determined to be suitable or desirable
for use as a historic monument except in conformity with the
recommendation of the Advisory Board on National Parks, Historic Sites,
Buildings, and Monuments. In addition, the disposal agency may
authorize the use of property conveyed under subsection 203(k)(3) of the
act or the Surplus Property Act of 1944, as amended, for
revenue-producing activities if the Secretary of the Interior:
(1) Determines that such activities, as described in the applicant's
proposed program of utilization, are compatible with the use of the
property for historic monument purposes;
(2) Approves the grantee's plan for repair, rehabilitation,
restoration, and maintenance of the property;
(3) Approves the grantee's plan for financing the repair,
rehabilitation, restoration, and maintenance of the property. The plan
shall not be approved unless it provides that all incomes in excess of
costs of repair, rehabilitation, restoration, maintenance and a
specified reasonable profit or payment that may accrue to a lessor,
sublessor, or developer in connection with the management, operation, or
development of the property for revenue producing activities shall be
used by the grantee, lessor, sublessor, or developer, only for public
historic preservation, park, or recreational purposes; and
(4) Examines and approves the grantee's accounting and financial
procedures for recording and reporting on revenue-producing activities.
(b) The disposal agency shall notify State and areawide
clearinghouses and eligible public agencies, in accordance with the
provisions of 101-47.303-2, that property which may be disposed of for
use as a historic monument has been determined to be surplus. A copy of
the holding agency's Standard Form 118, Report of Excess Real Property,
with accompanying schedules shall be transmitted with the copy of each
such notice when it is sent to the proper regional office of the Bureau
of Outdoor Recreation as provided in 101-47.303-2(d).
(c) Upon request, the disposal agency shall furnish eligible public
agencies with an application form to acquire real property for permanent
use as a historic monument and advise the potential applicant that it
should consult with the appropriate Bureau of Outdoor Recreation
Regional Office early in the process of developing the application.
(d) Eligible public agencies shall submit the original and two copies
of the completed application to acquire real property for use as a
historic monument in accordance with the provisions of 101-47.303-2 to
the appropriate Bureau of Outdoor Recreation Regional Office which will
forward one copy of the application to the appropriate regional office
of the disposal agency. After consultation with the National Park
Service, the Bureau of Outdoor Recreation shall promptly submit to the
disposal agency the determination required of the Secretary of the
Interior under section 203(k)(3) of the act for disposal of the property
for a historic monument and compatible revenue-producing activities or
shall inform the disposal agency that no such recommendation will be
submitted.
(e) Upon receipt of the determination, the disposal agency may with
the approval of the head of the disposal agency or his designee convey
to an eligible public agency property determined by the Secretary of the
Interior to be suitable and desirable for use as a historic monument for
the benefit of the public and for compatible revenue-producing
activities subject to the provisions of section 203(k)(3) of the Act.
(f) The Secretary of the Interior has the responsibility for
enforcing compliance with the terms and conditions of disposals; the
reformation, correction, or amendment of any disposal instrument; the
granting of releases; and any action necessary for recapturing such
property in accordance with the provisions of section 203(k)(4) of the
act. Any such action shall be subject to the disapproval of the head of
the disposal agency.
(g) The Department of the Interior shall notify the appropriate GSA
regional Real Property Division, Public Buildings Service, immediately
by letter when title to such historic property is to be revested in the
United States for noncompliance with the terms and conditions of
disposal or for other cause. The notification shall cite the legal and
administrative actions that the Department must take to obtain full
title and possession of the property. In addition, it shall include an
adequate description of the property, including any improvements
constructed thereon since the original conveyance to the grantee. Upon
receipt of a statement from the Department that title to the property
has revested, GSA will assume custody and accountability of the
property. However, the grantee shall be required to provide protection
and maintenance of the property until such time as the title reverts to
the Federal Government, including the period of any notice of intent to
revert. Such protection and maintenance shall, at a minimum, conform to
to the standards prescribed in 101-47.4913.
(40 FR 22257, May 22, 1975, as amended at 49 FR 44472, Nov. 7, 1984)
41 CFR 101-47.308-4 Property for educational and public health
purposes.
(a) The head of the disposal agency or his designee is authorized, at
his discretion:
(1) To assign to the Secretary of the Department of Education (ED)
for disposal under section 203(k)(1) of the Act such surplus real
property, including buildings, fixtures, and equipment situated thereon,
as is recommended by the Secretary as being needed for school,
classroom, or other educational use, or
(2) To assign to the Secretary of Health and Human Services (HHS) for
disposal under section 203(k)(1) of the Act such surplus real property,
including buildings, fixtures, and equipment situated thereon, as is
recommended by the Secretary as being needed for use in the protection
of public health, including research.
(b) With respect to real property and related personal property which
may be made available for assignment to ED or HHS for disposal under
section 203(k)(1) of the Act for educational or public health purposes,
the disposal agency shall notify eligible public agencies, in accordance
with the provisions of 101-47.303-2, that such property has been
determined to be surplus. Such notice to eligible public agencies shall
state that any planning for an educational or public health use,
involved in the development of the comprehensive and coordinated plan of
use and procurement for the property, must be coordinated with ED or
HHS, as appropriate, and that an application form for such use of the
property and instructions for the preparation and submission of an
application may be obtained from ED or HHS. The requirement for
educational or public health use of the property by an eligible public
agency will be contingent upon the disposal agency's approval under
paragraph (i) of this section, of a recommendation for assignment of
Federal surplus real property received from ED or HHS and any subsequent
transfer shall be subject to the disapproval of the head of the disposal
agency as stipulated under section 203(k)(1) (A) or (B) of the Act and
referenced in paragraph (j) of this section.
(c) With respect to surplus real property and related personal
property which may be made available for assignment to either Secretary
for disposal under section 203(k)(1) of the Act for educational or
public health purposes to nonprofit institutions which have been held
exempt from taxation under section 501(c)(3) of the Internal Revenue
Code of 1954 (26 U.S.C. 501(c)(3)), ED or HHS may notify eligible
nonprofit institutions, in accordance with the provisions of
101-47.303-2(e), that such property has been determined to be surplus.
Any such notice to eligible nonprofit institutions shall state that any
requirement for educational or public health use of the property should
be coordinated with the public agency declaring to the disposal agency
an intent to develop and submit a comprehensive and coordinated plan of
use and procurement for the property. The requirement for educational
or public health use of the property by an eligible nonprofit
institution will be contingent upon the disposal agency's approval,
under paragraph (i) of this section, of an assignment recommendation
received from ED or HHS and any subsequent transfer shall be subject to
the disapproval of the head of the disposal agency as stipulated under
section 203(k)(1) (A) or (B) of the Act and referenced in (j) below.
(d) ED and HHS shall notify the disposal agency within 20-calendar
days after the date of the notice of determination of surplus if it has
an eligible applicant interested in acquiring the property. Whenever ED
or HHS has notified the disposal agency within the said 20-calendar day
period of a potential educational or public health requirement for the
property, ED or HHS shall submit to the disposal agency within
25-calendar days after the expiration of the 20-calendar day period, a
recommendation for assignment of the property, or shall inform the
disposal agency, within the 25-calendar day period, that a
recommendation will not be made for assignment of the property.
(e) Whenever an eligible public agency has submitted a plan of use
for property for an educational or public health requirement, in
accordance with the provisions of 101-47.303-2, the disposal agency
shall transmit two copies of the plan to the regional office of ED or
HHS as appropriate. ED or HHS shall submit to the disposal agency,
within 25-calendar days after the date the plan is transmitted, a
recommendation for assignment of the property to the Secretary of ED or
HHS, or shall inform the disposal agency, within the 25-calendar day
period, that a recommendation will not be made for assignment of the
property to ED or HHS as appropriate.
(f) Any assignment recommendation submitted to the disposal agency by
ED or HHS shall set forth complete information concerning the
educational or public health use, including: (1) Identification of the
property, (2) the name of the applicant and the size and nature of its
program, (3) the specific use planned, (4) the intended public benefit
allowance, (5) the estimate of the value upon which such proposed
allowance is based, and, (6) if the acreage or value of the property
exceeds the standards established by the Secretary, an explanation
therefor. ED or HHS shall furnish to the holding agency a copy of the
recommendation, unless the holding agency is also the disposal agency.
(g) Holding agencies shall cooperate to the fullest extent possible
with representatives of ED or HHS in their inspection of such property
and in furnishing information relating thereto.
(h) In the absence of an assignment recommendation from ED or HHS
submitted pursuant to 101-47.308-4 (d) or (e), and received within the
25-calendar day time limit specified therein, the disposal agency shall
proceed with other disposal action.
(i) If, after considering other uses for the property, the disposal
agency approves the assignment recommendation from ED or HHS, it shall
assign the property by letter or other document to the Secretary of ED
or HHS as appropriate. If the recommendation is disapproved, the
disposal agency shall likewise notify the appropriate Department. The
disposal agency shall furnish to the holding agency a copy of the
assignment, unless the holding agency is also the disposal agency.
(j) Subsequent to the receipt of the disposal agency's letter of
assignment, ED or HHS shall furnish to the disposal agency a Notice of
Proposed Transfer in accordance with section 203(k)(1) (A) or (B) of the
Act. If the disposal agency has not disapproved the proposed transfer
within 30-calendar days of the receipt of the Notice of Proposed
Transfer, ED or HHS may proceed with the transfer.
(k) ED or HHS shall furnish the Notice of Proposed Transfer within
35-calendar days after the disposal agency's letter of assignment and
shall prepare the transfer documents and take all necessary actions to
accomplish the transfer within 15-calendar days after the expiration of
the 30-calendar day period provided for the disposal agency to consider
the notice. ED or HHS shall furnish the disposal agency two conformed
copies of deeds, leases or other instruments conveying the property
under section 203(k)(1) (A) or (B) of the Act and all related documents
containing restrictions or conditions regulating the future use,
maintenance or transfer of the property.
(l) ED or HHS, as appropriate, has the responsibility for enforcing
compliance with the terms and conditions of transfer; for the
reformation, correction, or amendment of any transfer instrument; for
the granting of releases; and for the taking of any necessary actions
for recapturing such property in accordance with the provisions of
section 203(k)(4) of the Act. Any such action shall be subject to the
disapproval of the head of the disposal agency. Notice to the head of
the disposal agency by ED or HHS of any action proposed to be taken
shall identify the property affected, set forth in detail the proposed
action, and state the reasons therefor.
(m) In each case of repossession under a terminated lease or
reversion of title by reason of noncompliance with the terms or
conditions of sale or other cause, ED or HHS shall, at or prior to such
repossession or reversion of title, provide the appropriate GSA regional
office with an accurate description of the real and related personal
property involved. Standard Form 118, Report of Excess Real Property,
and the appropriate schedules shall be used for this purpose. Upon
receipt of advice from ED or HHS that such property has been repossessed
or title has reverted, GSA will assume custody of and accountability for
the property. However, the grantee shall be required to provide
protection and maintenance for the property until such time as the title
reverts to the Federal Government, including the period of any notice of
intent to revert. Such protection and maintenance shall, at a minimum,
conform to the standards prescribed in 101-47.4913.
(49 FR 3465, Jan. 27, 1984)
41 CFR 101-47.308-5 Property for use as shrines, memorials, or for
religious purposes.
(a) Surplus military chapels shall be segregated from other
buildings, and shall be disposed of intact, separate and apart from the
land, for use off-site as shrines, memorials, or for religious purposes,
except in cases in which the chapel is located on surplus
Government-owned land and the disposal agency determines that it may
properly be used in place, in which cases a suitable area of land may be
set aside for such purposes, and sold with the chapel.
(1) Application. Applications for the purchase of surplus chapels
for use off-site or for use in-place shall be solicited by public
advertising. All applications received in response to advertising shall
be submitted to the Chief of Chaplains of the service which had
jurisdiction over the property during the period of Government use
thereof for military purposes and shall be disposed of in accordance
with his recommendation. If no recommendation is received from the
Chief of Chaplains within 30 days from the date of such submission, the
disposal agency may select the purchaser on the basis of the needs of
the applicants and the best interests of the community to be served. If
no application is received for transfer of the property for shrine,
memorial, or religious uses, the Chief of Chaplains shall be notified
accordingly, and disposal of the property shall be held in abeyance for
a period not to exceed 60 days thereafter to afford additional time for
the filing of applications. If no such application is received during
the extended period, the property may be disposed of for uses other than
shrine, memorial, or religious purposes pursuant to other applicable
provisions of this subpart.
(2) Sale price. The sale price of the chapel shall be a price equal
to its appraised fair market value in the light of conditions imposed
relating to its future use and the estimated cost of removal, where
required. The sale price of the land shall be a price equal to the
appraised fair market value of the land based upon the highest and best
use of the land at the time of the disposal.
(3) Conditions of transfer. All chapels disposed of pursuant to the
authority of this section shall be transferred subject to the condition
that during the useful life thereof they be maintained and used as
shrines, memorials, or for religious purposes and not for any
commercial, industrial, or other secular use; and that in the event a
transferee fails to maintain and use the chapel for such purposes there
shall become due and payable to the Government the difference between
the appraised fair market value of the chapel, as of the date of the
transfer, without restrictions on its use, and the price actually paid.
Where the land on which the chapel is located is sold with the chapel,
no conditions or restrictions on the use of the land shall be included
in the deed.
(4) Release of restrictions. The disposal agency may release the
conditions of transfer without payment of a monetary consideration upon
a determination that the property no longer serves the purpose for which
it was transferred or that such release will not prevent accomplishment
of the purpose for which the property was transferred. Such
determination shall be in writing, shall state the facts and
circumstances involved, and shall be preserved in the files of the
disposal agency.
(b) Notwithstanding the provisions of this 101-47.308-5, a chapel
and underlying land that is a component unit of a larger parcel of
surplus real property recommended by the Secretary of Health, Education,
and Welfare as being needed for educational or public health purposes,
may be included in an assignment of such property, when so recommended
by the Secretary, for disposal subject to the condition that the
instrument of conveyance shall require that during the useful life of
the chapel it shall be maintained and used by the grantee as a shrine,
memorial, or for religious purposes.
41 CFR 101-47.308-6 Property for housing and related facilities.
(a) Under section 414(a) of the Housing and Urban Development Act of
1969, as amended (40 U.S.C. 484b), the disposal agency may, in its
discretion, transfer (assign) surplus real property to the Secretary of
Housing and Urban Development or to the Secretary of Agriculture acting
through the Farmers Home Administration (FmHA) at the request of either,
for sale or lease by the appropriate Secretary at its fair value for use
in the provision of housing to be occupied predominantly by families or
individuals of low or moderate income and for related public commercial
or industrial facilities approved by the appropriate Secretary.
(b) Upon receipt of the notice of determination of surplus (
101-47.204-1(a)), HUD or FmHA may solicit applications from eligible
applicants.
(c) HUD or FmHA shall notify the disposal agency within 20 calendar
days after the date of the notice of determination of surplus if it is
able to interest an eligible applicant in acquiring the property under
section 414(a) of the 1969 HUD Act, as amended.
(d) Both holding and disposal agencies shall cooperate, to the
fullest extent possible, with representatives of HUD or FmHA in their
inspection of such property and in furnishing information relating
thereto.
(e) HUD or FmHA shall advise the disposal agency and request transfer
of the property for disposition under section 414(a) of the 1969 HUD
Act, as amended, within 25 calendar days after the expiration of the
20-calendar-day period specified in 101-47.308-6(c).
(f) Any request submitted by HUD or FmHA pursuant to 101-47.308-6(e)
shall set forth complete information concerning the intended use,
including:
(1) Identification of the property;
(2) A summary of the background of the proposed project, including a
map or plat of the property;
(3) Whether the property is to be sold or leased to a public body or
to an entity other than a public body which will use the land in
connection with the development of housing to be occupied predominantly
by families or individuals of low and moderate income, assisted under a
Federal housing assistance program administered by the appropriate
Secretary or under a State or local program found by the appropriate
Secretary to have the same general purpose, and related public
commercial or industrial facilities approved by the appropriate
Secretary;
(4) HUD's or FmHA's best estimate of the fair value of the property
and the price at which it will be sold by HUD or FmHA;
(5) How the property is to be used (i.e., single or multifamily
housing units, the number of housing units proposed, types of
facilities, and the estimated cost of construction);
(6) An estimate as to the dates construction will be started and
completed; and
(7) What reversionary provisions will be included in the deed or the
termination provisions that will be included in the lease. It is
suggested that this information, except for the map or plat of the
property, be furnished in the body of the letter transfer request signed
by the Secretary of Housing and Urban Development or the Secretary of
Agriculture or his designee.
The above data will be used by GSA in preparing and submitting a
statement relative to the proposed transaction to the Senate Committee
on Governmental Affairs and the House Committee on Government Operations
prior to the transfer of the property to HUD or FmHA.
(g) In the absence of a notice under paragraph (c) of this section or
a request under paragraph (e) of this section, the disposal agency shall
proceed with the appropriate disposal action.
(h) If, after considering other uses for the property, the disposal
agency determines that the property should be made available to HUD or
FmHA under section 414(a) of the 1969 HUD Act, as amended, it shall
transfer the property to the appropriate agency upon its request.
(i) The transferee agency shall bear the costs of any out-of-pocket
expenses necessary to accomplish the transfer of the property, such as
surveys, fencing, security, etc., of the remaining property or
otherwise. In addition, the transferee agency shall be responsible for
any protection and maintenance expenses after the property is
transferred to the agency.
(j) The disposal agency, if it approves the request, shall transfer
the property by letter or other document to HUD or FmHA for disposal
under section 414(a) of the 1969 HUD Act, as amended. If the request is
disapproved, the disposal agency shall so notify the appropriate
Secretary. The disposal agency shall furnish the holding agency a copy
of the transfer or notice of disapproval.
(k) The transferee agency shall prepare the disposal document and
take all other actions necessary to accomplish the disposition of the
property under section 414(a) of the 1969 HUD Act, as amended, within
120 calendar days after the date of the transfer of the property to the
agency.
(l) If any property conveyed under section 414(a) of the 1969 HUD
Act, as amended, to an entity other than a public body is used for any
purpose other than the purpose for which it was sold or leased within a
period of 30 years of the conveyance, it shall revert to the United
States (or, in the case of leased property, the lease shall terminate)
unless the appropriate Secretary and the Administrator of General
Services, after the expiration of the first 20 years of such period,
approve the use of the property for such other purpose.
(m) The transferee agency shall furnish the disposal agency two
conformed copies of deeds, leases, or other instruments conveying
property under section 414(a) of the 1969 HUD Act, as amended, and
related documents containing reservations, restrictions, or conditions
regulating the future use, maintenance, or transfer of the property.
(n) In each case of reversion of title by reason of noncompliance
with the terms and conditions of sale or other cause, HUD or FmHA shall,
prior to or at the time of such reversion, provide GSA with an accurate
description of the real and related personal property involved.
Standard Form 118, Report of Excess Real Property, and the appropriate
schedules shall be used for this purpose. Upon receipt of advice from
HUD or FmHA that title has reverted, GSA will assume accountability
therefor.
(47 FR 37176, Aug. 25, 1982)
41 CFR 101-47.308-7 Property for use as public park or recreation
areas.
(a) The head of the disposal agency or his designee is authorized, in
his discretion, to assign to the Secretary of the Interior for disposal
under section 203(k)(2) of the Act for public park or recreation
purposes, such surplus real property, including buildings, fixtures, and
equipment situated thereon, as is recommended by the Secretary as being
needed for use as a public park or recreation area for disposal by the
Secretary to a State, political subdivision, instrumentalities thereof,
or municipality.
(b) The disposal agency shall notify established State and regional
or metropolitan clearinghouses and eligible public agencies, in
accordance with the provisions of 101-47.303-2, that property which may
be disposed of for use as a public park or recreation area has been
determined to be surplus. There shall be transmitted with the copy of
each such notice, when sent to the proper field office of the Bureau of
Outdoor Recreation, a copy of the holding agency's Report of Excess Real
Property (Standard Form 118, with accompanying schedules).
(c) An application form to acquire property for permanent use as a
public park or recreation area and instructions for the preparation of
the application shall be furnished by the Department of the Interior
upon request.
(d) The Department of the Interior shall notify the disposal agency
within 20 calendar days after the date of the notice of determination of
surplus if it has an eligible applicant interested in acquiring the
property under section 203(k)(2) of the Act.
(e) Holding agencies shall cooperate to the fullest extent possible
with representatives of the Department of the Interior in their
inspection of such property and in furnishing information relating
thereto.
(f) The Department of the Interior shall advise the disposal agency
and request assignment of the property for disposition under section
203(k)(2) of the Act, as amended, within 25 calendar days after the
expiration of the 20-calendar-day period specified in paragraph (d) of
this section.
(g) Any recommendation submitted by the Department of the Interior
pursuant to paragraph (f) of this section shall set forth complete
information concerning the plans for use of the property as a public
park or recreation area, including (1) identification of the property,
(2) the name of the applicant, (3) the specific use planned, and (4) the
intended public benefit allowance. A copy of the application together
with any other pertinent documentation shall be submitted with the
recommendation.
(h) In the absence of a notice under paragraph (d) of this section or
a request under paragraph (f) of this section, the disposal agency shall
proceed with the appropriate disposal action.
(i) If, after considering other uses for the property, the disposal
agency approves the assignment recommendation from the Department of the
Interior, it shall assign the property by letter or other document to
the Secretary of the Interior. If the recommendation is disapproved,
the disposal agency shall likewise notify the Secretary. The disposal
agency shall furnish to the holding agency a copy of the assignment,
unless the holding agency is also the disposal agency.
(j) Subsequent to the receipt of the disposal agency's letter of
assignment, the Secretary of the Interior shall furnish to the disposal
agency a Notice of Proposed Transfer, in accordance with section
203(k)(2)(A) of the Act. If the disposal agency has not disapproved the
proposed transfer within 30-calendar days of the receipt of the Notice
of Proposed Transfer, the Secretary may proceed with the transfer.
(k) The disposal agency may, where appropriate, make the assignment
subject to the Department of the Interior requiring the applicant to
bear the cost of any out-of-pocket expenses necessary to accomplish the
transfer of the property, such as surveys, fencing, security of the
remaining property or otherwise.
(l) In the absence of the notice of disapproval by the disposal
agency upon expiration of the 30-day period, or upon earlier advice from
the disposal agency of no objection to the proposed transfer, the
Department of the Interior may place the applicant in possession of the
property as soon as practicable in order to minimize the Government's
expense of protection and maintenance of the property. As of the date
of assumption of possession of the property, or the date of conveyance,
whichever occurs first, the applicant shall assume responsibility for
care and handling and all risks of loss or damage to the property, and
shall have all obligations and liabilities of ownership.
(m) The Department of the Interior shall furnish the Notice of
Proposed Transfer within 35-calendar days after the disposal agency's
letter of assignment and shall take all necessary actions to accomplish
the transfer within 15-calendar days after the expiration of the
30-calendar day period provided for the disposal agency to consider the
notice.
(n) The deed of conveyance of any surplus real property transferred
under the provision of section 202(k)(2) of the Act shall provide that
all such property be used and maintained for the purpose for which it
was conveyed in perpetuity, and that in the event that such property
ceases to be used or maintained for such purpose during such period, all
or any portion of such property shall in its then existing condition, at
the option of the United States, revert to the United States and may
contain such additional terms, reservations, restrictions, and
conditions as may be determined by the Secretary of the Interior to be
necessary to safeguard the interest of the United States.
(o) The Department of the Interior shall furnish the disposal agency
two conformed copies of deeds, leases, or other instruments conveying
property under section 203(k)(2) of the Act and related documents
containing reservations, restrictions, or conditions regulating the
future use, maintenance or transfer of the property.
(p) The Secretary of the Interior has the responsibility for
enforcing compliance with the terms and conditions of transfer; the
reformation, correction, or amendment of any transfer instrument; the
granting of releases; and any necessary actions for recapturing such
property in accordance with the provisions of section 202(k)(4) of the
Act. Any such action shall be subject to the disapproval of the head of
the disposal agency. Notice to the head of the disposal agency by the
Secretary of any action proposed to be taken shall identify the property
affected, set forth in detail the proposed action, and state the reasons
therefor.
(q) The Department of the Interior shall notify the appropriate GSA
regional office immediately by letter when title to property transferred
for use as a public park or recreation area is to be revested in the
United States for noncompliance with the terms or conditions of disposal
or for other cause. The notification shall cite the legal and
administrative actions that the Department must take to obtain full
title and possession of the property. In addition, it shall include an
adequate description of the property, including any improvements
constructed thereon since the original conveyance to the grantee. Upon
receipt of a statement from the Department that title to the property
has revested, GSA will assume custody of and accountability for the
property. However, the grantee shall be required to provide protection
and maintenance for the property until such time as the title reverts to
the Federal Government, including the period of any notice of intent to
revert. Such protection and maintenance shall, at a minimum, conform to
the standards prescribed in 101-47.4913.
(36 FR 9776, May 28, 1971, as amended at 49 FR 3467, Jan. 27, 1984)
41 CFR 101-47.308-8 Property for displaced persons.
(a) Pursuant to section 218 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, the disposal agency is
authorized to transfer surplus real property to a State agency, as
hereinafter provided, for the purpose of providing replacement housing
under title II of this Act for persons who are to be displaced by
Federal or federally assisted projects.
(b) Upon receipt of the notice of surplus determination (
101-47.204-1(a)), any Federal agency having a requirement for such
property for housing for displaced persons may solicit applications from
eligible State agencies.
(c) Federal agencies shall notify the disposal agency within 20
calendar days after the date of the notice of determination of surplus
if it is able to interest an eligible State agency in acquiring the
property under section 218.
(d) Both holding and disposal agencies shall cooperate, to the
fullest extent possible, with Federal and State agency representatives
in their inspection of such property and in furnishing information
relating thereto.
(e) The interested Federal agency shall advise the disposal agency
and request transfer of the property to the selected State agency under
section 218 within 25 calendar days after the expiration of the
20-calendar-day period specified in 101-47.308-8(c).
(f) Any request submitted by a Federal agency pursuant to
101-47.308-8(e) shall be in the form of a letter addressed to the
appropriate GSA regional office and shall set forth the following
information:
(1) Identification of the property by name, location, and control
number;
(2) A request that the property be transferred to a specific State
agency including the name and address and a copy of the State agency's
application or proposal;
(3) A certification by the appropriate Federal agency official that
the property is required for housing for displaced persons pursuant to
section 218, that all other options authorized under title II of the Act
have been explored and replacement housing cannot be found or made
available through those channels, and that the Federal or federally
assisted project cannot be accomplished unless the property is made
available for replacement housing;
(4) Any special terms and conditions that the Federal agency desires
to include in conveyance instruments to insure that the property is used
for the intended purpose;
(5) Identification by name and proposed location of the Federal or
federally assisted project which is creating the requirement;
(6) Purpose of the project;
(7) Citation of enabling legislation or authorization for the project
when appropriate;
(8) A detailed outline of steps taken to obtain replacement housing
for displaced persons as authorized under title II of the Act; and
(9) Arrangements that have been made to construct replacement housing
on the surplus property and to insure that displaced persons will be
provided housing in the development.
(g) In the absence of a notice under 101-47.308-8(c) or a request
under 101-47.308-8(e), the disposal agency shall proceed with the
appropriate disposal action.
(h) If, after considering other uses for the property, the disposal
agency determines that the property should be made available for
replacement housing under section 218, it shall transfer the property to
the designated State agency on such terms and conditions as will protect
the interest of the United States, including the payment or the
agreement to pay to the United States all amounts received by the State
agency from any sale, lease, or other disposition of the property for
such housing. The sale, lease, or other disposition of the property by
the State agency shall be at the fair market value as approved by the
disposal agency, unless a compelling justification is offered for
disposal of the property at less than fair market value, in which event
the disposal may be made at such other value as is approved by the
disposal agency.
(i) The State agency shall bear the costs of any out-of-pocket
expenses necessary to accomplish the transfer of the property, such as
costs of surveys, fencing, or security of the remaining property.
(j) The disposal agency, if it approves the request, shall transfer
the property to the designated State agency. If the request is
disapproved, the disposal agency shall notify the Federal agency
requesting the transfer. The disposal agency shall furnish the holding
agency a copy of the transfer or notice of disapproval, and the Federal
agency requesting the transfer a copy of the transfer when appropriate.
(36 FR 11439, June 12, 1971)
41 CFR 101-47.308-9 Property for correctional facility use.
(a) Under section 203(p)(1) of the Act, the head of the disposal
agency or designee may, in his/her discretion, convey, without monetary
consideration, to any State, or to those governmental bodies named
therein, or to any political subdivision or instrumentality thereof,
surplus real and related personal property for correctional facility
use, provided the Attorney General has determined that the property is
required for correctional facility use and has approved an appropriate
program or project for the care or rehabilitation of criminal offenders.
(b) The disposal agency shall provide prompt notification to the
Office of Justice Programs (OJP), Department of Justice (DOJ) of the
availability of surplus properties. Included in the notification to OJP
will be a copy of the holding agency's Standard Form 118, Report of
Excess Real Property, with accompanying schedules.
(c) With respect to real property and related personal property which
may be made available for disposal under section 203(p)(1) of the Act
for correctional facility purposes, OJP shall convey notices of
availability of properties to the appropriate State and local public
agencies. Such notice shall state that any planning for correctional
facility use involved in the development of a comprehensive and
coordinated plan of use and procurement for the property must be
coordinated and approved by the OJP and that an application form for
such use of the property and instructions for the preparation and
submission of an application may be obtained from OJP. The requirement
for correctional facility use of the property by an eligible public
agency will be contingent upon the disposal agency's approval under
paragraph (g) of this section of a determination by DOJ that identifies
surplus property required for correctional facility use under an
appropriate program or project for the care of rehabilitation of
criminal offenders.
(d) OJP shall notify the disposal agency within 20 calendar days
after the date of the notice of determination of surplus if there is an
eligible applicant interested in acquiring the property. Whenever OJP
has notified the disposal agency within the said 20 calendar-day period
of a potential correctional facility requirement for the property, OJP
shall submit to the disposal agency within 25 calendar days after the
expiration of the 20 calendar-day period, a determination indicating a
requirement for the property and approving an appropriate program or
project for the care or rehabilitation of criminal offenders, or shall
inform the disposal agency, within the 25 calendar-day period, that the
property will not be required for correctional facility use.
(e) Any determination submitted to the disposal agency by DOJ shall
set forth complete information concerning the correctional facility use,
including:
(1) Identification of the property,
(2) Certification that the property is required for correctional
facility use,
(3) A copy of the approved application which defines the proposed
plan of use, and
(4) The environmental impact of the proposed correctional facility.
(f) Both holding and disposal agencies shall cooperate to the fullest
extent possible with Federal and State agency representatives in their
inspection of such property and in furnishing information relating
thereto.
(g) If, after considering other uses for the property, the disposal
agency approves the determination by DOJ, it shall convey the property
to the appropriate grantee. If the determination is disapproved, or in
the absence of a determination from DOJ submitted pursuant to
101-47.308-9(d), and received within the 25 calendar-day time limit
specified therein, the disposal agency shall proceed with other disposal
action. The disposal agency shall notify OJP 10 days prior to any
announcement of a determination to either approve or disapprove an
application for correctional purposes and shall furnish to OJP a copy of
the conveyance documents.
(h) The deed of conveyance of any surplus real property transferred
under the provisions of section 203(p)(1) of the Act shall provide that
all such property be used and maintained for the purpose for which it
was conveyed in perpetuity and that in the event such property ceases to
be used or maintained for such purpose during such period, all or any
portion of such property shall in its then existing condition, at the
option of the United States, revert to the United States and may contain
such additional terms, reservations, restrictions, and conditions as may
be determined by the Administrator of General Services to be necessary
to safeguard the interest of the United States.
(i) The Administrator of General Services has the responsibility for
enforcing compliance with the terms and conditions of disposals; the
reformation, correction, or amendment of any disposal instrument; the
granting of releases; and any action necessary for recapturing such
property in accordance with the provisions of section 203(p)(3) of the
Act.
(j) The OJP will notify GSA upon discovery of any information
indicating a change in use and, upon request, make a redetermination of
continued appropriateness of the use of a transferred property.
(k) In each case of repossession under a reversion of title by reason
of noncompliance with the terms of the conveyance documents, GSA will
assume custody of and accountability for the property. However, the
grantee shall be required to provide protection and maintenance for the
property until such time as the title reverts to the Federal Government,
including the period of any notice of intent to revert. Such protection
and maintenance shall, at a minimum, conform to the standards prescribed
in 101-47.4913.
(52 FR 9832, Mar. 27, 1987)
41 CFR 101-47.309 Disposal of leases, permits, licenses, and similar
instruments.
The disposal agency may, subject to such reservations, restrictions,
and conditions, if any, as the disposal agency deems necessary properly
to protect the interests of the United States against liability under a
lease, permit, license, or similar instrument:
(a) Dispose of the lease or other instrument subject to assumption by
the transferee of the obligations in the lease or other instrument
unless a transfer is prohibited by the terms of the lease or other
instrument; or
(b) Terminate the lease or other instrument by notice or negotiated
agreement; and
(c) Dispose of any surplus Government-owned improvements located on
the premises in the following order by any one or more of the following
methods:
(1) By disposition of all or a portion thereof to the transferee of
the lease or other instrument (not applicable when the lease or other
instrument is terminated);
(2) By disposition to the owner of the premises or grantor of a
sublease, as the case may be, (i) in full satisfaction of a contractual
obligation of the Government to restore the premises, or (ii) in
satisfaction of a contractual obligation of the Government to restore
the premises plus the payment of a money consideration to the Government
by the owner or grantor, as the case may be, that is fair and reasonable
under the circumstances, or (iii) in satisfaction of a contractual
obligation of the Government to restore the premises plus the payment by
the Government to the owner or grantor, as the case may be, of a money
consideration that is fair and reasonable under the circumstances; or
(3) By disposition for removal from the premises.
Provided, That any negotiated disposals shall be subject to the
applicable provisions of 101-47.304-9 and 101-47.30-12. The
cancellation of the Government's restoration obligations in return for
the conveyance of the Government-owned improvements to the lessor is
considered a settlement of a contractual obligation rather than a
disposal of surplus real property and, therefore, is not subject to the
provisions of 101-47.304-9 and 101-47.304-12.
(29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 1966)
41 CFR 101-47.310 Disposal of structures and improvements on
Government-owned land.
In the case of Government-owned land, the disposal agency may dispose
of structures and improvements with the land or separately from the
land: Provided, That prefabricated movable structures such as
Butler-type storage warehouses, and quonset huts, and housetrailers
(with or without under carriages) reported to GSA with the land on which
they are located, may, in the discretion of GSA, be designated for
disposal as personal property for off-site use.
41 CFR 101-47.311 Disposal of residual personal property.
(a) Any related personal property reported to GSA on Standard Form
118 which is not disposed of by GSA as related to the real property,
shall be designated by GSA for disposal as personal property.
(b) Any related personal property which is not disposed of by the
holding agency, pursuant to the authority contained in 101-47.302, or
authority otherwise delegated by the Administrator of General Services
as related to the real property, shall be disposed of under the
applicable provisions of part 101-45.
41 CFR 101-47.312 Non-Federal interim use of property.
(a) A lease or permit may be granted by the holding agency with the
approval of the disposal agency, for non-Federal interim use of surplus
property; Provided, That such lease or permit shall be for a period not
exceeding 1 year and shall be made revocable on not to exceed 30 days'
notice by the disposal agency: And provided further, That the use and
occupancy will not interfere with, delay, or retard the disposal of the
property. In such cases, an immediate right of entry to such property
may be granted pending execution of the formal lease or permit. The
lease or permit shall be for a money consideration and shall be on such
other terms and conditions as are deemed appropriate to properly protect
the interest of the United States. Any negotiated lease or permit under
this section shall be subject to the applicable provisions of
101-47.304-9 and 101-47.304-12, except that no explanatory statement to
the appropriate committees of the Congress need to be prepared with
respect to a negotiated lease or permit providing for an annual net
rental of $100,000 or less, and termination by either part on 30 days'
notice.
(b) (Reserved)
(54 FR 41245, Oct. 6, 1989)
101-47.313 Easements.
41 CFR 101-47.313-1 Disposal of easements to owner of servient estate.
The disposal agency may dispose of an easement to the owner of the
land which is subject to the easement when the continued use, occupancy,
or control of the easement is not needed for the operation, production,
use, or maintenance of property owned or controlled by the Government.
A determination shall be made by the disposal agency as to whether the
disposal shall be with or without consideration to the Government on the
basis of all the circumstances and factors involved and with due regard
to the acquisition cost of the easement to the Government. The extent
of such consideration shall be regarded as the appraised fair market
value of the easement. The disposal agency shall document the
circumstances and factors leading to such determination and retain such
documentation in its files.
41 CFR 101-47.313-2 Grants of easements in or over Government property.
The disposal agency may grant easements in or over real property on
appropriate terms and conditions: Provided, That where the disposal
agency determines that the granting of such easement decreases the value
of the property, the granting of the easement shall be for a
consideration not less than the amount by which the fair market value of
the property is decreased.
101-47.314 Compliance.
41 CFR 101-47.314-1 General.
Subject to the provisions of 101-47.314-2(a), requiring referral of
criminal matters to the Department of Justice, each disposal agency
shall perform such investigatory functions as are necessary to insure
compliance with the provisions of the Act and with the regulations,
orders, directives, and policy statements of the Administrator of
General Services.
41 CFR 101-47.314-2 Extent of investigations.
(a) Referral to other Government agencies. All information
indicating violations by any person of Federal criminal statutes, or
violations of section 209 of the 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 disposal 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 disposal 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.
(b) Compliance reports. A written report shall be made of all
compliance investigations conducted by each agency compliance
organization. Each disposal agency shall maintain centralized files of
all such reports at its respective departmental offices. Until
otherwise directed by the Administrator of General Services, there shall
be transmitted promptly to the Administrator of General Services one
copy of any such report which contains information indicating
criminality on the part of any person or indicating 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 established by the investigation. Where any matter
is referred to the Department of Justice, a copy of the letter of
referral shall be transmitted to the Administrator of General Services.
41 CFR 101-47.314-2 Subpart 101-47.4 -- Management of Excess and Surplus Real Property
41 CFR 101-47.400 Scope of subpart.
This subpart prescribes the policies and methods governing the
physical care, handling, protection, and maintenance of excess real
property and surplus real property, including related personal property,
within the States of the Union, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, Guam, the Trust Territory
of the Pacific Islands, and the Virgin Islands.
(47 FR 4522, Feb. 1, 1982)
101-47.401 General provisions of subpart.
41 CFR 101-47.401-1 Policy.
It is the policy of the Administrator of General Services:
(a) That the management of excess real property and surplus real
property, including related personal property, shall provide only those
minimum services necessary to preserve the Government's interest
therein, realizable value of the property considered.
(b) To place excess real property and surplus real property in
productive use through interim utilization: Provided, That such
temporary use and occupancy will not interfere with, delay, or retard
its transfer to a Federal agency or disposal.
(c) That excess and surplus real property which is dangerous to the
public health or safety shall be destroyed or rendered innocuous.
41 CFR 101-47.401-2 Definitions.
As used in this subpart, the following terms shall have the meanings
set forth below:
(a) Maintenance. The upkeep of property only to the extent necessary
to offset serious deterioration; also such operation of utilities,
including water supply and sewerage systems, heating, plumbing, and
air-conditioning equipment, as may be necessary for fire protection, the
needs of interim tenants, and personnel employed at the site, and the
requirements for preserving certain types of equipment.
(b) Repairs. Those additions or changes that are necessary for the
protection and maintenance of property to deter or prevent excessive or
rapid deterioration or obsolescence, and to restore property damaged by
storm, flood, fire, accident, or earthquake.
41 CFR 101-47.401-3 Taxes and other obligations.
Payments of taxes or payments in lieu of taxes (in the event of the
enactment hereafter of legislation by Congress authorizing such payments
upon Government-owned property which is not legally assessable), rents,
and insurance premiums and other obligations pending transfer or
disposal shall be the responsibility of the holding agency.
41 CFR 101-47.401-4 Decontamination.
The holding agency shall be responsible for all expense to the
Government and for the supervision of decontamination of excess and
surplus real property that has been subjected to contamination with
hazardous materials of any sort. Extreme care must be exercised in the
decontamination, and in the management and disposal of contaminated
property in order to prevent such properties becoming a hazard to the
general public. The disposal agency shall be made cognizant of any and
all inherent hazards involved relative to such property in order to
protect the general public from hazards and to preclude the Government
from any and all liability resulting from indiscriminate disposal or
mishandling of contaminated property.
41 CFR 101-47.401-5 Improvements or alterations.
Improvements or alterations which involve rehabilitation,
reconditioning, conversion, completion, additions, and replacements in
structures, utilities, installations, and land betterments, may be
considered in those cases where disposal cannot otherwise be made, but
no commitment therefor shall be entered into without prior approval of
GSA.
41 CFR 101-47.401-6 Interim use and occupancy.
When a revocable agreement to place excess real property or surplus
real property in productive use has been made, the agency executing the
agreement shall be responsible for the servicing thereof.
101-47.402 Protection and maintenance.
41 CFR 101-47.402-1 Responsibility.
The holding agency shall retain custody and accountability for excess
and surplus real property including related personal property and shall
perform the protection and maintenance of such property pending its
transfer to another Federal agency or its disposal. Guidelines for
protection and maintenance of excess and surplus real property are in
101-47.4913. The holding agency shall be responsible for complying with
the requirements of the National Oil and Hazardous Substances Pollution
Contingency Plan and initiating or cooperating with others in the
actions prescribed for the prevention, containment, or remedy of
hazardous conditions.
(49 FR 1348, Jan. 11, 1984)
41 CFR 101-47.402-2 Expense of protection and maintenance.
(a) The holding agency shall be responsible for the expense of
protection and maintenance of such property pending transfer or disposal
for not more than 12 months, plus the period to the first day of the
succeeding quarter of the fiscal year after the date that the property
is available for immediate disposition. If the holding agency requests
deferral of the disposal, continues to occupy the property beyond the
excess date to the detriment of orderly disposal, or otherwise takes
actions which result in a delay in the disposition, the period for which
that agency is responsible for such expenses shall be extended by the
period of delay. (See 101-47.202-9.)
(b) In the event the property is not transferred to a Federal agency
or disposed of during the period mentioned in paragraph (a) of this
section, the expense of protection and maintenance of such property from
and after the expiration date of said period shall be either paid or
reimbursed to the holding agency, subject to the limitations herein,
which payment or reimbursement shall be in the discretion of the
disposal agency. The maximum amount of protection and maintenance to be
paid or reimbursed by the disposal agency will be specified in a written
agreement between the holding agency and the disposal agency, but such
payment or reimbursement is subject to the appropriations by Congress to
the disposal agency of funds sufficient to make such payment or
reimbursement. In accordance with the written agreement, the disposal
agency and the holding agency will sign an obligational document only if
and when Congress actually appropriates to the disposal agency, pursuant
to its request, funds sufficient to pay or reimburse the holding agency
for protection and maintenance expenses, as agreed. In the absence of a
written agreement, the holding agency shall be responsible for all
expenses of protection and maintenance, without any right of
contribution or reimbursement from the disposal agency.
(49 FR 1348, Jan. 11, 1984)
41 CFR 101-47.403 Assistance in disposition.
The holding agency is expected to cooperate with the disposal agency
in showing the property to prospective transferees or purchasers.
Unless extraordinary expenses are incurred in showing the property, the
holding agency shall absorb the entire cost of such actions. (See
101-47.304-5.)
(36 FR 3894, Mar. 2, 1971)
41 CFR 101-47.403 Subpart 101-47.5 -- Abandonment, Destruction, or Donation to Public Bodies
41 CFR 101-47.500 Scope of subpart.
(a) This subpart prescribes the policies and methods governing the
abandonment, destruction, or donation to the public bodies by Federal
agencies of real property located within the States of the Union, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
Guam, the Trust Territory of the Pacific Islands, and the Virgin
Islands.
(b) The subpart does not apply to surplus property assigned for
disposal to educational or public health institutions pursuant to
section 203(k) of the Act.
(29 FR 16126, Dec. 3, 1964, as amended at 47 FR 4522, Feb. 1, 1982)
101-47.501 General provisions of subpart.
41 CFR 101-47.501-1 Definitions.
(a) No commercial value means real property, including related
personal property, which has no reasonable prospect of being disposed of
at a consideration.
(b) Public body means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any
political subdivision, agency, or instrumentality of the foregoing.
41 CFR 101-47.501-2 Authority for disposal.
Subject to the restrictions in 101-47.502 and 101-47.503, any
Federal agency having control of real property which has no commercial
value or of which the estimated cost of continued care and handling
would exceed the estimated proceeds from its sale, is authorized:
(a) To abandon or destroy Government-owned improvements and related
personal property located on privately owned land.
(b) To destroy Government-owned improvements and related personal
property located on Government-owned land. Abandonment of such property
is not authorized.
(c) To donate to public bodies any real property (land and/or
improvements and related personal property), or interests therein, owned
by the Government.
41 CFR 101-47.501-3 Dangerous property.
No property which is dangerous to public health or safety shall be
abandoned, destroyed, or donated to public bodies pursuant to this
subpart without first rendering such property innocuous or providing
adequate safeguards therefor.
41 CFR 101-47.501-4 Findings.
(a) No property shall be abandoned, destroyed, or donated by a
Federal agency under 101-47.501-2, unless a duly authorized official of
that agency finds, in writing, either that (1) such property has no
commercial value, or (2) the estimated cost of its continued care and
handling would exceed the estimated proceeds from its sale. Such
finding shall not be made by any official directly accountable for the
property covered thereby.
(b) Whenever all the property proposed to be disposed of hereunder by
a Federal agency at any one location at any one time had an original
cost (estimated if not known) of more than $1,000, findings made under
101-47.501-4(a), shall be approved by a reviewing authority before any
such disposal.
101-47.502 Donations to public bodies.
41 CFR 101-47.502-1 Cost limitations.
No improvements on land or related personal property having an
original cost (estimated if not known) in excess of $250,000 and no
land, regardless of cost, shall be donated to public bodies without the
prior concurrence of GSA. The request for such concurrence shall be
made to the regional office of GSA for the region in which the property
is located.
41 CFR 101-47.502-2 Disposal costs.
Any public body receiving improvements on land or related personal
property pursuant to this subpart shall pay the disposal costs incident
to the donation, such as dismantling, removal, and the cleaning up of
the premises.
101-47.503 Abandonment and destruction.
41 CFR 101-47.503-1 General.
(a) No improvements on land or related personal property shall be
abandoned or destroyed by a Federal agency unless a duly authorized
official of that agency finds, in writing, that donation of such
property in accordance with the provisions of this subpart is not
feasible. This finding shall be in addition to the finding prescribed
in 101-47.501-4. If at any time prior to actual abandonment or
destruction the donation of the property pursuant to this subpart
becomes feasible, such donation will be accomplished.
(b) No abandonment or destruction shall be made in a manner which is
detrimental or dangerous to public health or safety or which will cause
infringement of the rights of other persons.
(c) The concurrence of GSA shall be obtained prior to the abandonment
or destruction of improvements on land or related personal property (1)
which had an original cost (estimated if not known) of more than
$50,000, or (2) which are of permanent type construction, or (3) where
their retention would enhance the value of the underlying land, if it
were to be made available for sale or lease.
41 CFR 101-47.503-2 Notice of proposed abandonment or destruction.
Except as provided in 101-47.503-3, improvements on land or related
personal property shall not be abandoned or destroyed by a Federal
agency until after public notice of such proposed abandonment or
destruction. Such notice shall be given in the area in which the
property is located, shall contain a general description of the property
to be abandoned or destroyed, and shall include an offering of the
property for sale. A copy of such notice shall be given to the regional
office of GSA for the region in which the property is located.
41 CFR 101-47.503-3 Abandonment or destruction without notice.
If (a) the property had an original cost (estimated if not known) of
not more than $1,000; or (b) its value is so low or the cost of its
care and handling so great that its retention in order to post public
notice is clearly not economical; or (c) immediate abandonment or
destruction is required by considerations of health, safety, or
security; or (d) the assigned mission of the agency might be
jeopardized by the delay, and a finding with respect to paragraph (a),
(b), (c), or (d) of this section, is made in writing by a duly
authorized official of the Federal agency and approved by a reviewing
authority, abandonment or destruction may be made without public notice.
Such a finding shall be in addition to the findings prescribed in
101-47.501-4 and 101-47.503-1(a).
41 CFR 101-47.503-3 Subpart 101-47.6 -- Delegations
41 CFR 101-47.600 Scope of subpart.
This subpart sets forth the special delegations of authority granted
by the Administrator of General Services to other agencies for the
utilization and disposal of certain real property pursuant to the Act.
41 CFR 101-47.601 Delegation to Department of Defense.
(a) Authority is delegated to the Secretary of Defense to determine
that excess real property and related personal property under the
control of the Department of Defense having a total estimated fair
market value, including all the component units of the property, of less
than $15,000 as determined by the Department of Defense, is not required
for the needs and responsibilities of Federal agencies; and thereafter
to dispose of said property by means deemed advantageous to the United
States.
(b) Prior to such determination and disposal, the Secretary of
Defense shall take steps as may be appropriate to determine that the
property is not required for the needs of any Federal agency.
(c) The authority conferred in this 101-47.601 shall be exercised in
accordance with the Act and regulations issued pursuant thereto, except
that the reporting of such property to GSA under subpart 101-47.2 shall
not be required.
(d) The authority delegated in this 101-47.601 may be redelegated to
any officer or employee of the Department of Defense.
(29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 1966;
56 FR 56935, Nov. 7, 1991)
41 CFR 101-47.602 Delegation to the Department of Agriculture.
(a) Authority is delegated to the Secretary of Agriculture to
determine that excess real property and related personal property under
the control of the Department of Agriculture having a total estimated
fair market value, including all the component units of the property, of
less than $15,000 as determined by the Department of Agriculture, is not
required for the needs and responsibilities of Federal agencies; and
thereafter to dispose of said property by means deemed advantageous to
the United States.
(b) Prior to such determination and disposal, the Secretary of
Agriculture shall take steps as may be appropriate to determine that the
property is not required for the needs of any Federal agency.
(c) The authority conferred in this 101-47.602 shall be exercised in
accordance with the Act and regulations issued pursuant thereto, except
that the reporting of such property to GSA under subpart 101-47.2 shall
not be required.
(d) The authority delegated in this 101-47.602 may be redelegated to
any officer or employee of the Department of Agriculture.
(29 FR 16126, Dec. 3, 1964, as amended at 31 FR 16780, Dec. 31, 1966;
56 FR 56936, Nov. 7, 1991)
41 CFR 101-47.603 Delegations to the Secretary of the Interior.
(a) Authority is delegated to the Secretary of the Interior to
maintain custody and control of an accountability for those mineral
resources which may be designated from time to time by the Administrator
or his designee and which underlie Federal property currently utilized
or excess or surplus to the Government's needs. Authority is also
delegated to the Secretary to dispose of such mineral resources by lease
and to administer any leases which are made.
(1) The Secretary may redelegate this authority to any officer,
official, or employee of the Department of the Interior.
(2) Under this authority, the Secretary of the Interior, as head of
the holding agency is responsible for the following: (i) Maintaining
proper inventory records, and (ii) monitoring the minerals as necessary
to ensure that no unauthorized mining or removal of the minerals occurs.
(3) Under this authority, the Secretary of the Interior, as head of
the disposal agency, is responsible for the following: (i) Securing, in
accordance with 101-47.303-4, any appraisals deemed necessary by the
Secretary; (ii) coordinating with all surface landowners, Federal or
otherwise, so as not to unduly interfere with the surface use; (iii)
ensuring that the lands which may be disturbed or damaged are restored
after removal of the mineral deposits is completed; and (iv) notifying
the Administrator when the disposal of all marketable mineral deposits
has been completed.
(4) The Secretary of the Interior, as head of the disposal agency, is
responsible for complying with the applicable environmental laws and
regulations, including (i) the National Environmental Policy Act of
1969, as amended (42 U.S.C. 4321, et seq.) and the implementing
regulations issued by the Council on Environmental Quality (40 CFR part
1500); (ii) section 106 of the National Historic Preservation Act of
1966 (16 U.S.C. 470f); and (iii) the Coastal Zone Management Act of
1972 (16 U.S.C. 1451, et seq.) and the Department of Commerce
implementing regulations (15 CFR parts 923 and 930).
(5) The Secretary of the Interior will forward promptly to the
Administrator copies of any agreements executed under this authority.
(6) The Secretary of the Interior will provide to the Administrator
an annual accounting of the proceeds received from leases executed under
this authority.
(b) Authority is delegated to the Secretary of the Interior to
determine that excess real property and related personal property under
his control having a total estimated fair market value, including all
components of the property, of less than $15,000 as determined by the
Secretary, is not required for the needs and responsibilities of Federal
agencies; and thereafter to dispose of the property by means most
advantageous to the United States.
(48 FR 50893, Nov. 4, 1983, as amended at 56 FR 56936, Nov. 7, 1991)
41 CFR 101-47.604 Delegation to the Department of the Interior, the
Department of Health and Human Services, and the Department of
Education.
(a) The Secretary of the Interior, the Secretary of Health and Human
Services, and the Secretary of Education, are delegated authority to
transfer and to retransfer to each other, upon request, any of the
property of either agency which is being used and will continue to be
used in the administration of any functions relating to the Indians.
The term property, as used in this 101-47.604, includes real property
and such personal property as the Secretary making the transfer or
retransfer determines to be related personal property.
(b) This authority shall be exercised only in connection with
property which the Secretary transferring or retransferring such
property determines:
(1) Comprises a functional unit;
(2) Is located within the United States; and
(3) Has an acquisition cost of $100,000 or less: Provided, however,
That the transfer or retransfer shall not include property situated in
any area which is recognized as an urban area or place for the purpose
of the most recent decennial census.
(c) No screening of the property as required by the regulations in
this part 101-47 need be conducted, it having been determined that such
screening among Federal agencies would accomplish no useful purpose
since the property which is subject to transfer or retransfer hereunder
will continue to be used in the administration of any functions relating
to the Indians.
(d) Any such transfer or retransfer of a specific property shall be
without reimbursement except:
(1) Where funds programmed and appropriated for acquisition of the
property are available to the Secretary requesting the transfer or
retransfer; or
(2) Whenever reimbursement at fair value is required by subpart
101-47.2.
(e) Where funds were not programed and appropriated for acquisition
of the property, the Secretary requesting the transfer or retransfer
shall so certify. Any determination necessary to carry out the
authority contained in this 101-47.604 which otherwise would be
required under this part to be made by GSA shall be made by the
Secretary transferring or retransferring the property.
(f) The authority conferred in this 101-47.604 shall be exercised in
accordance with such other provisions of the regulations of GSA issued
pursuant to the Act as may be applicable.
(g) The Secretary of the Interior, the Secretary of Health and Human
Services, and the Secretary of Education, are authorized to redelegate
any of the authority contained in this 101-47.604 to any officers or
employees of their respective departments.
(29 FR 16126, Dec. 3, 1964, as amended at 56 FR 56936, Nov. 7, 1991)
41 CFR 101-47.604 Subpart 101-47.7 -- Conditional Gifts of Real Property To Further the Defense Effort
41 CFR 101-47.700 Scope of subpart.
This subpart provides for acceptance or rejection on behalf of the
United States of any gift of real property offered on condition that it
be used for a particular defense purpose and for subsequent disposition
of such property (Act of July 27, 1954, (50 U.S.C. 1151-1156)).
(40 FR 12079, Mar. 17, 1975)
41 CFR 101-47.701 Offers and acceptance of conditional gifts.
(a) Any agency receiving an offer of a conditional gift of real
property for a particular defense purpose within the purview of the Act
of July 27, 1954, shall notify the appropriate regional office of GSA
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
the GSA regional office, but should 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 to be acceptable and it can be
accepted and used in the form in which offered, it will be transferred
without reimbursement to an agency designated by GSA for use for the
particular purpose for which it was donated.
(d) If the gift is one which GSA determines may and should 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, in accordance with
Treasury Department procedures.
41 CFR 101-47.702 Consultation with agencies.
Such conditional gifts of real 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.
41 CFR 101-47.703 Advice of disposition.
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.
41 CFR 101-47.704 Acceptance of gifts under other laws.
Nothing in this subpart 101-47.7 shall be construed as applicable to
the acceptance of gifts under the provisions of other laws.
41 CFR 101-47.704 Subpart 101-47.8 -- Identification of Unneeded Federal Real Property
41 CFR 101-47.800 Scope of subpart.
This subpart is designed to implement, in part, section 2 of
Executive Order 12512, which provides, in part, that the Administrator
of General Services shall provide Governmentwide policy, oversight and
guidance for Federal real property management. The Administrator of
General Services shall issue standards, procedures, and guidelines for
the conduct of surveys of real property holdings of Executive agencies
on a continuing basis to identify properties which are not utilized, are
underutilized, or are not being put to their optimum use; and make
reports describing any property or portion thereof which has not been
reported excess to the requirements of the holding agency and which, in
the judgment of the Administrator, is not utilized, is underutilized, or
is not being put to optimum use, and which he recommends should be
reported as excess property. The provisions of this subpart are
presently limited to fee-owned properties and supporting leaseholds and
lesser interests located within the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
Guam, the Trust Territory of the Pacific Islands, and the Virgin
Islands. The scope of this subpart may be enlarged at a later date to
include real property in additional geographical areas and other
interests in real property.
(51 FR 193, Jan. 3, 1986)
41 CFR 101-47.801 Standards.
Each executive agency shall use the following standards in
identifying unneeded Federal property.
(a) Definitions -- (1) Not utilized. ''Not utilized'' means an
entire property or portion thereof, with or without improvements, not
occupied for current program purposes of the accountable executive
agency, or occupied in caretaker status only.
(2) Underutilized. ''Underutilized'' means an entire property or
portion thereof, with or without improvements:
(i) Which is used only at irregular periods or intermittently by the
accountable executive agency for current program purposes of that
agency; or
(ii) Which is used for current program purposes that can be satisfied
with only a portion of the property.
(3) Not being put to optimum use. ''Not being put to optimum use''
means an entire property or portion thereof, with or without
improvements, which:
(i) Even though utilized for current program purposes of the
accountable executive agency is of such nature or value, or is in such a
location that it could be utilized for a different significantly higher
and better purpose; or
(ii) The costs of occupying are substantially higher than would be
applicable for other suitable properties that could be made available to
the accountable executive agency through transfer, purchase, or lease
with total net savings to the Government after consideration of property
values as well as costs of moving, occupancy, efficiency of operations,
environmental effects, regional planning, and employee morale.
(b) Guidelines. The following general guidelines shall be considered
by each executive agency in its annual review (see 101-47.802):
(1) Is the property being put to its highest and best use?
(i) Consider such aspects as surrounding neighborhood, zoning, and
other environmental factors;
(ii) Is present use compatible with State, regional, or local
development plans and programs?
(iii) Consider whether Federal use of the property would be justified
if rental charge equivalent to commercial rates were added to the
program costs for the function it is serving.
(2) Are operating and maintenance costs excessive compared with those
of other similar facilities?
(3) Will contemplated program changes alter property requirements?
(4) Is all of the property essential for program requirements?
(5) Will local zoning provide sufficient protection for necessary
buffer zones if a portion of the property is released?
(6) Are buffer zones kept to a minimum?
(7) Is the present property inadequate for approved future programs?
(8) Can net savings to the Nation be realized through relocation
considering property prices or rentals, costs of moving, occupancy, and
increase in efficiency of operations?
(9) Have developments on adjoining nonfederally owned land or public
access or road rights-of-way granted across the Government-owned land
rendered the property or any portion thereof unsuitable or unnecessary
for program requirements?
(10) If Federal employees are housed in Government-owned residential
property, is the local market willing to acquire Government-owned
housing or can it provide the necessary housing and other related
services that will permit the Government-owned housing area to be
released? (Provide statistical data on cost and availability of housing
on the local market.)
(11) Can the land be disposed of and program requirements satisfied
through reserving rights and interests to the Government in the property
if it is released?
(12) Is a portion of any property being retained primarily because
the present boundaries are marked by the existence of fences, hedges,
roads, and utility systems?
(13) Is any land being retained merely because it is considered
undesirable property due to topographical features or to encumbrances
for rights-of-way or because it is believed to be not disposable?
(14) Is land being retained merely because it is landlocked?
(15) Is there land or space in Government-owned buildings that can be
made available for utilization by others within or outside Government on
a temporary basis?
(35 FR 5261, Mar. 28, 1970, as amended at 37 FR 5030, Mar. 9, 1972;
40 FR 12079, Mar. 17, 1975)
41 CFR 101-47.802 Procedures.
(a) Executive agency annual review. Each executive agency shall make
an annual review of its property holdings.
(1) In making such annual reviews, each executive agency shall use
the standards set forth in 101-47.801 in identifying property that is
not utilized, is underutilized, or is not being put to its optimum use.
(2) A written record of the review of each individual facility shall
be prepared. The written review record shall contain comments relative
to each of the above guidelines and an overall map of the facility
showing property boundaries, major land uses, improvements, safety
zones, proposed uses, and regulations or other authorizations that
sanction the requirement for and usage made of or proposed for
individual parcels of the property. A copy of the review record shall
be made available to GSA upon request or to the GSA survey
representative at the time of the survey of each individual facility.
(3) Each executive agency shall, as a result of its annual review,
determine, in its opinion, whether any portion of its property is not
utilized, is underutilized, or is not being put to optimum use. With
regard to each property, the following actions shall be taken:
(i) When the property or a portion thereof is determined to be not
utilized, the executive agency shall:
(A) Initiate action to release the property; or
(B) Hold for a foreseeable future program use upon determination by
the head of the executive agency. Such determination shall be fully and
completely documented and the determination and documentation kept
available for GSA review (see 101-47.802(b)(3)(ii)(B)). If property of
this type which is being held for future use can be made available for
temporary use by others, the executive agency shall notify the
appropriate regional office of GSA before any permit or license for use
is issued to another Federal agency or before any out-lease is granted
by the executive agency. GSA will advise the executive agency whether
the property should be permitted to another Federal agency for temporary
use and will advise the executive agency the name of the Federal agency
to whom the permit shall be granted.
(ii) When the property is determined to be underutilized, the
executive agency shall:
(A) Limit the existing program to a reduced area and initiate action
to release the remainder; or
(B) Shift present use imposed on the property to another property so
that release action may be initiated for the property under review.
(iii) When, based on an indepth study and evaluation, it is
determined that the property is not being put to its optimum use, the
executive agency shall relocate the current program whenever a suitable
alternate site, necessary funding, and legislative authority are
available to accomplish that purpose. When the site, funding, or
legislative authority are not available, a special report shall be made
to the appropriate regional office of GSA for its consideration in
obtaining possible assistance in accomplishing relocation.
(b) GSA Survey. Pursuant to section 2 of Executive Order 12512, GSA
will conduct, on a continuing basis, surveys of real property holdings
of all Executive agencies to identify properties which, in the judgment
of the Administrator of General Services, are not utilized, are
underutilized, or are not being put to their optimum use.
(1) GSA surveys of the real property holdings of executive agencies
will be conducted by officials of the GSA Central Office and/or regional
offices of GSA for the property within the geographical area of each
region.
(i) The head of the field office of the agency having accountability
for the facility will be notified in advance of a scheduled GSA survey
and furnished at that time with copies of these regulations.
(ii) The head of that field office shall arrange for an appropriate
official of the executive agency having necessary authority, and who is
sufficiently knowledgeable concerning the property and current and
future program uses of the property, to be available to assist the GSA
representative in his survey.
(2) (Reserved)
(3) To facilitate the GSA survey, executive agencies shall:
(i) Cooperate fully with GSA in its conduct of the surveys; and
(ii) Make available to the GSA survey representative records and
information pertinent to the description and to the current and proposed
use of the property such as:
(A) Brief description of facilities (number of acres, buildings, and
supporting facilities);
(B) The most recent utilization report or analysis made of the
property including the written record of the annual review made by the
agency, pursuant to 101-47.802(a), together with any supporting
documents;
(C) Detail maps which show property boundaries, major land uses,
improvements, safety zones, proposed uses, and regulations or other
authorizations that sanction the usage made or proposed for individual
parcels or the entire property; drawings; and layout plans.
(4) Upon receipt of notification of the pending GSA survey, the
executive agency shall initiate action immediately to provide the GSA
representative with an escort into classified or sensitive areas or to
inform that representative of steps that must be taken to obtain
necessary special security clearances or both.
(5) Upon completion of the field work for the survey:
(i) The GSA representative will so inform the executive agency
designated pursuant to 101-47.802(b)(1). To avoid any possibility of
misunderstanding or premature publicity, conclusions and recommendations
will not be discussed with this official. However, survey teams should
discuss the facts they have obtained with local officials at the end of
the survey to ensure that all information necessary to conduct a
complete survey is obtained. The GSA representative will evaluate and
incorporate the results of the field work into a survey report and
forward the survey report to the GSA Central Office.
(ii) The GSA Central Office will notify the head of the Executive
agency or his designee, in writing, of the survey findings and/or
recommendations. A copy of the survey report will be enclosed when a
recommendation is made that some or all of the real property should be
reported excess, and the comments of the Executive agency will be
requested thereon. The Executive agency will be afforded 45 calendar
days from the date of the notice in which to submit such comments. If
the case is resolved, GSA Central Office will notify the head of the
Executive agency or his designee, in writing, of the resolution, and the
case will be completed at such time as the agency completes all resolved
excess and/or disposal actions. The agency will be afforded a period of
90 calendar days from the date of the notice to complete such actions.
(iii)-(iv) (Reserved)
(v) If the case is not resolved, the GSA Central Office will request
assistance of the Executive Office of the President to obtain
resolution.
(35 FR 5261, Mar. 28, 1970, as amended at 36 FR 7215, Apr. 16, 1971;
37 FR 5030, Mar. 9, 1972; 42 FR 40698, Aug. 11, 1977; 48 FR 25200,
June 6, 1983; 51 FR 194, Jan. 3, 1986)
41 CFR 101-47.802 Subpart 101-47.9 -- Delegations
Source: 56 FR 23794, 23795, May 24, 1991, unless otherwise noted.
41 CFR 101-47.901 Definitions.
Applicant means any representative of the homeless which has
submitted an application to the Department of Health and Human Services
to obtain use of a particular suitable property to assist the homeless.
Checklist or property checklist means the form developed by HUD for
use by landholding agencies to report the information to be used by HUD
in making determinations of suitability.
Classification means a property's designation as unutilized,
underutilized, excess, or surplus.
Day means one calendar day including weekends and holidays.
Eligible organization means a State, unit of local government or a
private non-profit organization which provides assistance to the
homeless, and which is authorized by its charter or by State law to
enter into an agreement with the Federal government for use of real
property for the purposes of this subpart. Representatives of the
homeless interested in receiving a deed for a particular piece of
surplus Federal property must be section 501(c)(3) tax exempt.
Excess property means any property under the control of any Federal
executive agency that is not required for the agency's needs or the
discharge of its responsibilities, as determined by the head of the
agency pursuant to 40 U.S.C. 483.
GSA means the General Services Administration.
HHS means the Department of Health and Human Services.
Homeless means:
(1) An individual or family that lacks a fixed, regular, and adequate
nighttime residence; and
(2) An individual or family that has a primary nighttime residence
that is:
(i) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings. This term does
not include any individual imprisoned or otherwise detained under an Act
of the Congress or a State law.
HUD means the Department of Housing and Urban Development.
ICH means the Interagency Council on the Homeless.
Landholding agency means a Federal department or agency with
statutory authority to control real property.
Lease means an agreement between either the Department of Health and
Human Services for surplus property, or landholding agencies in the case
of non-excess properties or properties subject to the Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687), and the
applicant, giving rise to the relationship of lessor and lessee for the
use of Federal real property for a term of at least one year under the
conditions set forth in the lease document.
Non-profit organization means an organization no part of the net
earnings of which inures to the benefit of any member, founder,
contributor, or individual; that has a voluntary board; that has an
accounting system or has designated an entity that will maintain a
functioning accounting system for the organization in accordance with
generally accepted accounting procedures; and that practices
nondiscrimination in the provision of assistance.
Permit means a license granted by a landholding agency to use
unutilized or underutilized property for a specific amount of time under
terms and conditions determined by the landholding agency.
Property means real property consisting of vacant land or buildings,
or a portion thereof, that is excess, surplus, or designated as
unutilized or underutilized in surveys by the heads of landholding
agencies conducted pursuant to section 202(b)(2) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 483(b)(2).)
Regional Homeless Coordinator means a regional coordinator of the
Interagency Council on the Homeless.
Representative of the Homeless means a State or local government
agency, or private nonprofit organization which provides, or proposes to
provide, services to the homeless.
Screen means the process by which GSA surveys Federal agencies, or
State, local and non-profit entities, to determine if any such entity
has an interest in using excess Federal property to carry out a
particular agency mission or a specific public use.
State Homeless Coordinator means a state contact person designated by
a state to receive and disseminate information and communications
received from the Interagency Council on the Homeless in accordance with
section 210(a) of the Stewart B. McKinney Act of 1987, as amended.
Suitable property means that HUD has determined that a particular
property satisfies the criteria listed in 101-47.906.
Surplus property means any excess real property not required by any
Federal landholding agency for its needs or the discharge of its
responsibilities, as determined by the Administrator of GSA.
Underutilized means an entire property or portion thereof, with or
without improvements which is used only at irregular periods or
intermittently by the accountable landholding agency for current program
purposes of that agency, or which is used for current program purposes
that can be satisfied with only a portion of the property.
Unsuitable property means that HUD has determined that a particular
property does not satisfy the criteria in 101-47.906.
Unutilized property means an entire property or portion thereof, with
or without improvements, not occupied for current program purposes for
the accountable executive agency or occupied in caretaker status only.
41 CFR 101-47.902 Applicability.
(a) This part applies to Federal real property which has been
designated by Federal landholding agencies as unutilized, underutilized,
excess or surplus and is therefore subject to the provisions of title V
of the McKinney Act (42 U.S.C. 11411).
(b) The following categories of properties are not subject to this
subpart (regardless of whether they may be unutilized or underutilized).
(1) Machinery and equipment.
(2) Government-owned, contractor-operated machinery, equipment, land,
and other facilities reported excess for sale only to the using
contractor and subject to a continuing military requirement.
(3) Properties subject to special legislation directing a particular
action.
(4) Properties subject to a Court Order.
(5) Property not subject to survey requirements of Executive Order
12512 (April 29, 1985).
(6) Mineral rights interests.
(7) Air Space interests.
(8) Indian Reservation land subject to section 202(a)(2) of the
Federal Property and Administrative Service Act of 1949, as amended.
(9) Property interests subject to reversion.
(10) Easements.
(11) Property purchased in whole or in part with Federal funds if
title to the property is not held by a Federal landholding agency as
defined in this part.
41 CFR 101-47.903 Collecting the information.
(a) Canvass of landholding agencies. On a quarterly basis, HUD will
canvass landholding agencies to collect information about property
described as unutilized, underutilized, excess, or surplus, in surveys
conducted by the agencies under section 202 of the Federal Property and
Administrative Services Act (40 U.S.C. 483), Executive Order 12512, and
41 CFR part 101-47.800. Each canvass will collect information on
properties not previously reported and about property reported
previously the status or classification of which has changed or for
which any of the information reported on the property checklist has
changed.
(1) HUD will request descriptive information on properties sufficient
to make a reasonable determination, under the criteria described below,
of the suitability of a property for use as a facility to assist the
homeless.
(2) HUD will direct landholding agencies to respond to requests for
information within 25 days of receipt of such requests.
(b) Agency annual report. By December 31 of each year, each
landholding agency must notify HUD regarding the current availability
status and classification of each property controlled by the agency
that:
(1) Was included in a list of suitable properties published that year
by HUD, and
(2) Remains available for application for use to assist the homeless,
or has become available for application during that year.
(c) GSA inventory. HUD will collect information, in the same manner
as described in paragraph (a) of this section, from GSA regarding
property that is in GSA's current inventory of excess or surplus
property.
(d) Change in status. If the information provided on the property
checklist changes subsequent to HUD's determination of suitability, and
the property remains unutilized, underutilized, excess or surplus, the
landholding agency shall submit a revised property checklist in response
to the next quarterly canvass. HUD will make a new determination of
suitability and, if it differs from the previous determination,
republish the property information in the Federal Register. For
example, property determined unsuitable for national security concerns
may no longer be subject to security restrictions, or property
determined suitable may subsequently be found to be contaminated.
Effective Date Note: Section 101-47.903 will not become effective
until approved by the District Court for the District of Columbia
pending further proceedings in the case National Law Center on
Homelessness and Poverty v. Dept. of Veterans Affairs, No. 88-2503-OG
(Dec. 12, 1988). (See 56 FR 23789, 23794 and, 23795, May 24, 1991. The
General Services Administration will publish a document in the Federal
Register at a later date, announcing the effective date.
41 CFR 101-47.904 Suitability determination.
(a) Suitability determination. Within 30 days after the receipt of
information from landholding agencies regarding properties which were
reported pursuant to the canvass described in 101-47.903(a), HUD will
determine, under criteria set forth in 101-47.906, which properties are
suitable for use as facilities to assist the homeless and report its
determination to the landholding agency. Properties that are under
lease, contract, license, or agreement by which a Federal agency retains
a real property interest or which are scheduled to become unutilized or
underutilized will be reviewed for suitability no earlier than six
months prior to the expected date when the property will become
unutilized or underutilized, except that properties subject to the Base
Closure and Realignment Act may be reviewed up to eighteen months prior
to the expected date when the property will become unutilized or
underutilized.
(b) Scope of suitability. HUD will determine the suitability of a
property for use as a facility to assist the homeless without regard to
any particular use.
(c) Environmental information. HUD will evaluate the environmental
information contained in property checklists forwarded to HUD by the
landholding agencies solely for the purpose of determining suitability
of properties under the criteria in 101-47.906.
(d) Written record of suitability determination. HUD will assign an
identification number to each property reviewed for suitability. HUD
will maintain a written public record of the following:
(1) The suitability determination for a particular piece of property,
and the reasons for that determination; and
(2) The landholding agency's response to the determination pursuant
to the requirements of 101-47.907(a).
(e) Property determined unsuitable. Property that is reviewed by HUD
under this section and that is determined unsuitable for use to assist
the homeless may not be made available for any other purpose for 20 days
after publication in the Federal Register of a Notice of unsuitability
to allow for review of the determination at the request of a
representative of the homeless.
(f) Procedures for appealing unsuitability determinations. (1) To
request review of a determination of unsuitability, a representative of
the homeless must contact HUD within 20 days of publication of notice in
the Federal Register that a property is unsuitable. Requests may be
submitted to HUD in writing or by calling 1-800-927-7588 (Toll Free).
Written requests must be received no later than 20 days after notice of
unsuitability is published in the Federal Register.
(2) Requests for review of a determination of unsuitability may be
made only by representatives of the homeless, as defined in 101-47.901.
(3) The request for review must specify the grounds on which it is
based, i.e., that HUD has improperly applied the criteria or that HUD
has relied on incorrect or incomplete information in making the
determination (e.g., that property is in a floodplain but not in a
floodway).
(4) Upon receipt of a request to review a determination of
unsuitability, HUD will notify the landholding agency that such a
request has been made, request that the agency respond with any
information pertinent to the review, and advise the agency that it
should refrain from initiating disposal procedures until HUD has
completed its reconsideration regarding unsuitability.
(i) HUD will act on all requests for review within 30 days of receipt
of the landholding agency's response and will notify the representative
of the homeless and the landholding agency in writing of its decision.
(ii) If a property is determined suitable as a result of the review,
HUD will request the landholding agency's determination of availability
pursuant to 101-47.907(a), upon receipt of which HUD will promptly
publish the determination in the Federal Register. If the determination
of unsuitability stands, HUD will inform the representative of the
homeless of its decision.
41 CFR 101-47.905 Real property reported excess to GSA.
(a) Each landholding agency must submit a report to GSA of properties
it determines excess. Each landholding agency must also provide a copy
of HUD's suitability determination, if any, including HUD's
identification number for the property.
(b) If a landholding agency reports a property to GSA which has been
reviewed by HUD for homeless assistance suitability and HUD determined
the property suitable, GSA will screen the property pursuant to
101-47.905(g) and will advise HUD of the availability of the property
for use by the homeless as provided in 101-47.905(e). In lieu of the
above, GSA may submit a new checklist to HUD and follow the procedures
in 101-47.905(c) through 101-47.905(g).
(c) If a landholding agency reports a property to GSA which has not
been reviewed by HUD for homeless assistance suitability, GSA will
complete a property checklist, based on information provided by the
landholding agency, and will forward this checklist to HUD for a
suitability determination. This checklist will reflect any change in
classification, i.e., from unutilized or underutilized to excess.
(d) Within 30 days after GSA's submission, HUD will advise GSA of the
suitability determination.
(e) When GSA receives a letter from HUD listing suitable excess
properties in GSA's inventory, GSA will transmit to HUD within 45 days a
response which includes the following for each identified property:
(1) A statement that there is no other compelling Federal need for
the property, and therefore, the property will be determined surplus;
or
(2) A statement that there is further and compelling Federal need for
the property (including a full explanation of such need) and that,
therefore, the property is not presently available for use to assist the
homeless.
(f) When an excess property is determined suitable and available and
notice is published in the Federal Register, GSA will concurrently
notify HHS, HUD, State and local government units, known homeless
assistance providers that have expressed interest in the particular
property, and other organizations, as appropriate, concerning suitable
properties.
(g) Upon submission of a Report of Excess to GSA, GSA may screen the
property for Federal use. In addition, GSA may screen State and local
governmental units and eligible nonprofit organizations to determine
interest in the property in accordance with current regulations. (See
41 CFR 101-47.203-5, 101-47.204-1 and 101-47.303-2.)
(h) The landholding agency will retain custody and accountability and
will protect and maintain any property which is reported excess to GSA
as provided in 41 CFR 101-47.402.
41 CFR 101-47.906 Suitability criteria.
(a) All properties, buildings and land will be determined suitable
unless a property's characteristics include one or more of the following
conditions:
(1) National security concerns. A property located in an area to
which the general public is denied access in the interest of national
security (e.g., where a special pass or security clearance is a
condition of entry to the property) will be determined unsuitable.
Where alternative access can be provided for the public without
compromising national security, the property will not be determined
unsuitable on this basis.
(2) Property containing flammable or explosive materials. A property
located within 2000 feet of an industrial, commercial or Federal
facility handling flammable or explosive material (excluding underground
storage) will be determined unsuitable. Above ground containers with a
capacity of 100 gallons or less, or larger containers which provide the
heating or power source for the property, and which meet local safety,
operation, and permitting standards, will not affect whether a
particular property is determined suitable or unsuitable. Underground
storage, gasoline stations and tank trucks are not included in this
category and their presence will not be the basis of an unsuitability
determination unless there is evidence of a threat to personal safety as
provided in paragraph (a)(5) of this section.
(3) Runway clear zone and military airfield clear zone. A property
located within an airport runway clear zone or military airfield clear
zone will be determined unsuitable.
(4) Floodway. A property located in the floodway of a 100 year
floodplain will be determined unsuitable. If the floodway has been
contained or corrected, or if only an incidental portion of the property
not affecting the use of the remainder of the property is in the
floodway, the property will not be determined unsuitable.
(5) Documented deficiencies. A property with a documented and
extensive condition(s) that represents a clear threat to personal
physical safety will be determined unsuitable. Such conditions may
include, but are not limited to, contamination, structural damage or
extensive deterioration, friable asbestos, PCB's, or natural hazardous
substances such as radon, periodic flooding, sinkholes or earth slides.
(6) Inaccessible. A property that is inaccessible will be determined
unsuitable. An inaccessible property is one that is not accessible by
road (including property on small off-shore islands) or is land locked
(e.g., can be reached only by crossing private property and there is no
established right or means of entry).
41 CFR 101-47.907 Determination of availability.
(a) Within 45 days after receipt of a letter from HUD pursuant to
101-47.904(a), each landholding agency must transmit to HUD a statement
of one of the following:
(1) In the case of unutilized or underutilized property:
(i) An intention to declare the property excess,
(ii) An intention to make the property available for use to assist
the homeless, or
(iii) The reasons why the property cannot be declared excess or made
available for use to assist the homeless. The reasons given must be
different than those listed as suitability criteria in 101-47.906.
(2) In the case of excess property which had previously been reported
to GSA:
(i) A statement that there is no compelling Federal need for the
property, and that, therefore, the property will be determined surplus;
or
(ii) A statement that there is a further and compelling Federal need
for the property (including a full explanation of such need) and that,
therefore, the property is not presently available for use to assist the
homeless.
41 CFR 101-47.908 Public notice of determination.
(a) No later than 15 days after the last 45 day period has elapsed
for receiving responses from the landholding agencies regarding
availability, HUD will publish in the Federal Register a list of all
properties reviewed, including a description of the property, its
address, and classification. The following designations will be made:
(1) Properties that are suitable and available.
(2) Properties that are suitable and unavailable.
(3) Properties that are suitable and to be declared excess.
(4) Properties that are unsuitable.
(b) Information about specific properties can be obtained by
contacting HUD at the following toll free number, 1-800-927-7588.
(c) HUD will transmit to the ICH a copy of the list of all properties
published in the Federal Register. The ICH will immediately distribute
to all state and regional homeless coordinators area-relevant portions
of the list. The ICH will encourage the state and regional homeless
coordinators to disseminate this information widely.
(d) No later than February 15 of each year, HUD shall publish in the
Federal Register a list of all properties reported pursuant to
101-47.903(b).
(e) HUD shall publish an annual list of properties determined
suitable but which agencies reported unavailable including the reasons
such properties are not available.
(f) Copies of the lists published in the Federal Register will be
available for review by the public in the HUD headquarters building
library (room 8141); area-relevant portions of the lists will be
available in the HUD regional offices and in major field offices.
41 CFR 101-47.909 Application process.
(OMB approval number 09370191)
(a) Holding period. (1) Properties published as available for
application for use to assist the homeless shall not be available for
any other purpose for a period of 60 days beginning on the date of
publication. Any representative of the homeless interested in any
underutilized, unutilized, excess or surplus Federal property for use as
a facility to assist the homeless must send to HHS a written expression
of interest in that property within 60 days after the property has been
published in the Federal Register.
(2) If a written expression of interest to apply for suitable
property for use to assist the homeless is received by HHS within the 60
day holding period, such property may not be made available for any
other purpose until the date HHS or the appropriate landholding agency
has completed action on the application submitted pursuant to that
expression of interest.
(3) The expression of interest should identify the specific property,
briefly describe the proposed use, include the name of the organization,
and indicate whether it is a public body or a private non-profit
organization. The expression of interest must be sent to the Division
of Health Facilities Planning (DHFP) of the Department of Health and
Human Services at the following address:
Director, Division of Health Facilities Planning, Public Health
Service, room 17A-10, Parklawn Building, 5600 Fishers Lane, Rockville,
Maryland 20857.
HHS will notify the landholding agency (for unutilized and
underutilized properties) or GSA (for excess and surplus properties)
when an expression of interest has been received for a particular
property.
(4) An expression of interest may be sent to HHS any time after the
60 day holding period has expired. In such a case, an application
submitted pursuant to this expression of interest may be approved for
use by the homeless if:
(i) No application or written expression of interest has been made
under any law for use of the property for any purpose; and
(ii) In the case of excess or surplus property, GSA has not received
a bona fide offer to purchase that property or advertised for the sale
of the property by public auction.
(b) Application requirements. Upon receipt of an expression of
interest, DHFP will send an application packet to the interested entity.
The application packet requires the applicant to provide certain
information, including the following --
(1) Description of the applicant organization. The applicant must
document that it satisfies the definition of a ''representative of the
homeless,'' as specified in 101-47.901 of this subpart. The applicant
must document its authority to hold real property. Private non-profit
organizations applying for deeds must document that they are section
501(c)(3) tax-exempt.
(2) Description of the property desired. The applicant must describe
the property desired and indicate that any modifications made to the
property will conform to local use restrictions except for local zoning
regulations.
(3) Description of the proposed program. The applicant must fully
describe the proposed program and demonstrate how the program will
address the needs of the homeless population to be assisted. The
applicant must fully describe what modifications will be made to the
property before the program becomes operational.
(4) Ability to finance and operate the proposed program. The
applicant must specifically describe all anticipated costs and sources
of funding for the proposed program. The applicant must indicate that
it can assume care, custody, and maintenance of the property and that it
has the necessary funds or the ability to obtain such funds to carry out
the approved program of use for the property.
(5) Compliance with non-discrimination requirements. Each applicant
and lessee under this part must certify in writing that it will comply
with the requirements of the Fair Housing Act (42 U.S.C. 3601-3619) and
implementing regulations; and as applicable, Executive Order 11063
(Equal Opportunity in Housing) and implementing regulations; title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4)
(Nondiscrimination in Federally Assisted Programs) and implementing
regulations; the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and
implementing regulations; and the prohibitions against otherwise
qualified individuals with handicaps under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations.
The applicant must state that it will not discriminate on the basis of
race, color, national origin, religion, sex, age, familial status, or
handicap in the use of the property, and will maintain the required
records to demonstrate compliance with Federal laws.
(6) Insurance. The applicant must certify that it will insure the
property against loss, damage, or destruction in accordance with the
requirements of 45 CFR 12.9.
(7) Historic preservation. Where applicable, the applicant must
provide information that will enable HHS to comply with Federal historic
preservation requirements.
(8) Environmental information. The applicant must provide sufficient
information to allow HHS to analyze the potential impact of the
applicant's proposal on the environment, in accordance with the
instructions provided with the application packet. HHS will assist
applicants in obtaining any pertinent environmental information in the
possession of HUD, GSA, or the landholding agency.
(9) Local government notification. The applicant must indicate that
it has informed the applicable unit of general local government
responsible for providing sewer, water, police, and fire services, in
writing of its proposed program.
(10) Zoning and local use restrictions. The applicant must indicate
that it will comply with all local use restrictions, including local
building code requirements. Any applicant which applies for a lease or
permit for a particular property is not required to comply with local
zoning requirements. Any applicant applying for a deed of a particular
property, pursuant to 101-47.90 9(b)(3), must comply with local zoning
requirements, as specified in 45 CFR part 12.
(c) Scope of evaluations. Due to the short time frame imposed for
evaluating applications, HHS' evaluation will, generally, be limited to
the information contained in the application.
(d) Deadline. Completed applications must be received by DHFP, at
the above address, within 90 days after an expression of interest is
received from a particular applicant for that property. Upon written
request from the applicant, HHS may grant extensions, provided that the
appropriate landholding agency concurs with the extension. Because each
applicant will have a different deadline based on the date the applicant
submitted an expression of interest, applicants should contact the
individual landholding agency to confirm that a particular property
remains available prior to submitting an application.
(e) Evaluations. (1) Upon receipt of an application, HHS will review
it for completeness, and, if incomplete, may return it or ask the
applicant to furnish any missing or additional required information
prior to final evaluation of the application.
(2) HHS will evaluate each completed application within 25 days of
receipt and will promptly advise the applicant of its decision.
Applications are evaluated on a first-come, first-serve basis. HHS will
notify all organizations which have submitted expressions of interest
for a particular property regarding whether the first application
received for that property has been approved or disapproved. All
applications will be reviewed on the basis of the following elements,
which are listed in descending order of priority, except that paragraphs
(e)(2)(iv) and (e)(2)(v) of this section are of equal importance.
(i) Services offered. The extent and range of proposed services,
such as meals, shelter, job training, and counseling.
(ii) Need. The demand for the program and the degree to which the
available property will be fully utilized.
(iii) Implementation time. The amount of time necessary for the
proposed program to become operational.
(iv) Experience. Demonstrated prior success in operating similar
programs and recommendations attesting to that fact by Federal, State,
and local authorities.
(v) Financial ability. The adequacy of funding that will likely be
available to run the program fully and properly and to operate the
facility.
(3) Additional evaluation factors may be added as deemed necessary by
HHS. If additional factors are added, the application packet will be
revised to include a description of these additional factors.
(4) If HHS receives one or more competing applications for a property
within 5 days of the first application HHS will evaluate all completed
applications simultaneously. HHS will rank approved applications based
on the elements listed in 101-47.908(e)(2), and notify the landholding
agency, or GSA, as appropriate, of the relative ranks.
41 CFR 101-47.910 Action on approved applications.
(a) Unutilized and underutilized properties. (1) When HHS approves
an application, it will so notify the applicant and forward a copy of
the application to the landholding agency. The landholding agency will
execute the lease, or permit document, as appropriate, in consultation
with the applicant.
(2) The landholding agency maintains the discretion to decide the
following:
(i) The length of time the property will be available. (Leases and
permits will be for a period of at least one year unless the applicant
requests a shorter term.)
(ii) Whether to grant use of the property via a lease or permit;
(iii) The terms and conditions of the lease or permit document.
(b) Excess and surplus properties. (1) When HHS approves an
application, it will so notify the applicant and request that GSA assign
the property to HHS for leasing. Upon receipt of the assignment, HHS
will execute a lease in accordance with the procedures and requirements
set out in 45 CFR part 12. In accordance with 41 CFR 101-47.402,
custody and accountability of the property will remain throughout the
lease term with the agency which initially reported the property as
excess.
(2) Prior to assignment to HHS, GSA may consider other Federal uses
and other important national needs; however, in deciding the
disposition of surplus real property, GSA will generally give priority
of consideration to uses to assist the homeless. GSA may consider any
competing request for the property made under section 203(k) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(k)) that is so meritorious and compelling that it outweighs the
needs of the homeless, and HHS may likewise consider any competing
request made under subsection 203(k)(1) of that law.
(3) Whenever GSA or HHS decides in favor of a competing request over
a request for property for homeless assistance use as provided in
paragraph (b)(2) of this section, the agency making the decision will
transmit to the appropriate committees of the Congress an explanatory
statement which details the need satisfied by conveyance of the surplus
property, and the reasons for determining that such need was so
meritorious and compelling as to outweigh the needs of the homeless.
(4) Deeds. Surplus property may be conveyed to representatives of
the homeless pursuant to section 203(k) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(k)(1), and section
501(f) of the McKinney Act as amended, 42 U.S.C. 11411. Representatives
of the homeless must complete the application packet pursuant to the
requirements of 101-47.909 of this part and in accordance with the
requirements of 45 CFR part 12.
(c) Completion of lease term and reversion of title. Lessees and
grantees will be responsible for the protection and maintenance of the
property during the time that they possess the property. Upon
termination of the lease term or reversion of title to the Federal
government, the lessee or grantee will be responsible for removing any
improvements made to the property and will be responsible for
restoration of the property. If such improvements are not removed, they
will become the property of the Federal government. GSA or the
landholding agency, as appropriate, will assume responsibility for
protection and maintenance of a property when the lease terminates or
title reverts.
41 CFR 101-47.911 Unsuitable Properties.
The landholding agency will defer, for 20 days after the date that
notice of a property is published in the Federal Register, action to
dispose of properties determined unsuitable for homeless assistance.
HUD will inform landholding agencies or GSA if appeal of an
unsuitability determination is filed by a representative of the homeless
pursuant to 101-47.904(f)(4). HUD will advise the agency that it should
refrain from initiating disposal procedures until HUD has completed its
reconsideration process regarding unsuitability. Thereafter, or if no
appeal has been filed after 20 days, GSA or the appropriate landholding
agency may proceed with disposal action in accordance with applicable
law.
41 CFR 101-47.912 No applications approved.
(a) At the end of the 60 day holding period described in
101-47.909(a), HHS will notify GSA, or the landholding agency, as
appropriate, if an expression of interest has been received for a
particular property. Where there is no expression of interest, GSA or
the landholding agency, as appropriate, will proceed with disposal in
accordance with applicable law.
(b) Upon advice from HHS that all applications have been disapproved,
or if no completed applications or requests for extensions have been
received by HHS within 90 days from the date of the last expression of
interest, disposal may proceed in accordance with applicable law.
41 CFR 101-47.912 Subparts 101-47.10 -- 101-47.48 (Reserved)
41 CFR 101-47.912 Subpart 101-47.49 -- Illustrations
41 CFR 101-47.4900 Scope of subpart.
This subpart sets forth certain forms and illustrations referred to
previously in this part. Agency field offices should obtain the GSA
forms prescribed in this subpart by submitting their future requirements
to their Washington headquarters office which will forward consolidated
annual requirements to the General Services Administration (BRAF),
Washington, DC 20405. Standard forms should be obtained from the
nearest GSA supply distribution facility.
(40 FR 12080, Mar. 17, 1975)
101-47.4901 (Reserved)
101-47.4902 Standard Form 118, Report of Excess Real Property.
101-47.4902-1 Standard Form 118a, Buildings, Structures, Utilities,
and Miscellaneous Facilities.
101-47.4902-2 Standard Form 118b, Land.
101-47.4902-3 Standard Form 118c, Related Personal Property.
101-47.4902-4 Instructions for the preparation of Standard Form 118,
and Attachments, Standard Forms 118a, 118b, and 118c.
41 CFR 101-47.4904 GSA Form 1334, Request for Transfer of Excess Real
and Related Personal Property.
Note: The illustrations in 101-47.4904 are filed as part of the
original document and do not appear in the Federal Register or the Code
of Federal Regulations.
(42 FR 40698, Aug. 11, 1977)
41 CFR 101-47.4904-1 Instructions for preparation of GSA Form 1334,
Request for Transfer of Excess Real and Related Personal Property.
Note: The illustrations in 101-47.4904-1 are filed as part of the
original document and do not appear in the Federal Register or the Code
of Federal Regulations.
(42 FR 40698, Aug. 11, 1977)
41 CFR 101-47.4905 Extract of statutes authorizing disposal of surplus
real property to public agencies.
(40 FR 22258, May 22, 1975)
41 CFR 101-47.4906 Sample notice to public agencies of surplus
determination.
--
(Date)
--
(Name of property)
--
(Location)
Notice is hereby given that the
--
(Name of property),
--
(Location), has been determined to be surplus Government property.
The property consists of XXXXXX acres of fee land more or less and a
XXXXXX easement, together with XXXXXXXXXXXXXXXXXXXX.
This property is surplus property available for disposal under the
provisions of the Federal Property and Administrative Services Act of
1949, as amended (40 U.S.C. 471 et seq.) and applicable regulations.
The applicable regulations provide that public agencies (non-Federal)
shall be allowed a reasonable period of time to submit a formal
application for surplus real property in which they may be interested.
Disposal of this property, or portions thereof, may be made to public
agencies for the public uses stated below whenever the Government
determines that the property is available for such uses and that
disposal thereof is authorized by the statutes cited and applicable
regulations: /1/
If any public agency desires to acquire the property under the cited
statutes, notice thereof in writing must be filed with
--
(Name of disposal agency),
--
(Address, before)
--
(Date). /2/ Such notice shall:
(a) Disclose the contemplated use of the property;
(b) Contain a citation of the applicable statute or statutes under
which the public agency desires to procure the property;
(c) Disclose the nature of the interest if an interest less than fee
title to the property is contemplated;
(d) State the length of time required to develop and submit a formal
application for the property (Where a payment to the Government is
required under the statute, include a statement as to whether funds are
available and, if not, the period required to obtain funds); and
(e) Give the reason for the time required to develop and submit a
formal application.
Any planning for a public health use of property sought to be
acquired subject to a public benefit allowance must be coordinated with
the Department of Health and Human Services
(Address of appropriate office)
An application form to acquire property for a public health
requirement and instructions for the preparation and submission of an
application may be obtained from that office. /3/
Any planning for an educational use of property sought to be acquired
subject to a public benefit allowance must be coordinated with the
Department of Education.
(Address of appropriate office)
An application form to acquire property for an educational use and
instructions for the preparation and submission of an application may be
obtained from that office. /4/
Any planning for a public park or recreation area of property sought
to be acquired subject to a public benefit allowance must be coordinated
with the Department of the Interior.
(Address of appropriate office)
An application form to acquire property for a public park or
recreation area requirement and instructions for the preparation and
submission of an application may be obtained from that office. /5/
Application forms or instructions to acquire property for all other
public use requirements may be obtained from
(Name of disposal agency),
(Address).
Upon receipt of such written notices, the public agency shall be
promptly informed concerning the period of time that will be allowed for
submission of a formal application. In the absence of such written
notice, or in the event a public use proposal is not approved, the
regulations issued pursuant to authority contained in the Federal
Property and Administrative Services Act of 1949 provide for offering
the property for sale.
(52 FR 9830, Mar. 27, 1987)
/1/ List only the statutes (showing type of disposal) applicable to
disposal to public bodies of the property determined to be surplus.
/2/ This date shall be 20 calendar days after the date of this
notice.
/3/ Delete this paragraph wherever property is not available for
transfer for a public health use.
/4/ Delete this paragraph wherever property is not available for
transfer for an educational use.
/5/ Delete this paragraph wherever property is not available for
transfer for a public park or recreation area.
41 CFR 101-47.4906a Attachment to notice sent to zoning authority.
Sec. 803
(a) Whenever the Administrator contemplates the disposal for or on
behalf of any Federal agency of any real property situated within an
urban area, he shall, prior to offering such land for sale, give
reasonable notice to the head of the governing body of the unit of
general local govenrment having jurisdiction over zoning and land-use
regulation in the geographical area within which the land or lands are
located in order to afford the government the opportunity of zoning for
the use of such land in accordance with local comprehensive planning.
(b) The Administrator, to the greatest practicable extent, shall
furnish to all prospective purchasers of such real property, full and
complete information concerning:
(1) Current zoning regulations and prospective zoning requirements
and objectives for such property when it is unzoned: and
(2) Current availability to such property of streets, sidewalks,
sewers, water, street lights, and other service facilities and
prospective availability of such services if such property is included
in comprehensive planning.
(34 FR 11210, July 3, 1969)
41 CFR 101-47.4906b Paragraph to be added to letter sent to zoning
authority.
As the head of the governing body of the unit of general local
government having jurisdiction over zoning and land-use regulations in
the geographical area within which this surplus property is located, you
also may be interested in section 803 of the Federal Property and
Administrative Services Act of 1949, as amended, 82 Stat. 1105, a copy
of which is attached for ready reference. It is requested that the
information contemplated by section 803(b) be forwarded this office
within the same 20-calendar-day period prescribed in the attached notice
of surplus determination for the advising of a desire to acquire the
property. If the property is unzoned and you desire the opportunity to
accomplish such zoning in accordance with local comprehensive planning
pursuant to section 803(a), please so advise us in writing within the
same time frame and let us know the time you will require for the
promulgation of such zoning regulations. We will not delay sale of the
property pending such zoning for more than 50 days from the date of this
notice. However, if you will not be able to accomplish the desired
zoning before the property is placed on sale, we will advise prospective
purchasers of the pending zoning in process.
(34 FR 11210, July 3, 1969)
41 CFR 101-47.4906-1 Sample letter for transmission of notice of
surplus determination.
----------------------------
(Date)
---------------------------- ----------------------------
----------------------------
(Addressee)
Dear ---------------------------- :
The former ------------------------ (Name of property),
------------------------ (Location) has been determined to be surplus
Government property and available for disposal.
Included in the attached notice are a description of the property and
procedural instructions to be followed if any public agency desires to
submit an application for the property. Please note particularly the
name and address given for filing written notice if any public agency
desires to submit such an application, the time limitation within which
written notice must be filed, and the required content of such notice.
Additional instructions are provided for the submission of comments
regarding any incompatibility of the disposal with any public agency's
development plans and programs.
In order to ensure that all interested parties are informed of the
availability of this property, please post the additional copies of the
attached notice in appropriate conspicuous places. 1
A notice of surplus determination also is being mailed to
------------------------ (Other addressees).
Sincerely,
Attachment
(34 FR 11211, July 3, 1969, as amended at 35 FR 8487, June 2, 1970)
1Attach as many copies of the notice as may be anticipated will be
required for adequate posting.
41 CFR 101-47.4906-2 Sample letter to a state single point of contact.
(Date)
(Addressee)
Dear:
On July 14, 1982, the President issued Executive Order 12372,
''Intergovernmental Review of Federal Programs.'' This Executive order
provides for State and local government coordination and review of
certain proposed Federal programs and activities, including real
property disposal actions of the General Services Administration.
Enclosed is a notice of surplus determination that has been sent to
appropriate public bodies advising them of the availability of the
described real property for public purposes. Surplus Federal real
property which is not acquired for State or local governmental public
purposes is generally offered for sale to the general public by
competitive bidding procedures.
No final disposal action will be taken for 60 calendar days from the
date of this letter to allow for the receipt of any comments from your
office.
(52 FR 9831, Mar. 27, 1987)
41 CFR 101-47.4907 List of Federal real property holding agencies.
Note: The illustrations in 101-47.4907 are filed as part of the
original document and do not appear in the Federal Register or the Code
of Federal Regulations.
(40 FR 12080, Mar. 17, 1975)
41 CFR 101-47.4908 Excess profits covenant.
(a) This covenant shall run with the land for a period of 3 years
from the date of conveyance. With respect to the property described in
this deed, if at any time within a 3-year period from the date of
transfer of title by the Grantor, the Grantee, or its successors or
assigns, shall sell or enter into agreements to sell the property,
either in a single transaction or in a series of transactions, it is
covenanted and agreed that all proceeds received or to be received in
excess of the Grantee's or a subsequent seller's actual allowable costs
will be remitted to the Grantor. In the event of a sale of less than
the entire property, actual allowable costs will be apportioned to the
property based on a fair and reasonable determination by the Grantor.
(b) For purposes of this covenant, the Grantee's or a subsequent
seller's allowable costs shall include the following:
(1) The purchase price of the real property;
(2) The direct costs actually incurred and paid for improvements
which serve only the property, including road construction, storm and
sanitary sewer construction, other public facilities or utility
construction, building rehabilitation and demolition, landscaping,
grading, and other site or public improvements;
(3) The direct costs actually incurred and paid for design and
engineering services with respect to the improvements described in
(b)(2) of this section; and
(4) The finance charges actually incurred and paid in conjunction
with loans obtained to meet any of the allowable costs enumerated above.
(c) None of the allowable costs described in paragraph (b) of this
section will be deductible if defrayed by Federal grants or if used as
matching funds to secure Federal grants.
(d) In order to verify compliance with the terms and conditions of
this covenant, the Grantee, or its successors or assigns, shall submit
an annual report for each of the subsequent 3 years to the Grantor on
the anniversary date of this deed. Each report will identify the
property involved in this transaction and will contain such of the
following items of information as are applicable at the time of
submission:
(1) A description of each portion of the property that has been
resold;
(2) The sale price of each such resold portion;
(3) The identity of each purchaser;
(4) The proposed land use; and
(5) An enumeration of any allowable costs incurred and paid that
would offset any realized profit.
If no resale has been made, the report shall so state.
(e) The Grantor may monitor the property and inspect records related
thereto to ensure compliance with the terms and conditions of this
covenant and may take any actions which it deems reasonable and prudent
to recover any excess profits realized through the resale of the
property.
(51 FR 23760, July 1, 1986)
41 CFR 101-47.4909 Highest and best use.
(a) Highest and best use is the most likely use to which a property
can be put, so as to produce the highest monetary return from the
property, promote its maximum value, or serve a public or institutional
purpose. The highest and best use determination must be based on the
property's economic potential, qualitative values (social and
environmental) inherent in the property itself, and other utilization
factors controlling or directly affecting land use (e.g. zoning,
physical characteristics, private and public uses in the vicinity,
neighboring improvements, utility services, access, roads, location, and
environmental and historical considerations). Projected highest and
best use should not be remote, speculative, or conjectural.
(b) An analysis and determination of highest and best use is based on
information compiled from the property inspection and environmental
assessment. Major considerations include:
(1) Present zoning category (check one or more as appropriate).
Other (specify)
-- --
Category proposed
(2) Physical characteristics. (Describe land and improvements and
comment on property's physical characteristics including utility
services, access, environmental and historical aspects, and other
significant factors)
-- --
(3) Area/neighborhood uses (check one or more as appropriate).
Other (specify)
-- --
(4) Existing neighboring improvements (check one or more as
appropriate).
Vicinity improvements:
---- Dense ---- Moderate ---- Sparse ---- None
(5) Environmental factors/constraints adversely affecting the
marketability of the property (check one or more as appropriate).
Other (specify)
-- --
Comments on adverse conditions
-- --
(6) Former Government uses (check one or more as appropriate).
Specify other uses below, such as airport, health, education,
recreation and special military facilities --
--
(c) Determination of highest and best use (check one or more as
appropriate).
Other (include general public or governmental).
-- --
Remarks:
-- --
(d) Are significant costs required to make property conform to
highest and best use (i.e. demolition of existing improvements,
relocation of existing improvements, etc.)?
Remarks:
--
(e) Can a knowledgeable cost estimate be given in reference to
paragraph d above? (Enter figure).
(f) Is the property located adjacent to or inside the boundaries of a
State park, forest or recreational area?
Remarks
-- --
(49 FR 37091, Sept. 21, 1984)
41 CFR 101-47.4910 Field offices of Department of Health, Education,
and Welfare.
Note: The illustrations in 101-47.4910 are filed as part of the
original document and do not appear in the Federal Register or the Code
of Federal Regulations.
(40 FR 12080, Mar. 17, 1975)
41 CFR 101-47.4911 Outline for explanatory statements for negotiated
sales.
Note: The illustration listed in 101-47.4911 is filed as part of
the original document and does not appear in the Federal Register or the
Code of Federal Regulations.
(42 FR 31455, June 21, 1977)
41 CFR 101-47.4912 Regional offices of the Bureau of Outdoor
Recreation, Department of the Interior.
Address communications to: Regional Director, Bureau of Outdoor
Recreation, Department of the Interior.
(40 FR 22260, May 22, 1975)
41 CFR 101-47.4913 Outline for protection and maintenance of excess and
surplus real property.
A. General. In protecting and maintaining excess and surplus
properties, the adoption of the principle of ''calculated risk'' is
considered to be essential. In taking what is termed a ''calculated
risk,'' the expected losses and deteriorations in terms of realizable
values are anticipated to be less in the overall than expenditures to
minimize the risks. In determining the amount of protection to be
supplied under this procedure, a number of factors should be considered;
such as, the availability of, and the distance to, local, public, or
private protection facilities; the size and value of the facility;
general characteristics of structures; physical protection involving
fencing, number of gates, etc.; the location and availability of
communication facilities; and the amount and type of activity at the
facility. Conditions at the various excess and surplus properties are
so diverse that it is impracticable to establish a definite or fixed
formula for determining the extent of protection and maintenance that
should be applied. The standards or criteria set forth in B and C,
below, are furnished as a guide in making such determinations.
B. Protection Standards. The following standards are furnished as a
guide in determining the amount and limits of protection.
1. Properties not Requiring Protection Personnel. Fire protection or
security personnel are not needed at:
(a) Facilities where there are no structures or related personal
property;
(b) Facilities where the realizable or recoverable value of the
improvements and related personal property subject to loss is less than
the estimated cost of protection for a one-year period;
(c) Facilities of little value located within public fire and police
department limits, which can be locked or boarded up;
(d) Facilities where the major buildings are equipped with automatic
sprinklers, supervised by American District Telegraph Company or other
central station service, which do not contain large quantities of
readily removable personal property, and which are in an area patrolled
regularly by local police; and
(e) Facilities where agreements can be made with a lessee of a
portion of the property to protect the remaining portions at nominal, or
without additional cost.
2. Properties Requiring a Resident Custodian. A resident custodian
or guard only is required at facilities of the following classes:
(a) Facilities containing little removable personal property but
having a considerable number of buildings to be sold for off-site use
when (a) the buildings are of low realizable value and so spaced that
loss of more than a few buildings in a single fire is improbable, or (b)
the buildings are so located that water for firefighting purposes is
available and municipal or other fire department services will respond
promptly;
(b) Small, inactive industrial and commercial facilities which must
be kept open for inspection and which are so located that public fire
and police protection can be secured by telephone;
(c) Facilities where the highest and best use has been determined to
be salvage; and
(d) Facilities of little, or salvage, value but potentially dangerous
and attractive to children and curiosity seekers where the posting of
signs is not sufficient to protect the public.
3. Properties Requiring Continuous Guard Service. One guard on duty
at all times (a total of 5 guards required) is required at facilities of
high market value which are fenced; require only one open gate which
can be locked during patrols; all buildings of which can be locked;
and where local police and fire protection can be secured by telephone.
4. Properties Requiring High Degree of Protection. More than one
firefighter-guard will be required to be on duty at all times at
facilities of the classes listed below. The number, and the assignment,
of firefighter-guards in such cases should be determined by taking into
consideration all pertinent factors.
(a) Facilities of high market value which are distant from public
assistance and require an on-the-site firefighting force adequate to
hold fires in check until outside assistance can be obtained.
(b) Facilities of high market value which can obtain no outside
assistance and require an on-the-site firefighting force adequate to
extinguish fires.
(c) Facilities of high market value at which the patrolling of large
areas is necessary.
(d) Facilities of high market value not fenced and containing large
quantities of personal property of a nature inviting pilferage.
(e) Facilities of high market value at which several gates must be
kept open for operating purposes.
5. Standards for All Protected Properties.
(a) All facilities within the range of municipal or other public
protection, but outside the geographic limits of such public body,
should be covered by advance arrangements with appropriate authorities
for police and fire protection service, at a monthly or other service
fee if necessary.
(b) Patrolling of all facilities with large areas to be protected
should be accomplished by use of automotive vehicles.
(c) At fenced facilities, a minimum number of gates should be kept
open.
6. Firefighter-Guards. Firefighters and guards are the normal means
for carrying out the fire protection and security programs at excess and
surplus real properties where both such programs are required. The
duties of firefighters and guards should be combined to the maximum
extent possible in the interest of both economy and efficiency. Such
personnel would also be available in many cases for other miscellaneous
services, such as, removing grass and weeds or other fire hazards,
servicing fire extinguishers, and other activities related to general
protection of property.
7. Operating Requirements of Protection Units. Firefighter-guards or
guards, should be required to make periodic rounds of facilities
requiring protection. The frequency of these rounds would be based upon
a number of factors; such as, location and size of the facility, type
of structures and physical barriers, and the amount and type of activity
at the facility. There may be instances where some form of central
station supervision, such as American District Telegraph Company, will
effect reduction in costs by reducing the number of firefighter-guards,
or guards, required to adequately protect the premises.
8. Watchman's Clock. To insure adequate coverage of the entire
property by the guards, or firefighter-guards, an approved watchman's
clock should be provided, with key stations strategically located so
that, in passing from one to the other, the guards will cover all
portions of the property.
9. Protection Alarm Equipment. Automatic fire detection devices and
allied equipment and services may materially assist in minimizing
protection costs. However, use of devices of this type, like guards,
are purely secondary fire protection and are primarily a means of
obtaining fire and police protection facilities at the property in an
emergency. There are various types of devices, each of which can be
considered separately or in combination as supplementing guard patrols,
which may assist in reduction of costs and, in some instances, it may be
possible to eliminate all guards.
10. Sentry Dogs. Frequently there are facilities of high market
value, or which cover large areas, or are so isolated that they invite
intrusion by curiosity seekers, hunters, vagrants, etc., which require
extra or special protection measures. This has usually been taken care
of by staffing with additional guards so that the ''buddy system'' of
patrolling may be used. In such cases, the use of sentry dogs should be
considered in arriving at the appropriate method of offsetting the need
for additional guards, as well as possible reductions in personnel. If
it is determined to be in the Government's interest to use this type of
protection, advice should be obtained as to acquisition (lease,
purchase, or donation), training, use, and care, from the nearest police
department using sentry dogs. When sentry dogs are used, the property
should be clearly posted ''Warning -- This Government Property Patrolled
by Sentry Dogs.''
C. Maintenance Standards. The following standards or criteria are
furnished as a guide in connection with the upkeep of excess and surplus
real properties:
1. Temporary Type Buildings and Structures. Temporary buildings
housing personal property which cannot be readily removed to permanent
type storage should be maintained only to the extent necessary to
protect the personal property. Vacant temporary structures should not
be maintained except in unusual circumstances.
2. Permanent Type Buildings and Structures. (a) No interior painting
should be done. Where exterior wood or metal surfaces require treatment
to prevent serious deterioration, spot painting only should be done when
practicable.
(b) Carpentry and glazing should be limited to: work necessary to
close openings against weather and pilferage; making necessary repairs
to floors, roofs, and sidewalls as a protection against further damage;
shoring and bracing of structures to preclude structural failures; and
similar operations.
(c) Any necessary roofing and sheet metal repairs should, as a rule,
be on a patch basis.
(d) Masonry repairs, including brick, tile, and concrete
construction, should be undertaken only to prevent leakage or
disintegration, or to protect against imminent structural failure.
(e) No buildings should be heated for maintenance purposes except in
unusual circumstances.
3. Mechanical and Electrical Installations. These include plumbing,
heating, ventilating, air conditioning, sprinkler systems, fire alarm
systems, electrical equipment, elevators, and similar items.
(a) At facilities in inactive status, maintenance of mechanical and
electrical installations should be limited to that which is necessary to
prevent or arrest serious deterioration. In most cases, personnel
should not be employed for this work except on a temporary basis at
periodic intervals when it is determined by inspections that the work is
necessary. Wherever possible electrical systems should be deenergized,
water drained from all fixtures, heat turned off, and buildings secured
against unauthorized entry. Sprinkler systems should be drained during
freezing weather and reactivated when danger of freezing has passed.
(b) At facilities in active status, such as multiple-tenancy
operations, equipment should be kept in reasonable operating condition.
Operation of equipment to furnish services to private tenants, as well
as the procurement of utility services for distribution to tenants,
should be carried on only to the extent necessary to comply with lease
or permit conditions, or in cases where it is impracticable for tenants
to obtain such services directly from utility companies or other
sources.
(c) At facilities where elevators and/or high-pressure boilers and
related equipment are in operation, arrangements should be made for
periodic inspections by qualified and licensed inspectors to insure that
injury to personnel, loss of life, or damage to property does not occur.
(d) Individual heaters should be used, when practicable, in lieu of
operating heating plants.
4. Grounds, Roads, Railroads, and Fencing. (a) Maintenance of
grounds should be confined largely to removal of vegetation where
necessary to avoid fire hazards and to control poisonous and noxious
plant growth in accordance with local and State laws and regulations;
plowing of fire lanes where needed; and removal of snow from roads and
other areas only to the extent necessary to provide access for
maintenance, fire protection, and similar activities. Wherever
practicable, hay crops should be sold to the highest bidders with the
purchaser performing all labor in connection with cutting and removal.
Also, agricultural and/or grazing leases may be resorted to, if
practicable, as other means of reducing the cost of grounds maintenance.
Any such leases shall be subject to the provisions of 101-47.203-9 or
101-47.312.
(b) Only that portion of the road network necessary for firetruck and
other minimum traffic should be maintained. The degree to which such
roads are to be maintained should be only that necessary to permit safe
passage at a reasonable speed.
(c) Railroads should not be maintained except as might be required
for protection and maintenance operations, or as required under the
provisions of a lease or permit.
(d) Ditches and other drainage facilities should be kept sufficiently
clear to permit surface water to run off.
(e) Fencing, or other physical barrier, should be kept in repair
sufficiently to afford protection against unauthorized entry.
5. Utilities. (a) At inactive properties, water systems, sewage
disposal systems, electrical distribution systems, etc., should be
maintained only to the extent necessary to provide the minimum services
required. Buildings or areas not requiring electrical service or water
should be deenergized electrically and the water valved off. Utilities
not in use, or which are serving dismantled or abandoned structures,
should not be maintained.
(b) At active properties, water supply, electrical power, and sewage
disposal facilities frequently must be operated at rates much below
designed capacities. Engineering studies should determine the
structural and operating changes necessary for maximum economy. Where
leakage is found in water distribution lines, such lines may be valved
off rather than repaired, unless necessary for fire protection or other
purposes.
(c) Where utilities are purchased by contract, such contracts should
be reviewed to determine if costs can be reduced by revision of the
contracts.
6. Properties to be Disposed of as Salvage. No funds should be
expended for maintenance on properties where the highest and best use
has been determined to be salvage.
D. Repairs. Repairs should be limited to those additions or changes
that are necessary for the preservation and maintenance of the property
to deter or prevent excessive, rapid, or dangerous deterioration or
obsolescence and to restore property damaged by storm, flood, fire,
accident, or earthquake only where it has been determined that
restoration is required.
E. Improvements. No costs should be incurred to increase the sales
value of a property, and no costs should be incurred to make a property
disposable without the prior approval of GSA. (See 101-47.401-5.)
(29 FR 16126, Dec. 3, 1964, as amended at 30 FR 11281, Aug. 2, 1965)
41 CFR 101-47.4914 Executive Order 12512.
Note: The illustrations in 101-47.4914 are filed as part of the
original document and do not appear in this volume.
(50 FR 194, Jan. 3, 1986)
41 CFR 101-47.4914 PART 101-48 -- UTILIZATION, DONATION, OR DISPOSAL OF
ABANDONED AND FORFEITED PERSONAL PROPERTY
Sec.
101-48.000 Scope of part.
101-48.001 Definitions.
101-48.001-1 Abandoned or other unclaimed property.
101-48.001-2 Distilled spirits.
101-48.001-3 Eleemosynary institution.
101-48.001-4 Firearms.
101-48.001-5 Forfeited property.
101-48.001-6 Malt beverages.
101-48.001-7 Property.
101-48.001-8 Voluntarily abandoned property.
101-48.001-9 Wine.
101-48.001-10 Drug paraphernalia.
41 CFR 101-47.4914 Subpart 101-48.1 -- Utilization of Abandoned and
Forfeited Personal Property
101-48.100 Scope of subpart.
101-48.101 Forfeited or voluntarily abandoned property.
101-48.101-1 Sources of property available for utilization.
101-48.101-2 Custody of property.
101-48.101-3 Cost of care and handling.
101-48.101-4 Retention by holding agency.
101-48.101-5 Property required to be reported.
101-48.101-6 Transfer to other Federal agencies.
101-48.101-7 Reimbursement and costs incident to transfer.
101-48.101-8 Billing.
101-48.101-9 Disposition of proceeds.
101-48.102 Abandoned or other unclaimed property.
101-48.102-1 Vesting of title in the United States.
101-48.102-2 Reporting.
101-48.102-3 Reimbursement.
101-48.102-4 Proceeds.
41 CFR 101-47.4914 Subpart 101-48.2 -- Donation of Abandoned and
Forfeited Personal Property
101-48.200 Scope of subpart.
101-48.201 Donation of forfeited distilled spirits, wine, and malt
beverages.
101-48.201-1 General.
101-48.201-2 Establishment of eligibility.
101-48.201-3 Requests by institutions.
101-48.201-4 Filling requests.
101-48.201-5 Donation of lots not required to be reported.
101-48.201-6 Packing and shipping costs.
101-48.202 Donation of forfeited drug paraphernalia.
41 CFR 101-47.4914 Subpart 101-48.3 -- Disposal of Abandoned and
Forfeited Personal Property
101-48.300 Scope of subpart.
101-48.301 General.
101-48.302 Distilled spirits, wine, and malt beverages.
101-48.303 Firearms.
101-48.304 Drug paraphernalia.
101-48.305 Property other than distilled spirits, wine, malt
beverages, firearms, and drug paraphernalia.
101-48.306 Disposition of proceeds from sale.
101-48.306-1 Abandoned or other unclaimed property.
101-48.306-2 Forfeited or voluntarily abandoned property.
41 CFR 101-47.4914 Subparts 101-48.4 -- 101-48.48 (Reserved)
41 CFR 101-47.4914 Subpart 101-48.49 -- Illustrations of Forms
101-48.4900 Scope of subpart.
101-48.4901 (Reserved)
101-48.4902 GSA forms.
101-48.4902-18 GSA Form 18, Application of Eleemosynary Institution.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 42 FR 55813, Oct. 19, 1977, unless otherwise noted.
41 CFR 101-48.000 Scope of part.
This part prescribes the policies and methods governing the
utilization, donation, and disposal of abandoned and forfeited personal
property under the custody or control of any Federal agency in the
United States, the Commonwealth of Puerto Rico, American Samoa, Guam,
the Trust Territory of the Pacific Islands, and the Virgin Islands.
41 CFR 101-48.001 Definitions.
For the purposes of this part 101-48, the following terms shall have
the meanings set forth in this section.
41 CFR 101-48.001-1 Abandoned or other unclaimed property.
Abandoned or other unclaimed property means personal property that is
found on premises owned or leased by the Government and which is subject
to the filing of a claim therefor by the former owner(s) within 3 years
from the vesting of title in the United States.
41 CFR 101-48.001-2 Distilled spirits.
Distilled spirits, as defined in the Federal Alcohol Administration
Act (27 U.S.C. 211), as now in force or hereafter amended, means ethyl
alcohol; hydrated oxide of ethyl; or spirits of wine, whiskey, rum,
brandy, gin, and other distilled spirits, including all dilutions and
mixtures thereof.
41 CFR 101-48.001-3 Eleemosynary institution.
Eleemosynary institution means a nonprofit institution organized and
operated for charitable purposes whose net income does not inure in
whole or in part to the benefit of shareholders or individuals and which
shall have filed with the GSA National Capital Region a satisfactory
statement establishing such status.
(56 FR 40260, Aug. 14. 1991)
41 CFR 101-48.001-4 Firearms.
Firearms, as defined in 18 U.S.C. 921, as now in force or hereafter
amended, means any weapon (including a starter gun) which will, or is
designed to, or may readily be converted to expel a projectile by the
action of an explosive; the frame or receiver of any such weapon or any
firearm muffler or firearm silencer; or any destructive device. This
term does not include an antique firearm.
41 CFR 101-48.001-5 Forfeited property.
Forfeited property means personal property acquired by a Federal
agency either by summary process or by order of a court of competent
jurisdiction pursuant to any law of the United States.
41 CFR 101-48.001-6 Malt beverages.
Malt beverages, as defined in the Federal Alcohol Administration Act
(27 U.S.C. 211), as now in force or hereafter amended, means beverages
made by the alcoholic fermentation of an infusion or decoction, or
combination of both, in potable brewing water, of malted barley with
hops or their parts or products and with or without other malted
cereals; and with or without the addition of unmalted or prepared
cereals, other carbohydrates, or products prepared therefrom; and with
or without the addition of carbon dioxide; and with or without other
wholesome products suitable for human food consumption.
41 CFR 101-48.001-7 Property.
Property means all personal property, including but not limited to
vessels, vehicles, aircraft, distilled spirits, wine, and malt
beverages.
41 CFR 101-48.001-8 Voluntarily abandoned property.
Voluntarily abandoned property means personal property abandoned to a
Federal agency in such a manner as to vest title thereto in the United
States.
41 CFR 101-48.001-9 Wine.
Wine means any of the wines defined in sections 5381 and 5385 of the
Internal Revenue Code of 1954 (26 U.S.C. 5381, 5385), as now in force or
hereafter amended, and other alcoholic beverages not so defined, but
made in the manner of wine, including sparkling and carbonated wine;
wine made from condensed grape must; wine made from agricultural
products other than the juice of sound, ripe grapes; imitation wine;
compounds sold as wine; vermouth; cider; perry; and sake. The
alcoholic content of these beverages shall not contain less than 7
percent nor more than 24 percent of alcohol by volume and shall not be
for industrial use.
41 CFR 101-48.001-10 Drug paraphernalia.
Drug paraphernalia means any equipment, product, or material of any
kind which is primarily intended or designed for use in manufacturing,
compounding, converting, concealing, producing, processing, preparing,
injecting, ingesting, inhaling, or otherwise introducing into the human
body a controlled substance in violation of the Controlled Substances
Act (title II of Pub. L. 91-513). It includes items primarily intended
or designed for use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into the
human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips: Meaning objects used to hold burning material, such
as a marijuana cigarette, that has become too small or too short to be
held in the hand;
(6) Miniature spoons with level capacities of one-tenth cubic
centimeter or less;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air-driven pipes;
(11) Chillums;
(12) Bongs;
(13) Ice pipes or chillers;
(14) Wired cigarette papers; or
(15) Cocaine freebase kits.
(56 FR 40260, Aug. 14, 1991)
41 CFR 101-48.001-10 Subpart 101-48.1 -- Utilization of Abandoned and Forfeited Personal Property
41 CFR 101-48.100 Scope of subpart.
This subpart 101-48.1 prescribes the policies and methods for
utilization and transfer within the Government of forfeited or
voluntarily abandoned personal property subject to the provisions of 40
U.S.C. 304f through m, and abandoned and other unclaimed property found
on premises owned or leased by the Government subject to the provisions
of 40 U.S.C. 484(m), which may come into the custody or control of any
Federal agency in the United States, the Commonwealth of Puerto Rico,
American Samoa, Guam, and Trust Territory of the Pacific Islands, or the
Virgin Islands. Property in this category located elsewhere shall be
utilized and transferred in accordance with the regulations of the
agency having custody thereof. This subpart also governs seized and
forfeited drug paraphernalia under the provisions of 21 U.S.C. 857(c).
(56 FR 40260, Aug. 14, 1991)
41 CFR 101-48.101 Forfeited or voluntarily abandoned property.
Forfeited or voluntarily abandoned property, subject to the
provisions of 40 U.S.C. 304(f) through m, except as otherwise indicated
in this subpart 101-48.1, shall be reported and handled in the same
manner as excess property under subpart 101-43.3.
41 CFR 101-48.101-1 Sources of property available for utilization.
Property available for utilization under 101-48.101 is property
which is in the custody or under the control of any agency of the U.S.
Government, as a result of forfeiture or voluntary abandonment.
41 CFR 101-48.101-2 Custody of property.
(a) GSA generally will not take possession of property that is
forfeited or voluntarily abandoned. Such property shall remain in the
custody of and be the responsibility of the holding agency.
(b) GSA will direct the disposition of forfeited firearms that are
subject to the disposal provisions of 26 U.S.C. 5872(b). GSA authorizes
the retention of any such firearm by the Secretary of the Treasury or
his delegate for official use.
(c) GSA will direct the disposition of distilled spirits, wine, and
malt beverages that are forfeited other than by court decree or by order
of a court:
(1) By transfer to Government agencies which have a need for such
beverages for medicinal, scientific, or mechanical purposes, or for any
other purpose for which appropriated funds may be expended by a
Government agency;
(2) By donation to eleemosynary institutions (as defined in
101-48.001-3) which have a need for such beverages for medicinal
purposes; or
(3) By destruction.
(d) GSA will direct the disposition of forfeited drug paraphernalia
that is subject to the disposal provisions of 21 U.S.C. 857(c) by
ordering such paraphernalia destroyed or by authorizing its use for law
enforcement or educational purposes by Federal, State, or local
authorities.
(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40260, Aug. 14,
1991)
41 CFR 101-48.101-3 Cost of care and handling.
Each holding agency shall be responsible for performing care and
handling of forfeited or voluntarily abandoned personal property pending
disposition.
41 CFR 101-48.101-4 Retention by holding agency.
(a) Subject to the limitations on certain types of passenger vehicles
(see 101-43.307-9), a Federal agency may retain and devote to official
use any property in its custody that is forfeited other than by court
decree or determined by the agency to be voluntarily abandoned. Large
sedans and limousines may be retained by an agency and devoted to
official use only if such retention is clearly authorized by the
provisions of subpart 101-38.1.
(b) A holding agency, when reporting property pursuant to
101-48.101-5, which is subject to pending court proceedings for
forfeiture, may at the same time file a request for that property for
its official use. A request for only components or accessories of a
complete and operable item shall contain a detailed justification
concerning the need for the components or accessories and an explanation
of the effect their removal will have on the item. Upon receipt of a
request, GSA will make application to the court requesting delivery of
the property to the holding agency, provided that, when a holding agency
has requested only components or accessories of a complete and operable
item, GSA determines that their removal from the item is in the best
interest of the Government.
(c) Except where otherwise specifically provided, any property that
is retained by a Federal agency for official use under this subpart
101-48.1 shall thereupon lose its identity as forfeited or voluntarily
abandoned property. When such property is no longer required for
official use, it shall be reported as excess in accordance with
101-43.304.
(Sec. 307, 49 Stat. 880; 40 U.S.C. 304l)
(42 FR 55813, Oct. 19, 1977, as amended at 44 FR 42202, July 19,
1979; 56 FR 40260, Aug. 14, 1991)
41 CFR 101-48.101-5 Property required to be reported.
(a) A Federal agency shall promptly report, in accordance with
101-43.304, property in its custody that is forfeited other than by
court decree or voluntarily abandoned and not desired for retention by
that agency for its official use and property on which proceedings for
forfeiture by court decree are being started or have begun, except that:
(1) Reports shall be submitted to the GSA National Capital Region
(mailing address: General Services Administration (3FBP-W), Washington,
DC 20407) in lieu of being submitted to the GSA regional office for the
region in which the property is located.
(2) The reporting agency's internal documents containing information
relevant to the property may be used in lieu of the Standard Form 120,
Report of Excess Personal Property; and
(3) Distilled spirits, wine and malt beverages fit for human
consumption in quantities of 5 wine gallons or more shall be reported
regardless of acquisition cost.
(b) The following information shall be furnished:
(1) Whether property was:
(i) Abandoned;
(ii) Forfeited other than by court decree; or
(iii) The subject of a court proceeding and, if so, the name of the
defendant and the place and judicial district of the court from which
the decree has been or will be issued;
(2) Existence or probability of a lien or claim of lien, or other
accrued or accruing charges, and the amount involved; and
(3) If the property is distilled spirits, wine, or malt beverages:
Quantities and kinds (rye or bourbon or other whiskey and its brand, if
any; sparkling or still wine and its color or brand; cordial, brandy,
gin, etc.), proof rating, and condition for shipping.
(c) In addition to the exceptions and special handling described in
101-43.305 and 101-43.307, the following forfeited or voluntarily
abandoned property need not be reported:
(1) Forfeited arms or munitions of war which are handled pursuant to
22 U.S.C. 401;
(2) Forfeited firearms which are transferable by the holding agency
to the Secretary of Defense;
(3) Abandoned, condemned, or forfeited tobacco, snuff, cigars, or
cigarettes which the holding agency estimates will not, if offered for
sale by competitive bid, bring a price equal to the internal revenue tax
due and payable thereon; and which is subject to destruction or
delivery without payment of any tax to any hospital maintained by the
United States for the use of present or former members of the military
or naval forces of the United States;
(4) Forfeited distilled spirits (including alcohol), wine and malt
beverages not fit for human consumption nor for medicinal, scientific,
or mechanical purposes. (Domestic forfeited distilled spirits, wine,
and malt beverages which were not produced at a registered distillery,
winery, or brewery or which are in containers that have been opened or
entered shall be regarded as not fit for human consumption. (See
101-48.302 for disposition.));
(5) Distilled spirits, wine, and malt beverages in any one seizure of
less than 5 wine gallons (see 101-48.201-5 and 101-48.302 for
disposition);
(6) Effects of deserters from the Coast Guard or the military
services, or of deceased persons of the Coast Guard or the military
services, or of deceased inmates of naval or soldiers' homes or
Government hospitals;
(7) Seeds, plants, or misbranded packages seized by the Department of
Agriculture pursuant to authorities provided by law;
(8) Game and equipment (other than vessels, including cargo) seized
by the Department of the Interior pursuant to authorities provided by
law;
(9) Files of papers, all dead and undeliverable mail matter, and
nonmailable matter in the custody of the Postmaster General;
(10) Infringing articles in the custody of the Patent Office,
Department of Commerce;
(11) Unclaimed and abandoned personal property subject to applicable
customs laws and regulations;
(12) Collection seizures to satisfy tax liens and property acquired
by the United States in payment of or as security for debts arising
under the internal revenue laws;
(13) Property, the vesting and disposition of which is controlled by
the provisions of 38 U.S.C. 5201 (et seq.), Disposition of deceased
veterans' personal property; and
(14) Motor vehicles which are 4 or more years old.
(d) The general rule for reporting specified in this 101-48.101-5 is
modified with respect to the following:
(1) Controlled substances (as defined in 101-43.001-3), regardless
of quantity, condition, or acquisition cost, shall be reported to the
Drug Enforcement Administration, Department of Justice, Washington, DC
20537;
(2) Forfeited firearms not desired for retention by the seizing
agency, except those covered by paragraphs (c) (1) and (2) of this
section, shall be reported provided such firearms are in excellent
serviceable condition and known to be used for law enforcement or
security purposes or are sufficiently unusual to be of interest to a
Federal museum. Forfeited firearms not reportable in accordance with
the foregoing criteria shall be destroyed and disposed of pursuant to
101-48.303;
(3) Property forfeited other than by court decree which is suitable
for human consumption or which may be used in the preparation of food
may be immediately transferred by the agency having custody to the
nearest Federal agency known to be a user of such property, without
specific authorization from GSA;
(4) Vessels of 1,500 gross tons or more which the Maritime
Administration determines to be merchant vessels or capable of
conversion to merchant use shall be reported to the Maritime
Administration;
(5) Property seized by one Federal agency but adopted by another for
prosecution under laws enforced by the adopting Federal agency shall be
reported by the adopting agency to the extent and in the manner required
by this subpart 101-48.1;
(6) Lost, abandoned, or unclaimed personal property controlled by the
provisions of 10 U.S.C. 2575 shall be disposed of as provided by 10
U.S.C. 2575 and regulations issued thereunder by appropriate authority;
and
(7) Drug paraphernalia seized and forfeited under the provisions of
21 U.S.C. 857, which is not retained for official use by the seizing
agency or transferred to another Federal agency under seizing agency
authorities, or such drug paraphernalia retained for official use but no
longer required by the agency, shall be reported on Standard Form 120 to
the General Services Administration, Property Management Division (FBP),
Washington, DC 20406.
(e) Property not required to be reported pursuant to this
101-48.101-5 and not excepted or modified with respect to reporting
pursuant to this 101-48.101-5 shall be handled as set forth in
101-43.305.
(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40260, Aug. 14,
1991)
41 CFR 101-48.101-6 Transfer to other Federal agencies.
(a) Normally, the transfer of forfeited or voluntarily abandoned
personal property shall be accomplished by submitting for approval a
Standard Form 122, Transfer Order Excess Personal Property (see
101-43.4901-122), or any other transfer order form approved by GSA, to
the General Services Administration (3FBP-W), Washington, DC 20407, for
approval.
(b) Except for property which is subject to court action, the
transfer order shall indicate the agency having custody of the property,
the location of the property, the report or case number on which the
property is listed, the property required, and the fair value, if
applicable.
(c) Property subject to court action may be requested by submitting a
transfer order or a letter setting forth the need for the property by
the agency. If proceedings for the forfeiture of the property by court
decree are being started or have begun, application will be made by GSA
to the court, prior to entry of a decree, for an order requiring
delivery of the property to an appropriate recipient for its official
use.
(d) Transfers of forfeited or voluntarily abandoned distilled
spirits, wine, and malt beverages shall be limited to those for
medicinal, scientific, or mechanical purposes or for any other official
purposes for which appropriated funds may be expended by a government
agency. Transfer orders shall be signed by the head of the requesting
agency or a designee. Where officials are designed to sign, the General
Services Administration (3FBP-W), Washington, DC 20407, shall be advised
of designees by letter signed by the head of the agency concerned. No
transfer order will be acted upon unless it is signed as provided
herein.
(e) Transfer orders requesting the transfer of forfeited or
voluntarily abandoned firearms shall set forth the need for the property
by the requesting agency.
(f) Transfer orders requesting the transfer of reportable forfeited
drug paraphernalia shall be submitted to the General Services
Administration, Property management Division (FBP), Washington, DC
20406, for approval. Transfers will not be approved unless the Standard
Form 122 or other transfer document contains a certification that the
paraphernalia will be used for law enforcement or educational purposes
only.
(g) Any property transferred for official use under this subpart
101-48.1, with the exception of drug paraphernalia, shall thereupon lose
its identify as forfeited or voluntarily abandoned property. When no
longer required for official use, it shall be reported as excess in
accordance with 101-43.304. Drug paraphernalia shall not lose its
identity as forfeited property. When no longer required for official
use, it shall be reported in accordance with 101-48.101-5(d)(7).
(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14,
1991)
41 CFR 101-48.101-7 Reimbursement and costs incident to transfer.I11(a)
Reimbursement upon transfer of personal property forfeited or
voluntarily abandoned other than by court decree shall be in accordance
with 101-43.309-3.
(a) Reimbursement upon transfer of personal property forfeited or
voluntarily abandoned other than by court decree shall be in accordance
with 101-43.309-3.
(b) Reimbursement for judicially forfeited property shall be in
accordance with provisions of the court decree.
(c) Commercial charges incurred at the time of and subsequent to
forfeiture or voluntary abandonment but prior to transfer shall be borne
by the transferee agency when billed by the commercial organization.
(d) The direct costs incurred by the holding agency prior to the
transfer of forfeited or voluntarly abandoned property shall be borne by
the transferee agency when billed by the holding agency. Overhead or
administrative costs or charges shall not be included. Only costs set
forth in 40 U.S.C. 304j, such as storage, packing, preparation for
shipment, loading, and transportation shall be recovered by the holding
agency.
(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14,
1991)
41 CFR 101-48.101-8 Billing.
(a) Each holding agency shall be responsible for billing and
collecting the costs of care and handling, as well as the fair value of
property transferred to other agencies, when such reimbursement is
required in accordance with 101-43.309-3.
(b) Commercial organizations accruing charges prior to transfer shall
be responsible for billing and collecting these charges from the
transferee agency.
(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14,
1991)
41 CFR 101-48.101-9 Disposition of proceeds.
Where reimbursement for fair value is to be made in accordance with
101-43.309-3, the fair value proceeds shall be deposited in the Treasury
to miscellaneous receipts or in the appropriate agency account by the
transferor agency.
(56 FR 40261, Aug. 14, 1991)
41 CFR 101-48.102 Abandoned or other unclaimed property.
41 CFR 101-48.102-1 Vesting of title in the United States.
Abandoned or other unclaimed property, subject to the provisions of
section 203(m) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 484(m)), shall remain in the custody of
and be the responsibility of the agency finding such property. The
property shall be held for a period of 30 days from the date of finding
such property. Upon expiration of this 30-day period, title to such
property vests in the United States, except that title reverts to the
owner where a proper claim is filed by the owner prior to official use
or transfer for official use and, if there is no official use or
transfer for official use, prior to sale of the property.
41 CFR 101-48.102-2 Reporting.
(a) Abandoned or other unclaimed property not utilized by the holding
agency shall be reported and handled in the same manner as excess
property under subpart 101-43.3, except as provided in 101-48.102-2(b).
(b) Abandoned for other unclaimed property which, by the provisions
of 101-43.304, is not required to be reported and which is not
otherwise transferred pursuant to subpart 101-43.3, shall be subject to
the provisions of subpart 101-48.3.
(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40261, Aug. 14,
1991)
41 CFR 101-48.102-3 Reimbursement.
Reimbursement of fair market value, as determined by the head of the
finding or transferor agency, shall be required in connection with
official use by the finding agency or transfer for official use of
abandoned or other unclaimed property. Fair market value as used herein
does not mean fair value as determined under 101-43.309-3.
(56 FR 40261, Aug. 14, 1991)
41 CFR 101-48.102-4 Proceeds.
Reimbursement for official use by the finding agency or transfer for
official use of abandoned or other unclaimed property shall be deposited
in a special fund by the finding or transferor agency for a period of at
least 3 years. A former owner may be reimbursed from the special fund,
based upon a proper claim made to the finding or transferor agency and
filed within 3 years from the date of vesting of title in the United
States. Such reimbursement shall not exceed fair market value at the
time title was vested in the United States, less the costs incident to
the care and handling of such property as determined by the head of the
agency concerned.
41 CFR 101-48.102-4 Subpart 101-48.2 -- Donation of Abandoned and Forfeited Personal Property
41 CFR 101-48.200 Scope of subpart.
This subpart 101-48.2 prescribes the policies and methods governing
the donation by Federal agencies of abandoned and forfeited property in
their custody or control in the United States, the Commonwealth of
Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific
Islands, or the Virgin Islands.
41 CFR 101-48.201 Donation of forfeited distilled spirits, wine, and malt beverages.
41 CFR 101-48.201-1 General.
Forfeited distilled spirits, wine, and malt beverages for which there
is no Federal utilization shall be made available to appropriate
eleemosynary institutions prior to other disposition.
41 CFR 101-48.201-2 Establishment of eligibility.
Eleemosynary institutions desiring to obtain available distilled
spirits, wine, and malt beverages shall submit GSA Form 18, Application
of Eleemosynary Institution (see 101-48.4902-18), to the General
Services Administration (3FBP-W), Washington, DC 20407. The Office of
Management and Budget Approval Number 3090-0001 has been assigned to
this form.
(56 FR 40261, Aug. 14, 1991)
41 CFR 101-48.201-3 Requests by institutions.
Eligible institutions desiring to obtain available distilled spirits,
wine, and malt beverages shall show on the GSA Form 18, Application of
Eleemosynary Institution, the kind and quantity desired. The GSA
National Capital Region will inform the eligible institution when these
alcoholic beverages become available, request confirmation that the
institution's requirement is current, and inform the institution that
shipment will be initiated upon this confirmation.
(56 FR 40261, Aug. 14, 1991)
41 CFR 101-48.201-4 Filling requests.
The GSA National Capital Region will authorize the seizing agency to
fill such requests as the region may determine proper to ensure
equitable distribution among requesting institutions.
(56 FR 40262, Aug. 14, 1991)
41 CFR 101-48.201-5 Donation of lots not required to be reported.
Forfeited distilled spirits, wine, and malt beverages not required to
be reported under 101-48.101-5 may be donated to eleemosynary
institutions known to be eligible therefor if the beverages are
determined by the seizing agency to be suitable for human consumption.
The holding agency shall promptly report these donations by letter to
the General Services Administration (3FBP-W), Washington, DC 20407.
This report shall state the quantity and type donated, the name and
address of the donee institution, and date of the donation.
(56 FR 40262, Aug. 14, 1991)
41 CFR 101-48.201-6 Packing and shipping costs.
The receiving institution shall pay all costs of packing, shipping,
and transportation.
41 CFR 101-48.202 Donation of forfeited drug paraphernalia.
(a) Forfeited drug paraphernalia for which there is no Federal
utilization may be made available through State agencies, at the
discretion of GSA, to State and local governments for law enforcement or
educational purposes only. Donations will be made in accordance with
part 101-44, except as otherwise provided in this subpart 101-48.2.
(b) All transfers of drug paraphernalia to the State agencies for
donation to State and local governments shall be accomplished by use of
SF 123, Transfer Order Surplus Personal Property (see 101-44.4901-123).
The SF 123 shall be accompanied by a letter of justification, signed and
dated by the authorized representative of the proposed donee, setting
forth a detailed plan of utilization for the property and certifying
that the donee will comply with all Federal State, and local laws,
regulations, ordinances, and requirements governing use of the property.
The SF 123, with the letter of justification, shall be submitted for
approval to the General Services Administration, Property Management
Division (FBP), Washington, DC 20406.
(c) A State agency shall not pick up or store drug paraphernalia in
its distribution centers. This property shall be released from the
holding agency directly to the designated donee.
(56 FR 40262, Aug. 14, 1991)
41 CFR 101-48.202 Subpart 101-48.3 -- Disposal of Abandoned and Forfeited Personal Property
41 CFR 101-48.300 Scope of subpart.
This subpart 101-48.3 prescribes the policies and methods governing
the disposal of abandoned or other unclaimed, voluntarily abandoned, or
forfeited personal property which may come into the custody or control
of any Federal agency in the United States, the Commonwealth of Puerto
Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands,
or the Virgin Islands. Property in this category located elsewhere
shall be disposed of under the regulations of the agency having custody
thereof.
41 CFR 101-48.301 General.
Any property in the custody of a Federal agency which is not desired
for retention by that agency nor utilized within any Federal agency in
accordance with subpart 101-48.1 nor donated in accordance with subpart
101-48.2 shall be disposed of in accordance with the provisions of this
subpart 101-48.3
41 CFR 101-48.302 Distilled spirits, wine, and malt beverages.
(a) Distilled spirits, wine, and malt beverages (as defined in
101-48.001) which are not required to be reported under
101-48.101-5(c)(4) shall be destroyed as prescribed in 101-48.302(b);
distilled spirits, wine, and malt beverages which are not required to be
reported under 101-48.101-5(c)(5) and which have not been donated as
prescribed in subpart 101-48.2 shall be destroyed in like manner.
(b) When reportable abandoned or forfeited distilled spirits, wine,
and malt beverages are not retained by the holding agency, transferred
to another agency, or donated to an eligible eleemosynary institution by
GSA, the GSA National Capital Region will issue clearance to the agency
which submitted the report as prescribed by 101-48.101-5 for
destruction of the distilled spirits, wine, and malt beverages. A
record of the destruction showing time, place, and nomenclature and
quantities destroyed shall be filed with papers and documents relating
to the abandonment or forfeiture.
(42 FR 55813, Oct. 19, 1977, as amended at 56 FR 40262, Aug. 14,
1991)
41 CFR 101-48.303 Firearms.
Abandoned or forfeited firearms or voluntarily abandoned firearms
shall not be sold as firearms. They may be disposed of by sale as scrap
in the manner prescribed in 101-45.309-4.
41 CFR 101-48.304 Drug paraphernalia.
(a) When forfeited drug paraphernalia is neither utilized within any
Federal agency in accordance with subpart 101-48.1 nor donated in
accordance with subpart 101-48.2, GSA will issue clearance to the
reporting agency to destroy the items. The destruction shall be
performed by an employee of the holding agency in the presence of two
additional employees of the agency as witnesses to the destruction. A
statement of certification describing the fact, manner, date, type, and
quantity destroyed shall be certified to by the agency employee charged
with the responsibility for that destruction. The two agency employees
who witnessed the destruction shall sign the following statement which
shall appear on the certification below the signature of the certifying
employee:
''I have witnessed the destruction of the (list the drug
paraphernalia) described in the foregoing certification in the manner
and on the date stated herein:''
--
Witness Date
--
Witness Date
(b) The signed certification and statement of destruction shall be
made a matter of record and shall be retained in the case files of the
holding agency.
(56 FR 40262, Aug. 14, 1991)
41 CFR 101-48.305 Property other than distilled spirits, wine, malt
beverages, firearms, and drug paraphernalia.
(a) Property forfeited other than by court decree or voluntarily
abandoned, except distilled spirts, wine, malt beverages, firearms, and
drug paraphernalia, which is not returned to a claimant, retained by the
agency of custody, or transferred in accordance with subpart 101-48.1
may be released to the holding agency by the GSA National Capital Region
for public sale, except as otherwise provided by law.
(b) Abandoned or other unclaimed property which is not retained by
the holding agency, not transferred to another agency, or not required
to be reported by the provisions of 101-48.102, may be reported for
sale to the appropriate selling activity at any time after title vests
in the United States as provided in 101-48.102-1.
(c) Voluntarily abandoned, abandoned, or other unclaimed property
and, in the absence of specific direction by a court, forfeited
property, normally shall be sold by competitive bid as prescribed in
101-45.304-1, subject to the same terms and conditions as would be
applicable to the sale of surplus personal property. Voluntarily
abandoned, abandoned, or other unclaimed property and forfeited property
may be sold also by negotiation at the discretion of the selling agency
but only under the circumstances set forth in 101-45.304-2. Such
property shall be identified by the holding agency as abandoned or other
unclaimed, voluntarily abandoned, or forfeited property, and shall be
reported for sale to the appropriate GSA regional office or to such
other agency as otherwise is responsible for selling its surplus
personal property unless specifically required by law to be sold by the
holding agency.
(56 FR 40262, Aug. 14, 1991)
41 CFR 101-48.306 Disposition of proceeds from sale.
41 CFR 101-48.306-1 Abandoned or other unclaimed property.
(a) Proceeds from sale of abandoned or other unclaimed property shall
be deposited in a special fund by the finding agency for a period of 3
years. A former owner may be reimbursed for abandoned or other
unclaimed property which had been disposed of in accordance with the
provisions of this subpart 101-48.3 upon filing a proper claim with the
finding agency within 3 years from the date of vesting of title in the
United States. Such reimbursement shall not exceed the proceeds
realized from the disposal of such property less disposal costs and
costs of the care and handling of such property as determined by the
head of the agency concerned.
(b) Records of abandoned or other unclaimed property shall be
maintained in such a manner as to permit identification of the property
with the original owner, if known, when such property is offered for
sale. Records of proceeds received from the sale of abandoned or other
unclaimed property shall be maintained as part of the permanent file and
record of sale until the 3-year period for filing claims has elapsed.
(56 FR 40262, Aug. 14, 1991)
41 CFR 101-48.306-2 Forfeited or voluntarily abandoned property.
Proceeds from sale of property which has been forfeited other than by
court decree, by court decree, or which has been voluntarily abandoned,
shall be deposited in the Treasury of the United States as miscellaneous
receipts or in such other agency accounts as provided by law or
regulations.
(56 FR 40262, Aug. 14, 1991)
41 CFR 101-48.306-2 Subparts 101-48.4 -- 101-48.48 (Reserved)
41 CFR 101-48.306-2 Subpart 101-48.49 -- Illustrations of Forms
41 CFR 101-48.4900 Scope of subpart.
This subpart illustrates forms prescribed for use in connection with
subject matter covered in this part 101-48.
101-48.4901 (Reserved)
41 CFR 101-48.4902 GSA forms.
(a) GSA Form 18, Application of Eleemosynary Institution, is
illustrated in this 101-8.4902 to show the text, format, and
arrangement of the form and to provide a ready source of reference.
(b) Copies of the GSA Form 18 may be obtained from the General
Services Administration (WDP), Washington, DC 20407.
(42 FR 55813, Oct. 19, 1977, as amended at 46 FR 39593, Aug. 4, 1981)
41 CFR 101-48.4902-18 GSA Form 18, Application of Eleemosynary
Institution.
Note: The form illustrated at 101-48.4902-18 is filed with the
original document.
41 CFR 101-48.4902-18 PART 101-49 -- UTILIZATION, DONATION, AND
DISPOSAL OF FOREIGN GIFTS AND DECORATIONS
Sec.
101-49.000 Scope of part.
101-49.001 Definitions.
101-49.001-1 Employee.
101-49.001-2 Foreign government.
101-49.001-3 Gift.
101-49.001-4 Decoration.
101-49.001-5 Minimal value.
101-49.001-6 Employing agency.
41 CFR 101-48.4902-18 Subpart 101-49.1 -- General Provisions
101-49.101 Custody of gifts and decorations.
101-49.102 Care and handling.
101-49.103 Information on availability for Federal utilization or
donation.
101-49.104 (Reserved)
101-49.105 Appraisals.
101-49.106 Gifts and decorations received by Senators and Senate
employees.
101-49.106-1 Disposal of gifts and decorations by the Senate.
101-49.106-2 Disposal of gifts and decorations by GSA.
101-49.106-3 Gifts and decorations not disposed of by GSA.
101-49.107 Sale to recipients.
101-49.108 Disposal of firearms.
41 CFR 101-48.4902-18 Subpart 101-49.2 -- Utilization of Foreign Gifts
and Decorations
101-49.200 Scope of subpart.
101-49.201 Reporting.
101-49.201-1 Gifts and decorations required to be reported.
101-49.201-2 Gifts and decorations not to be reported.
101-49.202 Transfers to other Federal agencies.
101-49.203 Costs incident to transfer.
101-49.204 Gifts and decorations no longer required by the transferee
agency.
101-49.205 Deposit of money and certain intangible gifts with the
Department of the Treasury.
41 CFR 101-48.4902-18 Subpart 101-49.3 -- Donation of Foreign Gifts and
Decorations
101-49.300 Scope of subpart.
101-49.301 Donation of gifts and decorations.
101-49.302 Requests by public agencies and nonprofit tax-exempt
activities.
101-49.303 Allocation.
101-49.304 Conditions of donation.
101-49.305 Costs incident to donation.
101-49.306 Withdrawal of donable gifts and decorations for Federal
utilization.
101-49.307 Donation of gifts withdrawn from sale.
41 CFR 101-48.4902-18 Subpart 101-49.4 -- Sale or Destruction of
Foreign Gifts and Decorations
101-49.400 Scope of subpart.
101-49.401 Approval by the Secretary of State on sales.
101-49.402 Sale of gifts by GSA to interested recipients.
101-49.403 Sale of gifts by GSA to the public.
101-49.404 Proceeds from sales.
101-49.405 Destruction of gifts and decorations.
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec.
515, 91 Stat. 862 (5 U.S.C. 7342).
Source: 44 FR 53750, Sept. 17, 1979, unless otherwise noted.
41 CFR 101-49.000 Scope of part.
This part prescribes policies and procedures governing the
utilization, donation, and disposal of gifts and decorations from
foreign governments in accordance with 5 U.S.C. 7342.
41 CFR 101-49.001 Definitions.
For the purposes of this part 101-49, the following terms shall have
the meanings set forth in this section.
41 CFR 101-49.001-1 Employee.
Employee means:
(a) An employee as defined by 5 U.S.C. 2105 and an officer or
employee of the United States Postal Service or of the Postal Rate
Commission;
(b) An expert or consultant who is under contract under 5 U.S.C.
3109 with the United States or any agency, department, or establishment
thereof, including, in the case of an organization performing services
under that section, any individual involved in the performance of the
services;
(c) An individual employed by or occupying an office or position in
the government of a territory or possession of the United States or the
government of the District of Columbia;
(d) A member of a uniformed service;
(e) The President and the Vice President;
(f) A Member of Congress as defined by 5 U.S.C. 2106 (except the Vice
President) and any Delegate to the Congress; and
(g) The spouse of an individual described in paragraphs (a) through
(f) of this section (unless this individual and his or her spouse are
separated) or a dependent (within the meaning of section 152 of the
Internal Revenue Code of 1954) of this individual, other than a spouse
or dependent who is an employee under paragraphs (a) through (f) of this
section.
41 CFR 101-49.001-2 Foreign government.
Foreign government means:
(a) Any unit of foreign governmental authority, including any foreign
national, State, local, and municipal government;
(b) Any international or multinational organization whose membership
is composed of any unit of a foreign government described in paragraph
(a) of this section; and
(c) Any agent or representative of any unit or organization while
acting as such.
41 CFR 101-49.001-3 Gift.
Gift means a tangible or intangible present (other than a decoration)
tendered by or received from a foreign government.
41 CFR 101-49.001-4 Decoration.
Decoration means an order, device, medal, badge, insignia, emblem, or
award tendered by or received from a foreign government.
41 CFR 101-49.001-5 Minimal value.
Minimal value means a retail value in the United States at the time
of acceptance of $200 or less, except that:
(a) On January 1, 1981, and at 3-year intervals thereafter, ''minimal
value'' will be redefined in regulations prescribed by the Administrator
of General Services, in consultation with the Secretary of State, to
reflect changes in the consumer price index for the immediately
preceding 3-year period; and
(b) Regulations of an employing agency may define ''minimal value''
for its employees to be less than the value provided under this section.
(44 FR 53750, Sept. 17, 1979, as amended at 55 FR 3953, Feb. 6, 1990)
41 CFR 101-49.001-6 Employing agency.
Employing agency means:
(a) The Committee on Standards of Official Conduct of the House of
Representatives, for Members and employees of the House of
Representatives, except that those responsibilities specified in 5
U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) shall be carried out by the
Clerk of the House;
(b) The Select Committee on Ethics of the Senate, for Senators and
employees of the Senate, except that those responsibilities (other than
responsibilities involving approval of the employing agency) specified
in 5 U.S.C. 7342(c)(2), (d), and (g)(2)(B) shall be carried out by the
Secretary of the Senate;
(c) The Administrative Office of the United States Courts, for judges
and judicial branch employees; and
(d) The department, agency, office, or other entity in which an
employee is employed, for other legislative branch employees and for all
executive branch employees.
41 CFR 101-49.001-6 Subpart 101-49.1 -- General Provisions
41 CFR 101-49.101 Custody of gifts and decorations.
(a) GSA normally will not take custody of gifts and decorations for
which recipients have expressed an interest in purchasing. All such
gifts and decorations shall remain in the physical custody and be the
responsibility of the employing agency until recipients either purchase
or decline to purchase. GSA will accept physical custody of gifts and
decorations which recipients decline to purchase and which are not
retained for official use or returned to the donors.
(b) GSA will direct the disposition of gifts and decorations when
reported to GSA by the employing agency by:
(1) Transfer to Federal agencies;
(2) Donation for public display or other approved purposes;
(3) Sale with the approval of the Secretary of State; or
(4) Destruction.
(44 FR 53750, Sept. 17, 1979, as amended at 50 FR 82, Jan. 2, 1985;
53 FR 12767, Apr. 19, 1988)
41 CFR 101-49.102 Care and handling.
(a) Each employing agency shall be responsible for the security of
gifts and decorations in its custody.
(b) Each employing agency shall be responsible for and bear the cost
of care and handling of gifts and decorations in its custody and for
delivery of the gifts and decorations to the physical custody of GSA.
(48 FR 12089, Mar. 23, 1983, as amended at 53 FR 12767, Apr. 19,
1988)
41 CFR 101-49.103 Information on availability for Federal utilization
or donation.
GSA will provide information on the availability of gifts and
decorations, when reported to GSA, to Federal agencies and appropriate
State agencies for surplus property.
101-49.104 (Reserved)
41 CFR 101-49.105 Appraisals.
When a recipient indicates an interest in purchasing a gift, the
employing agency shall obtain a commercial appraisal before reporting
the gift to GSA. The gift is to be reported to GSA on Standard Form
(SF), Report of Excess Personal Property, for utilization screening
prior to sale to the recipient. The commercial appraisal may be either
attached to the SF 120, or completed and furnished separately to GSA
after utilization screening is completed.
(53 FR 12767, Apr. 19, 1988)
101-49.106 Gifts and decorations received by Senators and Senate
employees.
41 CFR 101-49.106-1 Disposal of gifts and decorations by the Senate.
Gifts and decorations received by a Senator or an employee of the
Senate that are deposited with the Secretary of the Senate for disposal
or are deposited after termination of official use will be disposed of
by the Commission on Art and Antiquities of the United States Senate in
accordance with 5 U.S.C. 7342(e)(2).
41 CFR 101-49.106-2 Disposal of gifts and decorations by GSA.
Gifts and decorations received by a Senator or an employee of the
Senate not disposed of by the Commission on Art and Antiquities will be
reported to GSA in accordance with 101-49.201 for utilization,
donation, or other disposal under this part 101-49.
41 CFR 101-49.106-3 Gifts and decorations not disposed of by GSA.
GSA will notify the Commission on Art and Antiquities when a gift or
decoration received by a Senator or an employee of the Senate has not
been disposed of within a year after the gift or decoration is reported
to GSA. A gift or decoration not disposed of by GSA may be disposed of
by the Commission on Art and Antiquities. The Commission on Art and
Antiquities will notify GSA of its intent to dispose of a gift or
decoration. Gifts and decorations that the Commission on Art and
Antiquities does not wish to dispose of will continue to be handled and
disposed of in accordance with this part 101-49.
41 CFR 101-49.107 Sale to recipients.
Gifts and decorations for which there are no Federal requirements as
determined by GSA, may be offered for sale to recipients as provided in
101-49.402 prior to donation to authorized donees under the provisions
of subpart 101-49.3, when so requested by recipients.
(53 FR 12767, Apr. 19, 1988)
41 CFR 101-49.108 Disposal of firearms.
Firearms reported to GSA as foreign gifts may be offered for transfer
to Federal agencies, including law enforcement activities. Firearms not
required for Federal use may be sold to interested recipients at the
discretion of GSA. A certification that the recipient 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. Those firearms not tranferred to a Federal activity or sold
to recipients shall be destroyed in accordance with 101-45.309-4.
(53 FR 12767, Apr. 19, 1988)
41 CFR 101-49.108 Subpart 101-49.2 -- Utilization of Foreign Gifts and Decorations
41 CFR 101-49.200 Scope of subpart.
This subpart prescribes policies and procedures governing the
utilization and transfer within the Federal Government of foreign gifts
and decorations.
101-49.201 Reporting.
41 CFR 101-49.201-1 Gifts and decorations required to be reported.
(a) Except as provided in 101-49.106 and 101-49.201-2, tangible
gifts and decorations that are not retained for official use or returned
to the donor shall be reported to GSA. Tangible gifts and decorations
that have been retained for official use shall be reported to GSA within
30 calendar days after termination of the official use. Gifts and
decorations shall be reported on SF 120, Report of Excess Personal
Property (see 101-43.4901-120), to the General Services Administration,
Property Management Division (FBP), Washington, DC 20406. The SF 120
shall be conspicuously marked ''FOREIGN GIFTS AND/OR DECORATIONS'' and
include the following information:
(1) The name and position of the employee recipient;
(2) A full description of the gift or decoration;
(3) The identity, if known, of the foreign government and the name
and position of the individual who presented the gift or decoration;
(4) The date of acceptance of the gift or decoration;
(5) The estimated value in the United States of the gift or
decoration at the time of acceptance, or the appraised value, if known;
(6) The current location of the gift or decoration;
(7) The name, address, and telephone number of the responsible
accountable official in the employing agency;
(8) An indication whether the recipient is interested in having the
gift or decoration donated to an eligible public agency or nonprofit
tax-exempt institution for public display or other approved purposes if
it becomes available for donation. This interest shall be documented in
a letter outlining any special significance of the gift to the proposed
donee institution. The mailing address and telephone number of both the
recipient and the proposed donee shall be provided;
(9) The appraised value plus the cost of the appraisal shall be added
to a copy of the SF 120, Report of Excess Personal Property, before GSA
offers gifts for sale to interested recipients. At the time of
termination of agency use, GSA may direct that the foreign gift be
appraised; and
(10) Each foreign gift or decoration shall be identified as a
separate line item.
(b) Gifts and decorations received by the President or a member of
the President's family normally are handled by the National Archives and
Records Administration.
(c) The Central Intelligence Agency may delete the information
required in paragraphs (a) (1) and (3) of this section if the Director
of Central Intelligence certifies in writing to the Secretary of State
that the publication of this information could adversely affect U.S.
intelligence sources.
(d) This report has been cleared in accordance with FPMR 101-11.11
and is exempt from reports control.
(44 FR 53750, Sept. 17, 1979, as amended at 48 FR 12089, Mar. 23,
1983; 50 FR 82, Jan. 2, 1985; 53 FR 12767, Apr. 19, 1988)
41 CFR 101-49.201-2 Gifts and decorations not to be reported.
(a) The following gifts and decorations shall not be reported to GSA:
(1) Gifts and decorations returned to the donor;
(2) Gifts and decorations retained by the employing agency for
official use, except upon termination of the official use;
(3) Gifts and decorations below minimal value retained by employee
recipients with the approval of the employing agency;
(4) Intangible gifts, including checks, money orders, bonds, shares
of stock, and other securities and negotiable instruments (see
101-49.205);
(5) Cash, currency, and money, except those with possible historic or
numismatic value (see 101-49.205); and
(6) Gifts and decorations received by a Senator or an employee of the
Senate disposed of by the Commission on Art and Antiquities of the
United States (see 101-49.106).
(b) Gifts and decorations covered by paragraphs (a) (1), (2), and (3)
of this section will be handled in accordance with employing agency
regulations.
(44 FR 53750, Sept. 17, 1979, as amended at 53 FR 12767, Apr. 19,
1988)
41 CFR 101-49.202 Transfers to other Federal agencies.
(a) Gifts and decorations will be made available for transfer for a
period of 60 calendar days following receipt by GSA of the Standard Form
120 to activities specified in 101-43.315-1. Transfers will be made as
considered appropriate by GSA, generally on a first-come-first-served
basis.
(b) Transfers will be accomplished by submitting for approval a SF
122, Transfer Order Excess Personal Property (see 101-43.4901-122), or
any other transfer order form approved by GSA, to the General Services
Administration, Property Management Division (FBP), Washington, DC
20406. The SF 122, or other transfer order forms, shall be
conspicuously marked ''FOREIGN GIFTS AND/OR DECORATIONS'' and include
all information furnished by the employing agency as specified in
101-49.201-1(a).
(c) Gifts and decorations shall be transferred for public display or
other bona fide agency use and not for the personal benefit of any
individual. GSA may require that transfer orders be supported by
justifications for the intended display or official use of requested
gifts or decorations.
(d) (Reserved)
(e) The transfer document shall include the following statement:
''At such time as these items are no longer required, they will be
reported to the General Services Administration, Property Management
Division (FBP), Washington, DC 20406, and will be identified as foreign
gift items and cross-referenced to the original excess report number.''
(44 FR 53750, Sept. 17, 1979, as amended at 48 FR 12090, Mar. 23,
1983; 50 FR 83, Jan. 2, 1985; 53 FR 12767, Apr. 19, 1988)
41 CFR 101-49.203 Costs incident to transfer.
All transfers of gifts and decorations will be made without
reimbursement, except that direct costs incurred by the employing agency
in actual packing, preparation for shipment, loading, and transportation
may be recovered by the employing agency from the transferee agency if
billed by the employing agency. (See 101-43.317-1.)
41 CFR 101-49.204 Gifts and decorations no longer required by the
transferee agency.
Gifts and decorations no longer required by the transferee agency
shall be reported to the General Services Administration as provided in
101-49.201-1 and shall include the transfer order number from the
original transfer order or a copy of that order.
(53 FR 12768, Apr. 19, 1988)
41 CFR 101-49.205 Deposit of money and certain intangible gifts with
the Department of the Treasury.
Money, cash, currency, and such intangible gifts as checks, money
orders, bonds, shares of stock, and other securities and negotiable
instruments not required to be reported to GSA shall be deposited with
the Department of the Treasury by the employing agency in accordance
with applicable laws and regulations.
41 CFR 101-49.205 Subpart 101-49.3 -- Donation of Foreign Gifts and Decorations
41 CFR 101-49.300 Scope of subpart.
This subpart prescribes policies and procedures governing the
donation of foreign gifts and decorations to public agencies and
eligible nonprofit tax-exempt activities for public display or other
approved purposes.
(50 FR 83, Jan. 2, 1985)
41 CFR 101-49.301 Donation of gifts and decorations.
(a) Gifts and decorations not required for Federal use or sold to
recipients will be made available at the discretion of GSA through State
agencies to appropriate public agencies and eligible nonprofit
tax-exempt activities for a period of 21 calendar days following the
period of Federal utilization screening as provided in 101-49.202(a).
(b) Donations of gifts and decorations will be made for public
display or such other approved purposes as determined by GSA. Donations
will be made in accordance with part 101-44, except as otherwise
provided in this subpart 101-49.3.
(44 FR 53750, Sept. 17, 1979, as amended at 50 FR 83, Jan. 2, 1985;
53 FR 12768, Apr. 19, 1988))
41 CFR 101-49.302 Requests by public agencies and nonprofit tax-exempt
activities.
(a) All transfers of gifts and decorations to the State agencies for
donation to public agencies and eligible nonprofit tax-exempt activities
shall be accomplished by use of SF 123, Transfer Order Surplus Personal
Property (see 101-44.4901-123). The SF 123, with any additional
required documentation, shall be submitted for approval to the General
Services Administration, Property Management Division (FBP), Washington,
DC 20406. The SF 123 shall be prepared in accordance with the
instructions in 101-44.4901-123-1 and shall be conspicuously marked
''FOREIGN GIFTS AND/OR DECORATIONS.''
(b) Each SF 123 submitted to GSA for donation of foreign gifts and
decorations shall be accompanied by an original and two copies of a
letter of intent, signed and dated by the authorized representative of
the proposed donee, setting forth a detailed plan of utilization for the
property. The letter of intent shall provide the following information:
(1) Identification of the applicant, including its legal name and
complete address, its status as a public agency or as an eligible
nonprofit tax-exempt activity, and the name, title, and telephone number
of its authorized representative;
(2) Description of the gift or decoration requested, including its
estimated or appraised value; and
(3) Details on the planned utilization of the gift or decoration,
including where and how it will be used and how it will be safeguarded.
(50 FR 83, Jan. 2, 1985, as amended at 53 FR 12768, Apr. 19, 1988)
41 CFR 101-49.303 Allocation.
Allocation of gifts and decorations among the States will be made at
the discretion of the Administrator of General Services. The employee
recipient may recommend that a gift or decoration be allocated for
donation through the State agency to a specific donee. A statement of
this recommendation shall be entered on the SF 120, Report of Excess
Personal Property, by the reporting agency. The request must be
supported by a letter from the recipient outlining any special
significance of the gift or decoration to the proposed donee. The
mailing address and telephone number of both the recipient and the
proposed donee shall also be included in the letter. Such requests will
receive consideration if it is determined that the item is to be
donated.
(48 FR 12090, Mar. 23, 1983; 48 FR 27404, June 15, 1983)
41 CFR 101-49.304 Conditions of donation.
Donation of gifts and decorations shall be accomplished by the use of
a State agency distribution document (see 101-44.208) which shall
contain or incorporate by reference the following special handling
conditions and use limitations imposed by GSA on the donation of gifts
and decorations:
(a) The donee shall display or use the gift or decoration in
accordance with its letter of intent, as may be modified to meet GSA
requirements.
(b) There shall be a period of restriction which will expire after
the gift or decoration has been used for the purpose stated in the
letter of intent for a period of 10 years, except that GSA may restrict
the use of the gift or decoration for such period as may be prescribed
by GSA when the inherent character of the property justifies such
action.
(c) The donee shall allow the right of access to the donee's premises
at reasonable times for inspection of the gift or decoration by duly
authorized representatives of the State agency or the U.S. Government.
(d) During the period of restriction, the donee shall not sell,
trade, lease, lend, bail, encumber, cannibalize or dismantle for parts,
or otherwise dispose of the property; or remove it permanently for use
outside the State; or transfer title to the gift or decoration directly
or indirectly; or do or allow anything to be done that would contribute
to the gift or decoration being seized, taken into execution, attached,
lost, stolen, damaged, or destroyed.
(e) If, at any time during the period of restriction, the gift or
decoration is no longer suitable, usable, or needed by the donee for the
purpose stated in the letter of intent, the donee shall promptly notify
the General Services Administration, Property Management Division (FBP),
Washington, DC 20406, through the State agency, and upon demand by GSA,
title and right to possession of the gift or decoration shall revert to
the U.S. Government. In this event, the donee shall comply with transfer
or disposition instructions furnished by GSA through the State agency,
with costs of transportation, handling, and reasonable insurance during
transportation to be paid by the donee or as directed by GSA.
(f) The donee shall comply with all additional conditions covering
the handling and use of any gift or decoration imposed by GSA.
(g) Upon the donee's failure to comply with any applicable condition
or limitation during the period of restriction, the State agency may
demand return of the gift or decoration and, upon demand, title and
right to possession of the gift or decoration shall revert to the U.S.
Government. In this event, the donee shall return the gift or decoration
in accordance with instructions furnished by the State agency, with
costs of transportation, handling, and reasonable insurance during
transportation to be paid by the donee or as directed by the State
agency. If the gift or decoration is lost, stolen, or cannot legally be
recovered or returned for any other reason, the donee shall pay to the
U.S. Government the fair market value of the gift or decoration at the
time of its loss, theft, or at the time that it became unrecoverable as
determined by GSA. If the gift or decoration is damaged or destroyed,
the State agency may require the donee to:
(1) Return the item and pay the difference between its former fair
market value and its current fair market value, or
(2) Pay the fair market value, as determined by GSA, of the item had
it not been damaged or destroyed.
(50 FR 83, Jan. 2, 1985, as amended at 53 FR 12768, Apr. 19, 1988)
41 CFR 101-49.305 Costs incident to donation.
Costs incurred incident to donation of gifts and decorations shall be
handled in accordance with 101-44.104.
41 CFR 101-49.306 Withdrawal of donable gifts and decorations for
Federal utilization.
Gifts and decorations set aside or approved for donation may be
withdrawn for Federal utilization in accordance with 101-44.101.
41 CFR 101-49.307 Donation of gifts withdrawn from sale.
Gifts that are being offered for public sale may be withdrawn and
approved for donation in accordance with 101-44.107.
(53 FR 12768, Apr. 19, 1988)
41 CFR 101-49.307 Subpart 101-49.4 -- Sale or Destruction of Foreign
Gifts and Decorations
Source: 48 FR 12091, Mar. 23, 1983, unless otherwise noted.
41 CFR 101-49.400 Scope of subpart.
This subpart prescribes policies and procedures governing the sale of
foreign gifts and decorations to recipients and the disposal by either
sale or destruction of foreign gifts and decorations which GSA has
determined are not needed for Federal utilization or donation.
(53 FR 12768, Apr. 19, 1988)
41 CFR 101-49.401 Approval by the Secretary of State on sales.
The approval of the Secretary of State or the Secretary's designee
shall be obtained before offering any gift for public sale.
41 CFR 101-49.402 Sale of gifts by GSA to interested recipients.
GSA shall offer gifts through negotiated sales only to a recipient
who has indicated an interest in purchasing the item(s). The mailing
address and telephone number of the recipient shall be provided on the
SF 120, Report of Excess Personal Property. The sales price shall be
the appraised value of the gift(s) plus the cost of the appraisal.
Sales shall be documented in accordance with part 101-45.
41 CFR 101-49.403 Sale of gifts by GSA to the public.
GSA shall sell gifts in accordance with part 101-45.
41 CFR 101-49.404 Proceeds from sales.
The proceeds from the sale of gifts shall be deposited in the
Treasury as miscellaneous receipts, unless other disposition is
authorized by law or regulation.
41 CFR 101-49.405 Destruction of gifts and decorations.
Gifts that are not sold under this subpart 101-49.4 and decorations
may be destroyed and disposed of as scrap or for their material content.
41 CFR 101-49.405 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
Redesignation Table
List of CFR Sections Affected
Chap.
41 CFR 101-49.405 Table of CFR Titles and Chapters
41 CFR 101-49.405 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
41 CFR 101-49.405 Title 2 -- (Reserved)
41 CFR 101-49.405 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
41 CFR 101-49.405 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
41 CFR 101-49.405 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Counsel (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
41 CFR 101-49.405 Title 6 -- (Reserved)
41 CFR 101-49.405 Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
41 CFR 101-49.405 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
41 CFR 101-49.405 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
41 CFR 101-49.405 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
41 CFR 101-49.405 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
41 CFR 101-49.405 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Thrift Depositor Protection Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
41 CFR 101-49.405 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
41 CFR 101-49.405 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
41 CFR 101-49.405 Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
41 CFR 101-49.405 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
41 CFR 101-49.405 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
41 CFR 101-49.405 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
41 CFR 101-49.405 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
41 CFR 101-49.405 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
41 CFR 101-49.405 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
41 CFR 101-49.405 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
41 CFR 101-49.405 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
41 CFR 101-49.405 Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
41 CFR 101-49.405 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
41 CFR 101-49.405 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
41 CFR 101-49.405 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
41 CFR 101-49.405 Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
41 CFR 101-49.405 Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200 -- 1299)
XII Federal Mediation and Conciliation Service (Parts 1400 -- 1499)
XIV Equal Employment Opportunity Commission (Parts 1600 -- 1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
41 CFR 101-49.405 Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
41 CFR 101-49.405 Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
41 CFR 101-49.405 Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200 -- 1299)
XVI Selective Service System (Parts 1600 -- 1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
41 CFR 101-49.405 Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
41 CFR 101-49.405 Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
41 CFR 101-49.405 Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
41 CFR 101-49.405 Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900 -- 999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
41 CFR 101-49.405 Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400 -- 499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
41 CFR 101-49.405 Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
41 CFR 101-49.405 Title 39 -- Postal Service
I United States Postal Service (Parts 1 -- 999)
III Postal Rate Commission (Parts 3000 -- 3099)
41 CFR 101-49.405 Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500 -- 1599)
41 CFR 101-49.405 Title 41 -- Public Contracts and Property Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
41 CFR 101-49.405 Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
41 CFR 101-49.405 Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
41 CFR 101-49.405 Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
41 CFR 101-49.405 Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Family Support
Administration, Department of Health and Human Services (Parts 200 --
299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Family Support Administration, Department of Health and Human
Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Administration for Children and
Families Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Family Support Administration,
Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XX Commission on the Bicentennial of the United States Constitution
(Parts 2000 -- 2099)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (Parts
2200 -- 2299)
XXIV James Madison Memorial Fellowship Foundation (Parts 2400 --
2499)
41 CFR 101-49.405 Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
41 CFR 101-49.405 Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
41 CFR 101-49.405 Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900 -- 9999)
41 CFR 101-49.405 Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Federal Transit Administration, Department of Transportation
(Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
41 CFR 101-49.405 Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
41 CFR 101-49.405 CFR Index and Finding Aids Subject/Agency Index
List of Agency Prepared Indexes Parallel Tables of Statutory Authorities
and Rules Acts Requiring Publication in the Federal Register List of CFR
Titles, Chapters, Subchapters, and Parts
41 CFR 101-49.405 Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment from a non-Federal source for travel expenses 41, 304
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Office of Navajo and Hopi Indian Relocation 25, IV
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment from a non-Federal source for travel expenses 41, 304
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowances 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
41 CFR 101-49.405
41 CFR 101-49.405
41 CFR 101-49.405 Redesignation Table
At 54 FR 4962, Jan. 31, 1989, regulations appearing in title 41,
part 101-50 were redesignated as part 105-68.
For the convenience of the user, the following table shows the
relationship of the old CFR section numbers in 41 CFR part 101-50 to the
new CFR section numbers in 41 CFR part 105-68.
41 CFR 101-49.405 41 CFR (7-1-92 Edition)
41 CFR 101-49.405 List of CFR Sections Affected
41 CFR 101-49.405 List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of Sections CFR
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven
separate volumes.
41 CFR 101-49.405 1986
41 CFR
51 FR
Page
Chapter 101
101-6.100 -- 101-6.112-1 (Subpart 101-6.1) Removed 7017
101-1 -- 101-8 (Subchapter A Appendix) Temporary Reg. A-24, Supp. 2
added 23539
Temporary Reg. A-30 added 40805
Temporary Reg. A-25, Supp. 2 added 44985
101-17.002 See Temp. Reg. D-71, Supp. 2 27040
101-17.003 See Temp. Reg. D-71, Supp. 2 27040
101-17.004 See Temp. Reg. D-71, Supp. 2 27040
101-17.009 See Temp. Reg. D-71, Supp. 2 27041
101-17.102 See Temp. Reg. D-71, Supp. 2 27041
101-17.103 See Temp. Reg. D-71, Supp. 2 27041
101-17.104-1 See Temp. Reg. D-71, Supp. 2 27041
101-17.104-3 See Temp. Reg. D-71, Supp. 2 27041
101-17.4902 See Temp. Reg. D-71, Supp. 2 27041
101-17 -- 101-21 (Subchapter D Appendix) Temporary Reg. D-71, Supp.
2 added 27039
101-18.000 -- 101-18.003-19 Removed 7018
101-18.300 -- 101-18.312 (Subpart 101-18.3) Removed 7018
101-17 -- 101-21 (Subchapter D Appendix) Temporary Reg. D-69, Supp.
5 added 11022
Temporary Reg. D-71, Supp. 1 added 17630
101-20.109-10 Revised 44258
101-25.107 (b) revised 13498
101-25.303 Removed 9655
101-25.304 Removed 9655
101-25.304-1 Removed 9655
101-25.304-2 Removed 9655
101-26.102-1 See Temp. Reg. E-85 29105
101-25 -- 101-34 (Subchapter E Appendix) Temporary Reg. E-85 added
29105
101-26.100-2 See Temp. Reg. E-82 1794
101-26.106 Revised 13498
101-26.406 Removed 9655
101-26.406-1 Removed 9655
101-26.406-5 Removed 9655
101-26.406-6 Removed 9655
101-26.408-4 (c) revised 13498
101-26.501 See Temp. Reg. E-84 20829
101-26.501-1 See Temp. Reg. E-84 20829
101-26.501-2 See Temp. Reg. E-84 20829
101-26.501-3 See Temp. Reg. E-84 20830
101-26.501-4 See Temp. Reg. E-84 20830
101-26.501-6 See Temp. Reg. E-84 20830
101-26.501-8 See Temp. Reg. E-84 20830
101-26.501-9 See Temp. Reg. E-84 20830
101-26.803-2 Revised 7571
101-28.300 -- 101-28.306-7 (Subpart 101-28.3) Revised 13499
101-25 -- 101-34 (Subchapter E Appendix) Temporary Reg. E-83 added
1511
Temporary Reg. E-82 added 1793
Temporary Reg. E-81, Supp. 1 added 15783
Temporary Reg. E-84 added 20829
101-38 Revised 11684
101-38.001-19 Corrected 15481
101-38.101-3 (b) introductory text and (3) table corrected 15481
101-38.102 (a) corrected 15481
101-38.104-2 (a)(2) corrected 15481
101-38.104-4 (a) and (c) corrected 15481
101-38.104-5 Corrected 15481
101-38.104-8 (a) corrected 15481
101-38.202-4 Corrected 15481
101-38.700 Corrected 15481
101-38.701 (b) corrected 15481
101-38.702 Corrected 15481
101-39 Revised 11023
101-40.000 Revised 24330
101-40.001 Added 24331
101-40.101-1 Revised 24331
(a) introductory text and table corrected 27539
101-40.101-2 Revised 24331
101-40.102 Revised 24331
101-40.103-2 (a) and (b) revised 24331
(b) corrected 27539
101-40.103-3 Added 24332
Corrected 27539
101-40.106 Revised 24332
101-40.108 Revised 24332
101-40.109-1 (a) revised 24332
101-40.109-2 (a), (b), and (c) revised 24332
101-40.109-3 (b) revised; (c) added 24332
101-40.110-2 Revised 24332
101-40.110-3 Added 24332
101-40.111 Revised 24333
101-40.113 Removed 24333
101-40.200 -- 101-40.208 (Subpart 101-40.2) Heading revised 24333
101-40.200 Revised 24333
101-40.201 Revised 24333
101-40.202 Revised 24333
101-40.203-1 Revised 24333
101-40.203-2 Revised 24333
101-40.203-3 Revised 24334
101-40.203-4 (a) and (c) revised 24334
101-40.204 Revised 24334
101-40.205 Revised 24334
101-40.206 Revised 24334
Introductory text corrected 27539
101-40.207 Revised 24335
101-40.208 Revised 24335
101-40.300 Revised 24335
101-40.301 (a), (b), and (d) revised 24335
(a) table Note and (b)(1) corrected 27539
101-40.303 Revised 24336
101-40.303-2 Revised 24336
101-40.303-4 Revised 24336
101-40.304 (b) and (c) revised; (d) added 24336
101-40.305-1 Revised 24336
101-40.305-2 Revised 24336
101-40.305-3 Introductory text, (a), and (d) revised; (b) removed
24336
101-40.306 Revised 24337
101-40.306-1 (a) revised 24337
101-40.306-3 Revised 24337
101-40.400 -- 101-40.410-2 (Subpart 101-40.4) Heading revised 24337
101-40.400 Revised 24337
101-40.401 Revised 24337
101-40.402 Revised 24337
101-40.402-1 Removed 24337
101-40.403 Revised 24337
101-40.403-1 Removed 24338
101-40.403-2 Removed 24338
101-40.404 Heading revised 24338
101-40.404-1 Revised 24338
(b) corrected 27539
101-40.404-2 Revised 24338
101-40.404-3 Removed 24338
Correctly designated 27539
101-40.404-4 Removed 24338
101-40.404-5 Removed 24338
101-40.405 Added 24338
101-40.406 Added 24338
101-40.407 Added 24339
101-40.408 Added 24339
101-40.408-1 Added 24339
101-40.408-2 Added 24339
101-40.408-3 Added 24339
(c)(2)(iii) corrected 27539
101-40.408-4 Added 24340
101-40.409 Added 24340
101-40.409-1 Added 24340
(c) corrected 27539
101-40.409-2 Added 24340
101-40.410 Added 24340
101-40.410-1 Added 24340
101-40.410-2 Added 24341
101-40.702-2 (a) revised 24341
101-40.702-3 (a), (b), (c), and (d) revised 24341
(a) and (d) corrected 27539
101-40.703-2 (a) revised; (d) added 24341
(a) corrected 27539
101-40.703-3 Revised 24342
(a) and (b) corrected 27539
101-40.704-1 (c)(2)(i) revised 24342
101-40.704-2 Revised 24342
101-40.705 (b) revised 24342
101-40.707-1 Revised 24342
101-40.709 (a), (b), and (c) revised 24342
101-40.710 Revised 24343
(a) corrected 27539
101-40.711-1 Revised 24343
101-40.711-2 Introductory text revised 24343
101-40.712 Revised 24343
101-40.4900 -- 101-40.4903 (Subpart 101-40.49) Revised 24343
101-38 -- 101-41 (Subchapter G Appendix) Temporary Reg. G-48 added
29639
101-43.102 Revised 8675
101-43.4901-121 Revised 8675
101-43.4901-121-1 Revised 8675
101-47.304-9 (c) added 23760
101-47.800 Revised 193
101-47.802 (b) introductory text, (1), and (5)(i) and (v) revised 194
101-47.4908 Added 23760
101-47.4914 Revised 194
41 CFR 101-49.405 1987
41 CFR
52 FR
Page
Chapter 101
101-5 See Temp. Reg. A-29, Supp. 1 26150
101-6.1001 -- 101-6.1035 (Subpart 101-6.10) Revised 45929
101-7 See Temp. Reg. A-23, Supp. 4 41431
See Temp. Reg. A-30, Supp. 1 43063
See Temp. Reg. A-24, Rev. 1 45825
See Temp. Reg. A-25, Supp. 3 48685
101-1 -- 101-8 (Subchapter A Appendix) Temporary Reg. A-30 corrected
387
Temporary Reg. A-29 added 2528
Temporary Reg. A-23, Supp. 3 added 5537
Temporary Reg. A-27, Revision 1 added 8893
Temporary Reg. A-23, Supp. 3 corrected 9382
Temporary Reg. A-29, Supp. 1 added 26150
Temporary Reg. A-23, Supp. 4 added 41431
Temporary Reg. A-30, Supp. 1 added 43063
Temporary Reg. A-24, Rev. 1 added 45825
Temporary Reg. A-25, Supp. 3 added 48685
101-17 See Temp. Reg. D-73 4295
101-20 Revised 11263
101-20.103-4 (a), (c), and (d) corrected 24158
101-20.107 Heading correctly revised; (h) corrected 24158
101-20.302 Corrected 24158
101-20.309 Corrected 24158
101-20.403 (a)(2) corrected 24158
101-20.404 (a) corrected 24158
101-17 -- 101-21 (Subchapter D Appendix) Temporary Reg. D-73 added
4294
101-25.103-1 See Temp. Reg. E-89 41430
101-25.103-2 See Temp. Reg. E-89 41430
101-26.102-1 See Temp. Reg. E-88 29522
101-26.301 See Temp. Reg. E-87 23656
101-26.501 (a) amended; (b), (c) and (d) introductory text revised
29523
101-26.501-1 (a) and (b) revised 29523
101-26.501-2 (a), (b) and (c) revised 29524
101-26.501-3 Introductory text and (b) revised 29524
101-26.501-4 (a) and (b)(2) revised; (b)(3) removed 29524
101-26.501-6 (c) revised 29524
101-26.501-8 (a) amended; (b) revised; (c) removed 29524
101-26.501-9 Revised 29525
101-28.302 See Temp. Reg. E-86 11276
101-28.306-3 See Temp. Reg. E-86 11276
101-25 -- 101-34 (Subchapter E Appendix) Temporary Reg. E-82, Supp.
1 added 5536
Temporary Reg. E-86 added 11276
Temporary Reg. E-87 added 23656
Temporary Reg. E-88 added 29522
Temporary Reg. E-89 added 41430
101-40.000 Revised 21031
101-40.001 Revised 21031
101-40.101-1 Revised 21032
(a) table corrected 23137
101-40.102 (a) and (b) revised 21032
101-40.103-2 (b) revised 21032
101-40.103-3 Revised 21032
101-40.104 Revised 21032
101-40.109-3 (b) revised 21032
101-40.110-3 Revised 21033
101-40.203-2 (a) and (b) revised 21033
101-40.203-3 Revised 21033
101-40.204 Revised 21033
Corrected 23137
101-40.205 Revised 21033
Corrected 23137
101-40.206 See Temp. Reg. G-49 26151
101-40.301 (a) (1) and (2) revised 21033
101-40.306-4 Revised 21034
101-40.402 (b) revised 21034
101-40.404 Revised 21034
101-40.702-3 (b) revised 21034
101-40.703-3 (a) revised 21034
101-40.4902 (b) revised; (c) added 21034
101-41.203-2 See Temp. Reg. G-50 36572
101-41.206 (b) and (c) revised 12169
101-41.302-1 (z) removed 21682
101-41.302-2 (c) revised; (e) removed 21682
101-41.307-3 Revised 21683
101-41.802 (a) (2) through (6) and (b) revised; (a)(7) added 12169
101-41.803 (a) and (b) revised; (c) added 12170
101-41.803-1 (a) introductory text revised 12170
101-41.804 Heading revised 12170
101-41.804-1 Revised 12170
101-41.804-2 Revised 12170
101-41.804-4 Revised 12170
101-41.804-5 Revised 12170
101-41.805-1 (a) and (b) revised 12170
101-41.805-2 (c) introductory text, (1) and (2) revised 12170
101-41.806 Heading revised 12170
101-41.806-1 Revised 12170
101-41.806-2 Revised 12171
101-41.806-3 Revised 12171
101-41.807-1 Revised 12171
101-41.807-2 (a) and (d) revised 12171
101-41.808-1 Revised 12171
101-41.4901-1206 Removed 21683
101-38 -- 101-41 (Subchapter G Appendix) Temporary Reg. G-49 added
26151
Temporary Reg. G-50 added 36572
Temporary Reg. G-48, Supp. 1 added 48540
101-43.4801 See Temp. Reg. H-25 26152
101-44.202 See Temp. Reg. H-26 47394
101-44.207 See Temp. Reg. H-26 47394
101-44.208 See Temp. Reg. H-26 47394
101-44.4701 See Temp. Reg. H-26 47395
101-44.4902-3040-1 See Temp. Reg. H-26 47395
101-45.105-3 (b) and (c) revised 23830
101-45.304-3 Revised 23831
101-45.304-7 (a)(4) and (c)(2) revised 23831
101-47.202-2 (c) (1) and (2) revised; (c)(3) added 46467
101-47.203-5 (b) and (c) revised 9832
101-47.204-1 (a) and (b) revised 9832
101-47.303-2 Introductory text, (b), (d), (e) introductory text and
(1), (f), and (g) revised 9829
101-47.304-8 Removed 5542
101-47.308-9 Added 9832
101-47.4906 Revised 9830
101-47.4906-2 Added 9831
101-42 -- 101-49 (Subchapter H Appendix) Temporary Reg. H-25 added
26152
Temporary Reg. H-26 added 47393
41 CFR 101-49.405 1988
41 CFR
53 FR
Page
Chapter 101
101-1.104-2 (a) revised 2739
101-1.4902 (b) revised 2739
101-6 Authority citation added 26776
101-6.300 (c) revised 27518
101-6.303 (b) revised 27518
101-6.400 -- 101-6.405 (Subpart 101-6.4) Added 26776
101-7 See Temp. Reg. A-30, Supp. 2 10077
See Temp. Reg. A-23, Supp. 5 11849
Revised 24449
See Temp. Reg. A-30, Supp. 3 29045
See Temp. Regs. A-24, Rev. 1, Supp. 1 and A-25, Supp. 4 41166
101-1 -- 101-8 (Subchapter A Appendix) Temporary Reg. A-30 added
10077
Temporary Reg. A-23, Supp. 5 added 11849
(Subchapter A Appendix) Temporary Reg. A-30, Supp. 3 added 29045
Temporary Regs. A-24, Rev. 1, Supp. 1 and A-25, Supp. 4 added
41166
101-17 -- 101-21 (Subchapter D Appendix) Temporary Reg. D-74 added
36786
101-20.110 See Temp. Reg. D-74 36786
101-20.302 Revised 129
101-20.307 Revised 129
101-20.308 Revised 130
101-20.315 Revised 130
101-25.110 Revised 11848
101-25.110-2 Revised 11848
101-25.110-4 Revised 11848
101-25.113 Removed 11848
101-25.301 (a) revised 11848
101-25.302-2 (a) revised 11848
101-25.302-3 (b)(6) removed 11848
101-25.302-6 (c) note removed 11848
101-25.402 Revised 11848
101-25.500 Revised 11848
101-25.502 (b) revised 11848
101-25.503 Introductory text revised 11849
101-25.4800 -- 101-25.4801 (Subpart 101-25.48) Removed 11849
101-25.4900 -- 101-25.4902-1473-1 (Subpart 101-25.49) Removed 11849
101-26 See Temp. Reg. E-90 29234
101-26.803-1 Revised 26595
101-26.803-2 Revised 26595
101-26.803-3 Added 26596
101-26.803-4 Added 26596
101-25 -- 101-34 (Subchapter E Appendix) Temporary Reg. E-90 added
29234
101-38 See Temp. Reg. G-48, Supp. 2 21821
101-40 See Temp. Reg. G-51 29046
101-40.206 Revised 4623
101-41.101 Introductory text and (a) revised 25165
101-41.103 Added 25165
(e) correctly added 26779
101-41.401 Heading and (a) revised 25166
101-41.604-1 Introductory text revised 25166
101-41.604-2 (b)(7) added 25166
101-41.807-4 Added 16877
101-38 -- 101-41 (Subchapter G Appendix) Temp. Reg. G-49 removed
4623
Temporary Reg. G-48, Supp. 2 added 21822
Temporary Reg. G-51 added 29046
Temporary Reg. G-51 corrected 35410
Temporary Reg. G-52 added 47191
Temporary Reg. G-52 corrected 50157
101-42 Removed 16089
101-43.000 Revised 16090
101-43.001 Revised 16090
101-43.001-1 -- 101-43.001-15 Revised 16090
101-43.001-16 -- 101-43.001-32 Revised 16091
101-43.001-33 Revised 16092
101-43.002 Added 16092
101-43.101 -- 101-43.103 (Subpart 101-43.1) Revised 16092
101-43.301 -- 101-43.315 (Subpart 101-43.3) Revised 16092
101-43.501 -- 101-43.504 (Subpart 101-43.5) Revised 16102
101-43.4701 Revised 16102
101-43.4801 (a), (b), (c) and (d) revised 16103
101-43.4802 Revised 16105
101-43.4901-122-1 Revised 16105
101-43.4902 Revised 16106
101-43.4902-1539-1 Revised 16106
101-44.000 Revised 16106
101-44.001-4 Revised 16106
101-44.001-9 Revised 16106
101-44.001-13 Revised 16106
101-44.001-14 Revised 16106
101-44.002 Added 16106
101-44.101 Revised 16106
101-44.102 Revised 16106
101-44.103 Removed 16107
101-44.104 Revised 16107
101-44.105 Revised 16107
101-44.106 Removed 16107
101-44.108-1 Revised 16107
101-44.108-2 Revised 16108
101-44.108-3 Removed 16109
101-44.108-4 (a) revised 16109
101-44.108-9 Revised 16109
101-44.108-10 Revised 16110
101-44.109 Revised 16110
101-44.112 (a) revised 16111
101-44.114 (a) revised 16111
101-44.115 Revised 16111
101-44.116 (b) and (e) revised 16112
101-44.118 Revised 16112
101-44.119 Removed 16112
101-44.200 Revised 16112
101-44.201 Revised 16112
101-44.202 Heading, introductory text, (a), (c)(1) (i) and (ii), (3)
through (6), (8), (10) through (12), and (14) (iv) and (v), and (d)
revised; (c)(14)(vi) added 16112
(c)(5) revised 47197
101-44.204 (b)(2) and (3)(iii) revised 16114
101-44.205 (a), (b)(1), (c), (j) (2) and (4) and (k) revised 16114
101-44.206 (a) revised 16115
101-44.207 Introductory text, (a) (2) and (27), (b)(2)(vii), (c)(14),
(f)(1) (ii) and (iv) and (3), (h) and (i) revised 16115
(a)(12.1) and (18.1) added; (c) revised 47197
101-44.208 (a) introductory text, (1), and (3), (c), (f)(6), (g), (j)
and (k)(1) revised 16116
(b) revised 47198
101-44.403 Revised 16116
101-44.702-3 Revised 16117
101-44.4701 (b) removed; (e) revised 16117
(b) revised 47198
101-44.4901-123 Revised 16117
101-44.4901-123-1 Revised 16117
101-44.4902-3040-1 Revised 16119
Amended 47198
101-45.000 Revised 16120
101-45.001-5 Revised 16120
101-45.001-7 Revised 16120
101-45.002 Added 16120
101-45.102 Revised 16121
101-45.103-1 (e) revised 16121
101-45.103-2 (e) revised 16121
101-45.105-2 Revised 16121
101-45.105-3 Revised 16121
101-45.303-3 Revised 16121
101-45.306 Revised 16121
101-45.309-2 (b) revised 16121
101-45.309-6 Introductory text revised 16122
101-45.309-7 Introductory text and (a) introductory text, (1) and (2)
revised 16122
101-45.309-9 (c) revised 16122
101-45.316 Removed 16122
101-45.316-1 -- 101-45.316-4 Correctly removed 47534
101-45.500 -- 101-45.506 (Subpart 101-45.5) Removed 16122
101-45.900 -- 101-45.903 (Subpart 101-45.9) Added 16122
101-45.1000 -- 101-45.1004-2 (Subpart 101-45.10) Added 16123
101-45.4701 Revised 16125
101-45.4807 Removed 16125
101-45.4901-291 Added 16125
101-45.4902 (b) revised 16125
101-46 Revised 16125
101-47.103-5 Revised 29893
101-47.200 Revised 29893
101-47.202-2 (b)(9) added 29893
101-47.202-7 Revised 29894
101-47.304-5 Revised 29894
101-47.304-13 Added 29894
101-49.001-5 Introductory text revised 12767
101-49.101 (a) revised 12767
101-49.102 (b) revised 12767
101-49.104 Removed 12767
101-49.105 Revised 12767
101-49.107 Added 12767
101-49.108 Revised 12767
101-49.201-1 (a) introductory text and (b) revised 12767
101-49.201-2 (a)(3) revised 12767
101-49.202 (b) and (e) revised 12767
101-49.204 Revised 12768
101-49.301 (a) revised 12768
101-49.302 (a) and (b)(3) revised 12768
101-49.304 (b) and (e) revised; (f) and (g) added 12768
101-49.307 Revised 12768
101-49.400 Revised 12768
101-50 Added; nomenclature change; eff. 10-1-88 19198, 19204
101-50.105 (w) added; eff. 10-1-88 19198
101-50.500 Heading revised; eff. 10-1-88 19198
41 CFR 101-49.405 1989
41 CFR
54 FR
Page
Chapter 101
101-1.101 Revised 37652
101-1.103 Revised 37652
101-1.108 Revised 37652
101-1.109 Revised 37652
101-1.110 Revised 37652
101-1.112 Revised 37652
101-3.000 Revised 38673
101-3.101 (b) revised; (c) added 38673
101-3.102 Revised 38673
101-3.105 Revised 38674
101-3.200 -- 101-3.206 (Subpart 101-3.2) Revised 38674
101-3.207 Added 38675
101-3.300 -- 101-3.306 (Subpart 101-3.3) Removed 38675
101-3.4901 Revised 38675
101-3.4901-1166 Revised 38675
101-3.4901-1166(I) Revised 38675
101-3.4901-1166A Removed 38675
101-3.4901-1166A(I) Removed 38675
101-3.4901-1166A(I-A) Revised 38675
101-3.4901-1209 Revised 38675
101-3.4901-1209(I) Revised 38675
101-3.4901-1209A Removed 38675
101-3.4901-1209A(I) Removed 38675
101-6.1001 (a) revised 41215
101-6.1002 (c) revised 41215
101-6.1007 (b)(2) introductory text and (iii) revised 41215
101-6.1008 (d) added 41215
101-6.1009 (e), (h), and (i) revised; (j) and (k) added 41215
101-6.1011 (a) and (b) revised; (c) added 41216
101-6.1015 (a)(1) revised 41216
101-6.1035 (a) and (b) revised 41216
101-1 -- 101-8 (Subchapter A Appendix) Temporary Reg. A-31 added 29
Temporary Reg. A-27, Rev. 1, Supp. 1 added 9213
Temporary Reg. A-32 added 10543
Temporary Reg. A-29, Supp. 1 removed 12197
Temporary Reg. A-29, Supp. 2 added 12197
Temporary Reg. A-33 added 12448
Temporary Reg. A-30, Supp. 4 added 13189
Temporary Reg. A-34 added 14652
Temporary Reg. A-33 corrected 16194
Temporary Reg. A-24, Rev. 1, and Supp. 1 removed 20354
Temporary Reg. A-30 and Supps. 3 and 4 removed 20354
Temporary Reg. A-31 removed 20354
Removed 20355
Temporary Reg. A-29, Supp. 3 effective date extended to 9-30-90
38675
Temporary Reg. A-33 removed 41244
Temporary Reg. A-32, Supp. 1 added; eff. to 11-9-90 47523
Temporary Reg. A-33, Supp. 1 technical correction 47750
101-17 -- 101-21 (Subchapter D Appendix) Temporary Reg. D-73, Supp.
1 added 6291
101-19.6 Appendix A amended 12628
101-20.313 Revised 15757
101-25 -- 101-34 (Subchapter E Appendix) Temporary Reg. E-90, Supp.
1 added 31030
101-38.101-3 (b) (1), (2), and (3) revised 30892
101-38.102 Heading, (a) through (d), and (h) revised; (i) added
30893
101-38.104-1 (a) introductory text revised 30894
101-38.104-3 Revised 30894
101-38.104-4 (a) and (b) revised 30894
101-38.104-6 Revised 30894
101-38.301-3 Added 30895
101-39.304 Revised 15757
101-40.001 Revised 46244
101-40.101-1 (a) revised 46244
101-40.109-2 (a) and (b) revised 46244
101-40.202 Revised 46245
101-40.203-3 Revised 46245
101-40.203-4 (a) revised 46245
101-40.207 (b) revised 46245
101-41.002 (c) and (d) added 15941
101-41.006 Added 15941
101-41.007 Added 15941
101-41.104 Added 15941
101-41.202 (h) added 15943
101-41.202-2 Revised 15943
101-41.202-5 (a) revised 15943
101-41.4901-1170-1 Added 15493
101-38 -- 101-41 (Subchapter G Appendix) Temporary Reg. G-53 added
15942
Temporary Reg. G-52, Supp. 1 added 42803
Temporary Reg. G-53 corrected 43425
Corrected 43890
101-44 Technical correction 43521
101-44.4701 (c) removed; (d) revised 38676
101-45 Technical correction 43521
101-45.304-2 (a)(1)(i) and (c)(2)(iii) revised 38676
101-45.310 Introductory text revised 38676
101-45.4702 Added 38676
101-47.301-2 (a) revised 12198
101-47.304-9 (a)(1) revised; (d) added 12198
101-47.304-12 (a) and (b) revised 12198
101-47.312 Revised 41245
101-47.4911 Amended 32445
101-42 -- 101-49 (Subchapter H Appendix) Temporary Reg. H-27 added
41099
101-50 Redesignated as 105-68 and heading revised; interim 4962
Technical correction 6363
Redesignation table corrected 18506
41 CFR 101-49.405 1990
41 CFR
55 FR
Page
Chapter 101
101-3.4901-1166A(I-A) Correctly designated 18702
101-1 -- 101-8 (Subchapter A Appendix) Temporary Reg. A-34, Supp. 1
added; eff. to 6-30-90 3740
Temporary Reg. A-32 and Supp. 1 removed 11018
Temporary Reg. A-34 and Supp. 1 removed 11018
101-17 -- 101-21 (Subchapter D Appendix) Temporary Reg. D-73, Supp.
2 added 8465
101-25.302-3 Revised 33120
101-25.302-4 Removed 33120
101-25.302-6 Revised 33120
101-25.403 (a) introductory text and (c)(4) revised 33120
101-25.502-2 (b) revised; (c) added 33121
101-25.503 Removed 33121
101-25.504 (a) and (c) revised; (d) and (d) chart removed 33121
101-25 -- 101-34 (Subchapter E Appendix) Temporary Reg. E-90, Supp.
2 added 33309
101-26.803-1 Revised 24086
101-26.803-2 (j) revised 24086
101-26.803-3 (a)(1) and (b) revised 24086
101-26.803-4 Revised 24086
101-37 -- 101-41 (Subchapter G Appendix) Temporary Reg. G-48, Supp.
3 added; eff. to 6-30-91 32626
Temporary Reg. G-53 Supp. 1 added; eff. to 4-20-91 32627
101-45.304-2 (b) revised 17609
101-45.304-12 Revised 17610
101-45.309-12 Added 19737
101-45.903 (c) and (d) revised 6984
101-46.303 Revised 17611
101-47.303-4 (a) and (b) revised 41189
101-49.001-5 Introductory text revised 3953
41 CFR 101-49.405 1991
41 CFR
56 FR
Page
Chapter 101
101-1 -- 101-8 (Subchapter A Appendix) Temporary Reg. A-27 and Supp.
1 removed 5356
101-5 Heading revised 33873
101-5.000 Revised 33873
101-5.101 Revised 33873
101-5.102 Revised 33873
101-5.104-1 Revised 33873
101-5.104-2 (b) revised 33874
101-5.104-3 (a) revised 33874
101-5.105 (a) revised 33874
101-5.106 (a) and (b) revised 33874
101-5.200 -- 101-5.205-4 (Subpart 101-5.2) Heading revised 33874
101-5.200 Revised 33874
101-5.202 Heading and (a) revised 33874
101-5.203 Heading revised 33874
101-5.203-1 Revised 33874
101-5.203-2 Revised 33874
101-5.203-5 Revised 33874
101-5.203-6 (a), (c) and (d) revised 33875
101-5.203-7 Revised 33875
101-5.204 Heading revised 33875
101-5.204-1 Revised 33875
101-5.204-2 Revised 33875
101-5.204-3 Revised 33875
101-5.205-1 Revised 33875
101-5.205-2 Revised 33875
101-5.205-3 Heading, introductory text, (a) and (c) revised 33875
101-5.205-4 Revised 33876
101-16 -- 101-21 (Subchapter D Appendix) Temporary Reg. D-75 added
42162
Temporary Reg. D-73 and Supp. 2 removed; Temporary Reg. D-76
added 42168
101-26.000 Revised 12455
101-26.100-1 Revised 12455
101-26.100-2 Revised 12455
101-26.100-3 Revised 12456
101-26.102-1 Revised 12456
101-26.105 Revised 12456
101-26.107 Revised 12456
101-26.301 Revised 12457
101-26.302 Revised 12457
101-27.502 (a), (c) and (d) revised 11939
101-27.503 Revised 11939
101-27.503-1 Removed 11939
101-27.503-2 Removed 11939
101-27.504 Revised 11939
101-27.505 (a)(1) revised 11939
101-33 Authority citation revised 21310
101-33.202 Revised 21311
101-37 -- 101-41 (Subchapter G) Heading revised 5356
101-37 Added 5356
101-39.000 Revised 59887
101-39.003 (b) revised 59887
101-39.004 Revised 59887
101-39.100 (e) and (f) revised 59887
101-39.101 Introductory text and (a) revised 59887
101-39.102 (a) revised 59887
101-39.102-1 (b) revised 59887
101-39.104-1 Heading, (a) and (b)(2) revised 59887
101-39.105 Revised 59888
101-39.105-2 (a) revised 59888
101-39.106 Introductory text revised 59888
101-39.107 (a) and (b) revised 59888
101-39.200 -- 101-39.208 (Subpart 101-39.2) Heading revised 59888
101-39.200 Revised 59888
101-39.201 Revised 59888
101-39.202 Revised 59888
101-39.203 Revised 59888
101-39.204 Revised 59888
101-39.205 Removed 59889
101-39.206 Revised 59889
101-39.207 Revised 59889
101-39.208 Revised 59890
101-39.300 -- 101-39.307 (Subpart 101-39.3) Heading revised 59890
101-39.300 Revised 59890
101-39.301 Introductory text and (d) revised 59890
101-39.302 Revised 59890
101-39.303 Revised 59890
101-39.304 Revised 59890
101-30.305 Revised 59890
101-39.306 Introductory text, (d), (g)(1), (2) and (4) revised 59891
101-39.307 Revised 59891
101-39.400 Revised 59891
101-39.401 Introductory text, (a) introductory text, (1), (b) and (c)
revised 59891
101-39.402 Revised 59891
101-39.403 (a), (c) and (d) revised 59891
101-39.404 Revised 59891
101-39.405 Revised 59891
101-39.406 Revised 59892
101-39.4900 -- 101-39.4901 (Subpart 101-39.49) Revised 59892
101-41.807-4 Heading, (a) and (b) revised 40259
101-37 -- 101-41 (Subchapter G Appendix) Temporary Reg. G-54 added
33876
(Subchapter G Appendix) Temporary Reg. G-48, Supp. 4 added;
effective to 6-30-92 65445
101-42 -- 101-49 (Subchapter H Appendix) Temporary Reg. H-27
removed; interim 23794
101-47 Authority citation revised 23794
101-47.202-2 (b)(10) added 15048
101-47.203-7 (h) added 15048
101-47.304-14 Added 15048
101-47.307-2 (d) added 15049
101-47.601 (a) revised 56935
101-47.602 (a) revised 56936
101-47.603 (b) revised 56936
101-47.604 Heading, (a) and (g) revised 56936
101-47.901 -- 101-47.912 (Subpart 101-47.9) Added; interim 23794,
23795
101-47.903 Effective date pending 23794, 23795
101-48.001-3 Revised 40260
101-48.001-10 Added 40260
101-48.100 Revised 40260
101-48.101-2 (d) added 40260
101-48.101-4 (a) and (c) revised 40260
101-48.101-5 (a) introductory text, (1), (c) introductory text,
(d)(1), (5), (6) and (e) revised; (d)(7) added 40260
101-48.101-6 (a) and (d) revised; (f) redesignated as (g) and
revised; new (f) added 40261
101-48.101-7 (a) revised 40261
101-48.101-8 (a) revised 40261
101-48.101-9 Revised 40261
101-48.102-2 (b) revised 40261
101-48.102-3 Revised 40261
101-48.201-2 Revised 40261
101-48.201-3 Revised 40261
101-48.201-4 Revised 40262
101-48.201-5 Revised 40262
101-48.202 Added 40262
101-48.302 (b) revised 40262
101-48.304 Redesignated as 101-48.305; new 101-48.304 added 40262
101-48.305 Redesignated as 101-48.306; new 101-48.305 redesignated
from 101-48.304 and revised 40262
101-48.305-1 Redesignated as 101-48.306-1 40262
101-48.305-2 Redesignated as 101-48.306-2 40262
101-48.306 Redesignated from 101-48.305 and revised 40262
101-48.306-1 Redesignated from 101-48.305-1 and revised 40262
101-48.306-2 Redesignated from 101-48.305-2 and revised 40262
41 CFR 101-49.405 1992
41 CFR
57 FR
Page
Chapter 101
101-26.102.3 Introductory text, (b) and (c) revised 3949
101-26.104 (b) revised 3949
101-26.602 (a) revised 21895
101-26.602-5 Added 21895
101-26.4800 -- 101-26.4801 (Subpart 101-26.48) Removed 3950
101-33.002 (d) added 21895
101-33.003 Revised 21896
101-38.202-4 Revised 24760
101-38.701 Revised 24762
101-37 -- 101-41 (Subchapter G Appendix) Temporary Reg. G-55 added
4373
Temporary Reg. G-54, Supp. 1 added; effective to 11-15-92 26607
41
Public Contracts and Property Management
CHAPTER 101
Revised as of July 1, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
Washington, DC 20402-9328
41 CFR 101-49.405 Table of Contents
Page
Explanation v
Title 41:
Subtitle C -- Federal Property Management Regulations System:
Chapter 101 -- Federal Property Management Regulations
Finding Aids:
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
Redesignation Table
List of CFR Sections Affected
41 CFR 101-49.405 Explanation
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16 as of January 1
Title 17 through Title 27 as of April 1
Title 28 through Title 41 as of July 1
Title 42 through Title 50 as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, July 1, 1992), consult the ''List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ''Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal
agencies to display an OMB control number with their information
collection request. Many agencies have begun publishing numerous OMB
control numbers as amendments to existing regulations in the CFR. These
OMB numbers are placed as close as possible to the applicable
recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected,
1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes.
For the period beginning January 1, 1986, a ''List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ''Title 3 -- The President'' is carried
within that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ''Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES AND SALES
For a summary, legal interpretation, or other explanation of any
regulation in this volume, contact the issuing agency. Inquiries
concerning editing procedures and reference assistance with respect to
the Code of Federal Regulations may be addressed to the Director, Office
of the Federal Register, National Archives and Records Administration,
Washington, DC 20408 (telephone 202-512-1557). All mail order sales are
handled exclusively by the Superintendent of Documents, Attn: New
Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may
be telephoned to the Government Printing Office order desk at
202-783-3238.
Martha L. Girard,
Director,
Office of the Federal Register.
July 1, 1992.
41 CFR 101-49.405 THIS TITLE
Title 41 -- Public Contracts and Property Management consists of
subtitle A -- Federal Procurement Regulations System (Note); subtitle B
-- Other Provisions Relating to Public Contracts; subtitle C -- Federal
Property Management Regulations System; subtitle D is reserved for
other provisions relating to property management, subtitle E -- Federal
Information Resources Management Regulations System and subtitle F --
Federal Travel Regulation System.
As of July 1, 1985, the text of subtitle A is no longer published in
the Code of Federal Regulations. For an explanation of the status of
subtitle A, see 41 CFR chapters 1 -- 100 (page 2).
Other government-wide procurement regulations relating to public
contracts appear in chapters 50 through 100, subtitle B.
The Federal property management regulations in chapter 101 of
subtitle C are government-wide property management regulations issued by
the General Services Administration. In the remaining chapters of
subtitle C are the implementing and supplementing property management
regulations issued by individual Government agencies. Those regulations
which implement chapter 101 are numerically keyed to it.
The Federal Information Resources Management Regulations in chapter
201 of subtitle E and the Federal Travel Regulation System in chapters
301 -- 304 of subtitle F are issued by the General Services
Administration.
Title 41 is composed of four volumes. The chapters in these volumes
are arranged as follows: chapters 1 -- 100, chapter 101, chapters 102
-- 200, and chapter 201 to End. These volumes represent all current
regulations codified under this title of the CFR as of July 1, 1992.
Redesignation tables appear in the finding aids section of the
volumes containing chapter 101, and chapters 102 to 200.
For this volume Rob Sheehan was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Richard L.
Claypoole, assisted by Alomha S. Morris.
41 CFR 0.0 41 CFR Ch. 101 (7-1-92 Edition)
41 CFR 0.0 Federal Property Management Regulations
41 CFR 0.0 Title 41 -- Public Contracts and Property Management
41 CFR 0.0 (This book contains Chapters 102 to 200)
Part
SUBTITLE C -- Federal Property Management Regulations System
(Continued):
Chapters 102-104 (Reserved)
Chapter 105 -- General Services Administration 105-1
Chapter 109 -- Department of Energy Property Management Regulations
109-1
Chapter 114 -- Department of the Interior 114-1
Chapter 115 -- Environmental Protection Agency 115-1
Chapter 128 -- Department of Justice 128-1
Chapter 132 -- Department of the Air Force 132-47
SUBTITLE D -- Other Provisions Relating to Property Management
(Reserved)
41 CFR 0.0 41 CFR Ch. 101 (7-1-92 Edition)
41 CFR 0.0 Federal Property Management Regulations
41 CFR 0.0 Subtitle C -- Federal Property Management Regulations System (Continued)
41 CFR 0.0 CHAPTERS 102-104 (RESERVED)
41 CFR 0.0 41 CFR Ch. 105 (7-1-92 Edition)
41 CFR 0.0 General Services Administration
41 CFR 0.0 CHAPTER 105 -- GENERAL SERVICES ADMINISTRATION
Part
Page
105-1 Introduction
105-8 Enforcement of nondiscrimination on the basis of handicap in
programs or activities conducted by General Services Administration
105-50 Provision of special or technical services to State and local
units of government
105-51 Uniform relocation assistance and real property acquisition
for Federal and federally-assisted programs
105-53 Statement of organization and functions
105-54 Advisory committee management
105-55 Collection of claims owed the United States
105-56 Salary offset for indebtedness of General Services
Adminstration employees to the United States
105-60 Public availability of agency records and informational
materials
105-62 Document security and declassification
105-64 Regulations implementing the Privacy Act of 1974
105-67 Sale of personal property
105-68 Governmentwide debarment and suspension (nonprocurement) and
governmentwide requirements for drug-free workplace (grants)
105-69 New restrictions on lobbying
105-70 Implementation of the Program Fraud Civil Remedies Act of 1986
105-735 Standards of conduct
41 CFR 0.0
41 CFR 0.0 41 CFR Ch. 105 (7-1-92 Edition)
41 CFR 0.0 General Services Administration
41 CFR 0.0 PART 105-1 -- INTRODUCTION
Sec.
105-1.000-50 Scope of part.
41 CFR 0.0 Subpart 105-1.1 -- Regulations System
105-1.100 Scope of subpart.
105-1.101 General Services Administration Property Management
Regulations.
105-1.101-50 Exclusions.
105-1.102 Relationship of GSPMR to FPMR.
105-1.104 Publication of GSPMR.
105-1.106 Applicability.
105-1.109 Numbering.
105-1.109-50 General plan.
105-1.109-51 Arrangement.
105-1.109-52 Cross-references.
105-1.110 Deviation.
105-1.150 Citation.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 39 FR 25231, July 9, 1974, unless otherwise noted.
41 CFR 105-1.000-50 Scope of part.
This part describes the method by which the General Services
Administration (GSA) implements and supplements the Federal Property
Management Regulations (FPMR) and implements certain regulations
prescribed by other agencies. It contains procedures that implement and
supplement Part 101-1 of the FPMR.
41 CFR 105-1.000-50 Subpart 105-1.1 -- Regulations System
41 CFR 105-1.100 Scope of subpart.
This subpart establishes the General Services Administration Property
Management Regulations (GSPMR) and provides certain introductory
material.
41 CFR 105-1.101 General Services Administration Property Management
Regulations.
The General Services Administration Property Management Regulations
(GSPMR) include the GSA property management policies and procedures
which, together with the Federal Property Management Regulations,
certain regulations prescribed by other agencies, and various GSA orders
govern the management of property and records and certain related
activities of GSA. They may contain policies and procedures of interest
to other agencies and the general public and are prescribed by the
Administrator of General Services in this chapter 105.
41 CFR 105-1.101-50 Exclusions.
(a) Certain GSA property management and related policies and
procedures which come within the scope of this chapter 105 nevertheless
may be excluded therefrom when there is justification. These exclusions
may include the following categories:
(1) Subject matter that bears a security classification;
(2) Policies and procedures that are expected to be effective for a
period of less than 6 months;
(3) Policies and procedures that are effective on an experimental
basis for a reasonable period;
(4) Policies and procedures pertaining to other functions of GSA as
well as property management functions and there is need to make the
issuance available simultaneously to all GSA employees involved; and
(5) Where speed of issuance is essential, numerous changes are
required in chapter 105, and all necessary changes cannot be made
promptly.
(b) Property management policies and procedures issued in other than
the FPMR system format under paragraphs (a)(4) and (5) of this section,
shall be codified into chapter 105 at the earliest practicable date, but
in any event not later than 6 months from date of issuance.
41 CFR 105-1.102 Relationship of GSPMR to FPMR.
(a) GSPMR implement and supplement the FPMR and implement certain
other regulations. They are part of the General Services Administration
Regulations System. Material published in the FPMR (which has
Governmentwide applicability) becomes effective throughout GSA upon the
effective date of the particular FPMR material. In general, the FPMR
that are implemented and supplemented shall not be repeated,
paraphrased, or otherwise restated in chapter 105.
(b) Implementing is the process of expanding upon the FPMR or other
Government-wide regulations. Supplementing is the process of
prescribing material for which there is no counterpart in the
Government-wide regulations.
(c) GSPMR may deviate from the regulations that are implemented when
a deviation (see 105-1.110) is authorized in and explicitly referenced
to such regulations. Where chapter 105 contains no material
implementing the FPMR, the FPMR shall govern.
41 CFR 105-1.104 Publication of GSPMR.
(a) Most GSPMR are published in the Federal Register. This practice
helps to ensure that interested business concerns, other agencies, and
the public are apprised of GSA policies and procedures pertaining to
property and records management and certain related activities.
(b) Most GSPMR are published in cumulative form in Chapter 105 of
title 41 of the Code of Federal Regulations. The Federal Register and
title 41 of the Code of Federal Regulations may be purchased from the
Superintendent of Documents, Government Printing Office, Washington, D.
C. 20402.
41 CFR 105-1.106 Applicability.
Chapter 105 applies to the management of property and records and to
certain other programs and activities of GSA. Unless otherwise
specified, chapter 105 applies to activities outside as well as within
the United States.
41 CFR 105-1.109 Numbering.
41 CFR 105-1.109-50 General plan.
Chapter 105 is divided into parts, subparts, and further subdivisions
as necessary.
41 CFR 105-1.109-51 Arrangement.
(a) Parts 105-2 through 105-49 are used for GSPMR that implement
regulations in the corresponding parts of chapter 101. This practice
results in comparable grouping by subject area without establishment of
subchapters.
(b) Parts 105-50 and above are used for GSPMR that supplement
regulations in the FPMR and implement regulations of other agencies.
Part numbers are assigned so as to accomplish a similar subject area
grouping. Regulations on advisory committee management are recodified
as part 105-54 to place them in the appropriate subject area category.
Regulations on standards of conduct remain in part 105-735 because the
number 735 identifies regulations of the U.S. Civil Service Commission
and various civil agencies on this subject.
41 CFR 105-1.109-52 Cross-references.
(a) Within chapter 105, cross-references to the FPMR shall be made in
the same manner as used within the FPMR. Illustrations of
cross-references to the FPMR are:
(1) Part 101-3;
(2) Subpart 101-3.1;
(3) 101-3.413-5.
(b) Within chapter 105, cross-references to parts, subparts,
sections, and subsections of chapter 105 shall be made in a manner
generally similar to that used in making cross-references to the FPMR.
For example, this paragraph would be referenced as 105-1.109-52(b).
41 CFR 105-1.110 Deviation.
(a) In the interest of establishing and maintaining uniformity to the
greatest extent feasible, deviations; i.e., the use of any policy or
procedure in any manner that is inconsistent with a policy or procedure
prescribed in the Federal Property Management Regulations, are
prohibited unless such deviations have been requested from and approved
by the Administrator of General Services or his authorized designee.
Deviations may be authorized by the Administrator of General Services or
his authorized designee when so doing will be in the best interest of
the Government. Request for deviations shall clearly state the nature
of the deviation and the reasons for such special action.
(b) Requests for deviations from the FPMR shall be sent to the
General Services Administration for consideration in accordance with the
following:
(1) For onetime (individual) deviations, requests shall be sent to
the address provided in the applicable regulation. Lacking such
direction, requests shall be sent to the Administrator of General
Services, Washington, DC 20405.
(2) For class deviations, requests shall be sent to only the
Administrator of General Services.
(55 FR 1673, Jan. 18, 1990)
41 CFR 105-1.150 Citation.
(a) In formal documents, such as legal briefs, citations of chapter
105 material shall include a citation to title 41 of the Code of Federal
Regulations or other titles as appropriate; e.g., 41 CFR 105-1.150.
(b) Any section of Chapter 105, for purpose of brevity, may be
informally identified as ''GSPMR'' followed by the section number. For
example, this paragraph would be identified as ''GSPMR 105-1.150(b).''
41 CFR 105-1.150 PART 105-8 -- ENFORCEMENT OF NONDISCRIMINATION ON THE
BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY GENERAL
SERVICES ADMINISTRATION
Sec.
105-8.101 Purpose.
105-8.102 Application.
105-8.103 Definitions.
105-8.104 -- 105-8.109 (Reserved)
105-8.110 Self-evaluation.
105-8.111 Notice.
105-8.112 -- 105-8.129 (Reserved)
105-8.130 General prohibitions against discrimination.
105-8.131 -- 105-8.39 (Reserved)
105-8.140 Employment.
105-8.141 -- 105-8.147 (Reserved)
105-8.148 Consultation with the Architectural and Transportation
Barriers Compliance Board.
105-8.149 Program accessibility: Discrimination prohibited.
105-8.150 Program accessibility: Existing facilities.
105-8.150-1 General.
105-8.150-2 Methods.
105-8.150-3 Time period for compliance.
105-8.150-4 Transition plan.
105-8.151 Program accessibility: New construction and alterations.
105-8.152 Program accessibility: Assignment of space.
105-8.153 Program accessibility: Interagency cooperation.
105-8.153-1 General.
105-8.153-2 Requests from occupant agencies.
105-8.154 Program accessibility: Exceptions.
105-8.155 -- 105-8.159 (Reserved)
105-8.160 Communications.
105-8.161 -- 105-8.169 (Reserved)
105-8.170 Compliance procedures.
105-8.170-1 Applicability.
105-8.170-2 Employment complaints.
105-8.170-3 Responsible Official.
105-8.170-4 Filing a complaint.
105-8.170-5 Notification to the Architectural and Transportation
Barriers Compliance Board.
105-8.170-6 Acceptance of complaint.
105 8.170-7 Investigation/conciliation.
105-8.170-8 Letter of findings.
105-8.170-9 Filing an appeal.
105-8.170-10 Acceptance of appeals.
105-8.170-11 Hearing.
105-8.170-12 Decision.
105-8.170-13 Delegation.
105-8.171 Complaints against an occupant agency.
Authority: 29 U.S.C. 794.
Source: 56 FR 9871, Mar. 8, 1991, unless otherwise noted.
41 CFR 105-8.101 Purpose.
The purpose of this part is to effectuate section 119 of the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, which amended section 504 of the Rehabilitation Act
of 1973 to prohibit discrimination on the basis of handicap in programs
or activities conducted by Executive agencies or the United States
Postal Service.
41 CFR 105-8.102 Application.
This part applies to all programs or activities conducted by the
agency, except for programs or activities conducted outside the United
States that do not involve individuals with handicaps in the United
States.
41 CFR 105-8.103 Definitions.
For purposes of this part, the term --
Agency means the General Services Administration (GSA), except when
the context indicates otherwise.
Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in and enjoy the benefits of programs or
activities conducted by GSA. For example, auxiliary aids useful for
persons with impaired vision include readers, Brailed materials, audio
recordings, and other similar services and devices. Auxiliary aids
useful for persons with impaired hearing include telephone handset
amplifiers, telephones compatible with hearing aids, telecommunication
devices for deaf persons (TDD's), interpreters, notetakers, written
materials, and other similar services and devices.
Complete complaint means a written statement that contains the
complainant's name and address and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency of the
nature and date of the alleged violation of section 504. It shall be
signed by the complainant or by someone authorized to do so on his or
her behalf. Complaints filed on behalf of classes or third parties
shall describe or identify (by name, if possible) the alleged victims of
discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Historic preservation program means programs conducted by the agency
that have preservation of historic properties as a primary purpose.
Historic properties means those properties that are listed or
eligible for listing in the National Register of Historic Places or
properties designated as historic under a statute of the appropriate
State or local government body.
Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment. As used in this definition, the phrase:
(1) Physical or mental impairment includes --
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
Neurological musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term ''Physical or mental
impairment'' includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech, and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional illness,
and drug addiction and alcoholism.
(2) Major life activities includes functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or has
been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means --
(i) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (a) of this
definition but is treated by the agency as having such an impairment.
Official or Responsible Official means the Director of the Civil
Rights Division of the General Services Administration or his or her
designee.
Qualified individual with handicaps means --
(1) With respect to any agency program or activity under which a
person is required to perform services or to achieve a level of
accomplishment, an individual with handicaps who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
agency can demonstrate would result in a fundamental alteration in its
nature;
(2) With respect to any other program or activity, an individual with
handicaps who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or activity;
and
(3) Qualified handicapped person as that term is defined for purposes
of employment in 29 CFR 1613.702(f), which is made applicable to this
part by 105-8.140.
Respondent means the organizational unit in which a complainant
alleges that discrimination occurred.
Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub.
L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617);
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and
the Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat.
1810); the Civil Rights Restoration Act of 1987 (Pub. L. 100-259, 102
Stat. 28); and Handicapped Program Technical Amendments Act of 1988
(Pub. L. 100-630, 102 Stat. 3312). As used in this part, section 504
applies only to programs or activities conducted by the agency and not
to federally assisted programs.
Substantial impairment means a significant loss of the integrity of
finished materials, design quality, or special character resulting from
a permanent alteration of historic properties.
41 CFR 105-8.104 -- 105-8.109 (Reserved)
41 CFR 105-8.110 Self-evaluation.
(a) The agency shall, by March 9, 1992, evaluate its current policies
and practices, and the effects thereof, that do not or may not meet the
requirements of this part, and, to the extent modification of any such
policies and practices is required, the agency shall proceed to make the
necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including individuals with handicaps or organizations representing
individuals with handicaps, to participate in the self-evaluation
process by submitting comments (both oral and written).
(c) The agency shall, for at least three years following completion
of the self-evaluation, maintain on file and make available for public
inspection:
(1) A list of interested persons consulted;
(2) A description of the areas examined and any problems identified
and;
(3) A description of any modifications made or to be made.
41 CFR 105-8.111 Notice.
The agency shall make available to employees, applicants,
participants, beneficiaries, and other interested persons such
information regarding the provisions of this part and its applicability
to the programs or activities conducted by the agency, and make such
information available to them in such manner as the Administrator finds
necessary to apprise such persons of the protections against
discrimination assured them by section 504 and this part.
41 CFR 105-8.112 -- 105-8.129 (Reserved)
41 CFR 105-8.130 General prohibitions against discrimination.
(a) No qualified individual with handicaps shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity conducted by the agency.
(1) The agency, in providing any aid, benefit, or service, may not,
directly or through contractual, licensing, or other arrangements, on
the basis of handicap --
(i) Deny a qualified individual with handicaps the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualified individual with handicaps an opportunity to
participate in or benefit from aid, benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified individual with handicaps with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
individuals with handicaps or to any class of individuals with handicaps
than is provided to others unless such action is necessary to provide
qualified individuals with handicaps with aid, benefits, or services
that are as effective as those provided to others;
(v) Deny a qualified individual with handicaps the opportunity to
participate as a member of planning or advisory boards; or
(vi) Otherwise limit a qualified individual with handicaps in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2) The agency may not deny a qualified individual with handicaps the
opportunity to participate in programs or activities that are not
separate or different, despite the existence of permissibly separate or
different programs or activities.
(3) The agency may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the purpose
or effect of which would --
(i) Subject qualified individuals with handicaps to discrimination on
the basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to individuals with handicaps.
(4) The agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would --
(i) Exclude individuals with handicaps from, deny them the benefits
of, or otherwise subject them to discrimination under any program or
activity conducted by the agency; or
(ii) Defeat or substantially impair the accomplishment of the
objectives of a program or activity with respect to individuals with
handicaps.
(5) The agency, in the selection of procurement contractors, may not
use criteria that subject qualified individuals with handicaps to
discrimination on the basis of handicap.
(6) The agency may not administer a licensing or certification
program in a manner that subjects qualified individuals with handicaps
to discrimination on the basis of handicap, nor may the agency establish
requirements for the programs or activities of licenses or certified
entities that subject qualified individuals with handicaps to
discrimination on the basis of handicap. However, the programs or
activities of entities that are licensed or certified by the agency are
not, themselves, covered by part.
(b) The exclusion of persons without handicaps from the benefits of a
program limited by Federal statute or Executive order to individuals
with handicaps or the exclusion of a specific class of individuals with
handicaps from a program limited by Federal statute or Executive order
to a different class of individuals with handicaps is not prohibited by
this part.
(c) The agency shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified individuals
with handicaps.
41 CFR 105-8.131 -- 105-8.139 (Reserved)
41 CFR 105-8.140 Employment.
No qualified individual with handicaps shall, on the basis of
handicap, be subjected to discrimination in employment under any program
or activity conducted by the agency. The definitions, requirements, and
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791), as established by the Equal Employment Opportunity Commission in
29 CFR part 1613, shall apply to employment in federally conducted
programs or activities.
41 CFR 105-8.141 -- 105-8.147 (Reserved)
41 CFR 105-8.148 Consultation with the Architectural and Transportation
Barriers Compliance Board.
GSA shall consult with the Architectural and Transportation Barriers
Compliance Board (ATBCB) in carrying out its responsibilities under this
part concerning architectural barriers in facilities that are subject to
GSA control. GSA shall also consult with the ATBCB in providing
technical assistance to other Federal agencies with respect to
overcoming architectural barriers in facilities. The agency's Public
Buildings Service shall implement this section.
41 CFR 105-8.149 Program accessibility: Discrimination prohibited.
Except as otherwise provided in 105-8.150 and 105-8.154, no qualified
individual with handicaps shall, because the agency's facilities are
inaccessible to or unusable by individuals with handicaps, be denied the
benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any program or activity conducted by
the agency.
41 CFR 105-8.150 Program accessibility: Existing facilities.
41 CFR 105-8.150-1 General.
The agency shall operate each program or activity so that the program
or activity, when viewed in its entirety, is readily accessible to and
usable by individuals with handicaps. This section does not --
(a) Necessarily require the agency to make each of its existing
facilities accessible to and usable by individuals with handicaps; or
(b) In the case of historic preservation programs, require the agency
to take any action that would result in a substantial impairment of
significant historic features of an historic property.
41 CFR 105-8.150-2 Methods.
(a) General. The agency may comply with the requirements of
105-8.150 through such means as redesign of equipment, reassignment of
services to accessible buildings, assignment of aides to beneficiaries,
home visits, delivery of services at alternate accessible sites,
alteration of existing facilities and construction of new facilities,
use of accessible rolling stock, or any other methods that result in
making its programs or activities readily accessible to and usable by
individuals with handicaps. The agency is not required to make
structural changes in existing facilities where other methods are
effective in achieving compliance with this section. The agency, in
making alterations to existing buildings, shall meet accessibility
requirements to the extent compelled by the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151-4157), and any regulations
implementing it. In choosing among available methods for meeting the
requirements of this section, the agency shall give priority to those
methods that offer programs and activities to qualified individuals with
handicaps in the most integrated setting appropriate.
(b) Historic preservation programs. In meeting the requirements of
105-8.105-1 in historic preservation programs, the agency shall give
priority to methods that provide physical access to individuals with
handicaps. In cases where a physical alteration to a historic property
is not required because of 105-8.105-1(b) or 105-8.154 alternative
methods of achieving program accessibility include --
(1) Using audio-visual materials and devices to depict those portions
of a historic property that cannot otherwise be made accessible;
(2) Assigning persons to guide individuals with handicaps into or
through portions of historic properties that cannot otherwise be made
accessible; or
(3) Adopting other innovative methods.
41 CFR 105-8.150-3 Time period for compliance.
The agency shall comply with the obligations established under
105-8.150 by May 7, 1991; except where structural changes in facilities
are undertaken, such changes shall be made by March 8, 1994, but in any
event as expeditiously as possible.
41 CFR 105-8.150-4 Transition plan.
In the event that structural changes to facilities will be undertaken
to achieve program accessibility, the agency shall develop, by March 9,
1992; the transition plan setting forth the steps necessary to complete
such changes. The agency shall provide an opportunity to interested
persons, including individuals with handicaps or organizations
representing individuals with handicaps, to participate in the
development of the transition plan by submitting comments (both oral and
written). A copy of the transition plan shall be made available for
public inspection. The plan shall, at a minimum --
(a) Identify physical obstacles in the facilities occupied by GSA
that limit the accessibility of its programs or activities to
individuals with handicaps;
(b) Describe in detail the methods that will be used to make the
facilities accessible;
(c) Specify the schedule for taking the steps necessary to achieve
compliance with 105-8.150 and, if the time period of the transition plan
is longer than one year, identify steps that will be taken during each
year of the transition period; and
(d) Indicate the official responsible for implementation of the plan.
41 CFR 105-8.151 Program accessibility: New construction and
alterations.
Each building or part of a building that is constructed or altered
by, on behalf of, of for the use of the agency shall be designed,
constructed, or altered so as to be readily accessible to and usable by
individuals with handicaps. The definitions, requirements, and
standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as
established in 41 CFR 101-19.600 to 101-19.607, apply to buildings
covered by this section.
41 CFR 105.8.152 Program accessibility: Assignment of space.
(a) When GSA assigns or reassigns space to an agency, it shall
consult with the agency to ensure that the assignment or reassignment
will not result in one or more of the agency's programs or activities
being inaccessible to individuals with handicaps.
(b) Prior to the assignment or reassignment of space to an agency,
GSA shall inform the agency of the accessibility, and/or the absence of
accessibility features, of the space in which GSA intends to locate the
agency. If the agency informs GSA that the use of the space will result
in one or more of the agency's programs being inaccessible, GSA shall
take one or more of the following actions to make the programs
accessible:
(1) Arrange for alterations, improvements, and repairs to buildings
and facilities;
(2) Locate and provide alternative space that will not result in one
or more of the agency's programs being inaccessible; or
(3) Take any other actions that result in making this agency's
programs accessible.
The responsibility for payment to make the physical changes in the
space shall be assigned on a case-by-case basis as agreed to by GSA and
the user agency, dependent on individual circumstances.
(c) GSA may not require the agency to accept space that results in
one or more of the agency's programs being inaccessible.
41 CFR 105-8.153 Program accessibility: Interagency cooperation.
41 CFR 105-8.153-1 General.
GSA, upon request from an occupant agency engaged in the development
of a transition plan under section 504, shall participate with the
occupant agency in the development and implementation of the transition
plan and shall provide information and guidance to the occupant agency.
Upon request, GSA shall conduct space inspections to assist the agency
in determining whether a current assignment of space results in one or
more of the occupant agency's programs or activities being inaccessible.
GSA shall provide the occupant agency with a written summary of
significant findings and recommendations, together with data concerning
programmed repairs and alterations planned by GSA and alterations that
can be effected by the agency.
41 CFR 105-8.153-2 Requests from occupant agencies.
(a) Upon receipt of an occupant agency's request for new space,
additional space, relocation to accessible space, alterations, or other
actions under GSA's control that are needed to ensure program
accessibility in the requesting agency's program(s) as required by the
agency's section 504 transition plan, GSA shall assist or advise the
requesting agency in providing or arranging for the requested action
within the timeframes specified in the requesting agency's transition
plan.
(b) If the requested action cannot be completed within the time frame
specified in an agency's transition plan, GSA shall so advise the
requesting agency within 30 days of the request by submitting, after
consultation with the agency, a revised schedule specifying the date by
which the action shall be completed. If the delay in completing the
action results in or continues the inaccessibility of the requesting
agency's program, GSA and the agency shall, after consultation, take
interim measures to make the agency's program accessible.
(c) If GSA determines that it is unable to take the requested action,
GSA shall --
(1) Within 30 days, set forth in writing to the requesting agency the
reasons for denying the agency's request, and
(2) Within 90 days, propose to the requesting agency other methods
for making the agency's program accessible.
(d) Receipt of a copy of an occupant agency's transition plan under
section 504 shall constitute notice to GSA of the requested actions in
the transition plan and of the times frames which the actions are
required to be completed.
41 CFR 105-8.154 Program accessibility: Exceptions.
Sections 105-8.150, 105-8.152, and 105-8.153 do not require GSA to
take any action that it can demonstrate would result in a fundamental
alteration in the nature of a program or activity or in undue financial
and administrative burdens. In those circumstances where GSA personnel
believe that the proposed action would fundamentally alter the program
or activity or would result in undue financial and administrative
burdens, the agency has the burden of proving that compliance would
result in such alteration or burdens. The decision that compliance
would result in such alteration or burdens must be made by the
Administrator or his or her designee after considering all resources
available for use in the funding and operation of the conducted program
or activity, and must be accompanied by a written statement of the
reasons for reaching that conclusion. If an action would result in such
an alteration or such burdens, the agency shall take any other action
that would not result in such an alteration or such burdens but would
nevertheless ensure that individuals with handicaps receive the benefits
and services of the program or activity.
41 CFR 105-8.155 -- 105-8.159 (Reserved)
41 CFR 105-8.160 Communications.
(a) The agency shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other Federal
entities, and members of the public.
(1) The agency shall furnish appropriate auxiliary aids where
necessary to afford an individual with handicaps an equal opportunity to
participate in, and enjoy the benefits of, a program or activity
conducted by the agency.
(i) In determining what type of auxiliary aid is necessary, the
agency shall give primary consideration to the requests of the
individual with handicaps.
(ii) The agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the agency communicates with applicants and beneficiaries
by telephone, telecommunication devices for deaf persons (TDD) or
equally effective telecommunication systems shall be used to communicate
with persons with impaired hearing.
(b) The agency shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The agency shall provide signage at a primary entrance to each of
its inaccessible facilities, directing users to a location at which they
can obtain information about accessible facilities. The international
symbol for accessibility shall be used at each primary entrance of an
accessible facility.
(d) This section does not require the agency to take any action that
it can demonstrate would result in a fundamental alteration in the
nature of a program or activity or in undue financial and administrative
burdens. In those circumstances where agency personnel believe that the
proposed action would fundamentally alter the program or activity or
would result in undue financial and administrative burdens, the agency
has the burden of proving that compliance with 150.8.160 would result in
such alteration or burdens. The decision that compliance would result
in such alteration or burdens must be made by the Administrator or his
or her designee after considering all agency resources available for use
in the funding and operation of the conducted program or activity and
must be accompanied by a written statement of the reasons for reaching
that conclusion. If an action required to comply with 105-8.160 would
result in such an alteration or such burdnes, the agency shall take any
other action that would not result in such an alteration or such burdens
but would nevertheless ensure that, to the maximum extent possible,
individuals with handicaps receive the benefits and services of the
program or activity.
41 CFR 105-8.161 -- 105-8.169 (Reserved)
41 CFR 105-8.170 Compliance procedures.
41 CFR 105-8.170-1 Applicability.
Except as provided in 105-8.170-2, 105-8.170 through 105-8.170-13
apply to all allegations of discrimination on the basis of handicap in
programs or activities conducted by the agency.
41 CFR 105-8.170-2 Employment complaints.
The agency shall process complaints alleging violations of section
504 with respect to employment according to the procedures established
by the Equal Employment Opportunity Commission in 29 CFR part 1613
pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. S
791).
41 CFR 105-8.170-3 Responsible Official.
The Responsible Official shall coordinate implementation of
105-8.170 through 105-8.170-13.
41 CFR 105-8.170-4 Filing a complaint.
(a) Who may file a complaint. Any person who believes that he or she
has been subjected to discrimination prohibited by this part may by him
or herself or by his or her authorized representative file a complaint
with the Official. Any persons who believes that any specific class of
persons has been subjected to discrimination prohibited by this part and
who is a member of that class or the authorized representative of a
member of that class may file a complaint with the Official.
(b) Confidentiality. The Official shall hold in confidence the
identity of any person submitting a complaint, unless the person submits
written authorization otherwise, and except to the extent necessary to
carry out the purposes of this part, including the conduct of any
investigation, hearing, or proceeding under this part.
(c) When to file. Complaints shall be filed within 180 days of the
alleged act of discrimination. The Official may extend this time limit
for good cause shown. For purposes of determining when a complaint is
timely filed under this section, a complaint mailed to the agency shall
be deemed filed on the date it is postmarked. Any other complaint shall
be deemed filed on the date it is recevied by the agency.
(d) How to file. Complaints may be delivered or mailed to the
Administrator, the Responsibile Official, or other agency officials.
Complaints should be sent to the Director of Civil Rights, Civil Rights
Division (AKC), General Services Administration, 18th and F Streets,
NW., Washington, DC 20405. If any agency official other than the
Official receives a complaint, he or she shall forward the complaint to
the Official immediatley.
41 CFR 105-8.170-5 Notification to the Architectural and Transportation
Barriers Compliance Board.
The agency shall prepare and forward comprehensive quarterly reports
to the Architectural and Transportation Barriers Compliance Board
containing information regarding complaints received alleging that a
building or facility that is subject to the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to
and usable by individuals with handicaps. The agency shall not include
in the report the identity of any complainant.
41 CFR 105-8.170-6 Acceptance of complaint.
(a) The Official shall accept a complete complaint that is filed in
accordance with 105-8.170-4 and over which the agency has jurisdiction.
The Official shall notify the complainant and the respondent of receipt
and acceptance of the complaint.
(b) If the Official receives a complaint that is not complete, he or
she shall notify the complainant within 30 days of receipt of the
incomplete complaint that additional information is needed. If the
complainant fails to complete the complaint within 30 days of receipt of
this notice, the Official shall dismiss the complaint without prejudice.
(c) The Official may reject a complaint, or a position thereof, for
any of the following reasons:
(1) It was not filed timely and the extension of the 180-day period
as provided in 105-8.170-4(c) is denied;
(2) It consists of an allegation identical to an allegation contained
in a previous complaint filed on behalf of the same complainant(s) which
is pending in the agency or which has been resolved or decided by the
agency; or
(3) It is not within the purview of this part.
(d) If the Official receives a complaint over which the agency does
not have jurisdiction, the Official shall promptly notify the
complainant and shall make reasonable efforts to refer the complaint to
the appropriate Government entity.
41 CFR 105-8.170-7 Investigation/conciliation.
(a) Within 180 days of the receipt of a complete complaint, the
Official shall complete the investigation of the complaint, attempt
informal resolution, and if no informal resolution is achieved, issue a
letter of findings. The 180-day time limit may be extended with the
permission of the Assistant Attorney General. The investigation should
include, where appropriate, a review of the practices and policies that
led to the filing of the complaint, and other circumstances under which
the possible noncompliance with this part occurred.
(b) The Official may require agency employees to cooperate in the
investigation and attempted resolution of complaints. Employees who are
required by the Official to participate in any investigation under this
section shall do so as part of their official duties and during the
course of regular duty hours.
(c) The Official shall furnish the complainant and the respondent a
copy of the investigative report promptly after receiving it from the
investigator and provide the complainant and the respondent with an
opportunity for informal resolution of the complaint.
(d) If a complaint is resolved informally, the terms of the agreement
shall be reduced to writing and signed by the complainant and
respondent. The agreement shall be made part of the complaint file with
a copy of the agreement provided to the complainant and the respondent.
The written agreement may include a finding on the issue of
discrimination and shall describe any corrective action to which the
complainant and the respondent have agreed.
(e) The written agreement shall remain in effect until all corrective
actions to which the complainant and the respondent have agreed upon
have been completed. The complainant may reopen the complaint in the
event that the agreement is not carried out.
41 CFR 105-8.170-8 Letter of findings.
If an informal resolution of the complaint is not reached, the
Official shall, within 180 days of receipt of the complete complaint,
notify the complainant and the respondent of the results of the
investigation in a letter sent by certified mail, return receipt
requested. The letter shall contain, at a minimum, the following:
(a) Findings of fact and conclusions of law;
(b) A description of a remedy for each violation found;
(c) A notice of the right of the complainant and the respondent to
appeal to the Special Counsel for Ethics and Civil Rights; and
(d) A notice of the right of the complainant and the respondent to
request a hearing.
41 CFR 105-8.170-9 Filing an appeal.
(a) Notice of appeal to the Special Counsel for Ethics and Civil
Rights, with or without a request for hearing, shall be filed by the
complainant or the respondent with the Responsible Official within 30
days of receipt of the letter of findings required by
105-8.170-7.
(b) If a timely appeal without a request for hearing is filed by a
party, any other party may file a written request for a hearing within
the time limit specified in 105-8.170-9(a) or within 10 days of the date
on which the first timely appeal without a request for hearing was
filed, whichever is later.
(c) If no party requests a hearing, the Responsible Official shall
promptly transmit the notice of appeal and investigative record to the
Special Counsel for Ethics and Civil Rights.
(d) If neither party files an appeal within the time prescribed in
105-8.170-9(a) the Responsible Official shall certify, at the expiration
of the time, that the letter of findings is the final agency decision on
the complaint.
41 CFR 105-8.170-10 Acceptance of appeals.
The Special Counsel shall accept and process any timely appeal. A
party may appeal to the Deputy Administrator from a decision of the
Special Counsel that an appeal is untimely. This appeal shall be filed
within 15 days of receipt of the decision from the Special Counsel.
41 CFR 105-8.170-11 Hearing.
(a) Upon a timely request for a hearing, the Special Counsel shall
take the necessary action to obtain the services of an Administrative
law judge (ALJ) to conduct the hearing. The ALJ shall issue a notice to
all parties specifying the date, time, and place of the scheduled
hearing. The hearing shall be commenced no earlier than 15 days after
the notice is issued and no later than 60 days after the request for a
hearing is filed, unless all parties agree to a different date, or there
are other extenuating circumstances.
(b) The complainant and respondent shall be parties to the hearing.
Any interested person or organization may petition to become a party or
amicus curiae. The ALJ may, in his or her discretion, grant such a
petition if, in his or her opinion, the petitioner has a legitimate
interest in the proceedings and the participation will not unduly delay
the outcome and may contribute materially to the proper disposition of
the proceedings.
(c) The hearing, decision, and any administrative review thereof
shall be conducted in conformity with 5 U.S.C. 554-557 (sections 5-8 of
the Administrative Procedure Act). The ALJ shall have the duty to
conduct a fair hearing, to take all necessary action to avoid delay, and
to maintain order. He or she shall have all powers necessary to these
ends, including (but not limited to) the power to --
(1) Arrange and change the date, time, and place of hearings and
prehearing conferences and issue notices thereof;
(2) Hold conferences to settle, simplify, or determine the issue in a
hearing, or to consider other matters that may aid in the expeditious
disposition of the hearing;
(3) Require parties to state their position in writing with respect
to the various issues in the hearing and to exchange such statements
with all other parties;
(4) Examine witnesses and direct witnesses to testify;
(5) Receive, rule on, exclude, or limit evidence;
(6) Rule on procedural items pending before him or her; and
(7) Take any action permitted to the ALJ as authorized by this part,
or by the provisions of the Administrative Procedure Act (5 U.S.C.
551-559).
(d) Technical rules of evidence shall not apply to hearings conducted
pursuant to 105-8.170-11, but rules or principles designed to assure
production of credible evidence available and to subject testimony to
cross-examination shall be applied by the ALJ whenever reasonably
necessary. The ALJ may exclude irrelevant, immaterial, or unduly
repetitious evidence. All documents and other evidence offered or taken
for the record shall be open to examination by the parties and
opportunity shall be given to refute facts and arguments advanced on
either side of the issues. A transcript shall be made of the oral
evidence except to the extent the substance thereof is stipulated for
the record. All decisions shall be based upon the hearing record.
(e) The costs and expenses for the conduct of a hearing shall be
allocated as follows:
(1) Persons employed by the agency shall, upon request to the agency
by the ALJ, be made available to participate in the hearing and shall be
on official duty status for this purpose. They shall not receive
witness fees.
(2) Employees of other Federal agencies called to testify at a
hearing shall, at the request of the ALJ and with the approval of the
employing agency, be on official duty status during any period of
absence from normal duties caused by their testimony, and shall not
receive witness fees.
(3) The fees and expenses of other persons called to testify at a
hearing shall be paid by the party requesting their appearance.
(4) The ALJ may require the agency to pay travel expenses necessary
for the complainant to attend the hearing.
(5) The respondent shall pay the required expenses and charges for
the ALJ and court reporter.
(6) All other expenses shall be paid by the party, the intervening
party, or amicus curiae incurring them.
(f) The ALJ shall submit in writing recommended findings of fact,
conclusions of law, and remedies to all parties and the Special Counsel
for Ethics and Civil Rights within 30 days after receipt of the hearing
transcripts, or within 30 days after the conclusion of the hearing if no
transcript is made. This time limit may be extended with the permission
of the Special Counsel.
(g) Within 15 days after receipt of the recommended decision of the
ALJ any party may file exceptions to the decision with the Speical
Counsel. Thereafter, each party will have ten days to file reply
exceptions with the Special Counsel.
41 CFR 105-8.170-12 Decision.
(a) The Special Counsel shall make the decision of the agency based
on information in the investigative record and, if a hearing is held, on
the hearing record. The decision shall be made within 60 days of
receipt of the transmittal of the notice of appeal and investitive
record pursuant to 105-8.170-9(c) or after the period for filing
exceptions ends, which ever is applicable. If the Special Counsel for
Ethics and Civil Rights determines that he or she needs additional
information from any party, he or she shall request the information and
provide the other party or parties an opportunity to respond to that
information. The Special Counsel shall have 60 days from receipt of the
additional information to render the decision on the appeal. The
Special Counsel shall transmit his or her decision by letter to the
parties. The time limits established in this paragraph may be extended
with the permission of the Assistant Attorney General. The decision
shall set forth the findings, remedial action required, and reasons for
the decision. If the decision is based on a hearing record, the Special
Counsel shall consider the recommended decision of the ALJ and render a
final decision based on the entire record. The Special Counsel may also
remand the hearing record to the ALJ for a fuller development of the
record.
(b) Any respondent required to take action under the terms of the
decision of the agency shall do so promptly. The Official may require
periodic compliance reports specifying --
(1) The manner in which compliance with the provisions of the
decision has been achieved;
(2) The reasons any action required by the final decision has not yet
been taken; and
(3) The steps being taken to ensure full compliance. The Official
may retain responsibility for resolving disagreements that arise between
the parties over interpretation fo the final agency decision or for
specific adjudicatory decisions arising out of implementation.
41 CFR 105-8.170-13 Delegation.
The agency may delegate its authority for conducting complaint
investigations to other Federal agencies, except that the authority for
making the final determination may not be delegated to another agency.
41 CFR 105-8.171 Complaints against an occupant agency.
(a) Upon notification by an occupant agency that it has received a
complete complaint alleging that the agency's program is inaccessible
because existing facilities under GSA's control are not accessible and
usable by individuals with handicaps, GAS shall be jointly responsible
with the agency for resolving the complaint and shall participate in
making findings of fact and conclusions of law in prescribing and
implementing appropriate remedies for each violation found.
(b) GSA shall make reasonable efforts to follow the time frames for
complaint resolution that go into effect under the notifying occupant
agency's compliance procedures when it receives a complete complaint.
(c) Receipt of a copy of the complete complaint by GSA shall
constitute notification to GSA for purposes of 105-8.171(a).
41 CFR 105-8.171 PART 105-50 -- PROVISION OF SPECIAL OR TECHNICAL
SERVICES TO STATE AND LOCAL UNITS OF GOVERNMENT
Sec.
105-50.000 Scope of part.
105-50.001 Definitions.
105-50.001-1 State.
105-50.001-2 Political subdivision or local government.
105-50.001-3 Unit of general local government.
105-50.001-4 Special-purpose unit of local government.
105-50.001-5 Specialized or technical services.
105-50.001-6 GSA.
41 CFR 105-8.171 Subpart 105-50.1 -- General Provisions
105-50.101 Purpose.
105-50.102 Applicability.
105-50.103 Policy.
105-50.104 Limitations.
105-50.105 Coordination of requests.
105-50.106 GSA response to requests.
41 CFR 105-8.171 Subpart 105-50.2 -- Services Available From General
Services Administration
105-50.201 Agencywide mission.
105-50.202 Specific services.
105-50.202-1 Copies of statistical or other studies.
105-50.202-2 Preparation of or assistance in the conduct of
statistical or other studies.
105-50.202-3 Training.
105-50.202-4 Technical assistance incident to Federal surplus
personal property.
105-50.202-5 Data processing services.
105-50.202-6 Communications services.
105-50.202-7 Technical information and advice.
41 CFR 105-8.171 Subpart 105-50.3 -- Principles Governing Reimbursements
to GSA
105-50.301 Established fees.
105-50.302 Special fee schedules.
105-50.303 Cost basis in lieu of fees.
105-50.304 Services provided through revolving funds.
105-50.304a Deposits.
105-50.305 Exemptions.
41 CFR 105-8.171 Subpart 105-50.4 -- Reports
105-50.401 Reports submitted to the Congress.
105-50.402 Reports submitted to the Office of Management and Budget.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c) and sec.
302, 82 Stat. 1102; 42 U.S.C. 4222.
Source: 41 FR 21451, May 26, 1976, unless otherwise noted.
41 CFR 105-50.000 Scope of part.
This part prescribes rules and procedures governing the provision of
special or technical services to State and local units of government by
GSA. This part also prescribes principles governing reimbursements for
such services.
41 CFR 105-50.001 Definitions.
The following definitions are established for terms used in this
part.
41 CFR 105-50.001-1 State.
State means any of the several States of the United States, the
District of Columbia, Puerto Rico, any territory or possession of the
United States, or any agency or instrumentality of a State, but does not
include the governments of the political subdivisions of the State.
41 CFR 105-50.001-2 Political subdivision or local government.
Political subdivision or local government means a local unit of
government, including specifically a county, municipality, city, town,
township, or a school or other special district created by or pursuant
to State law.
41 CFR 105-50.001-3 Unit of general local government.
Unit of general local government means any city, county, town,
parish, village, or other general purpose political subdivision of a
State.
41 CFR 105-50.001-4 Special-purpose unit of local government.
Special-purpose unit of local government means any special district,
public-purpose corporation, or other strictly limited-purpose political
subdivision of a State, but shall not include a school district.
41 CFR 105-50.001-5 Specialized or technical services.
Specialized or technical services means statistical and other studies
and compilations, development projects, technical tests and evaluations,
technical information, training activities, surveys, reports, documents,
and any other similar service functions which any department or agency
of the executive branch of the Federal Government is especially equipped
and authorized by law to perform.
41 CFR 105-50.001-6 GSA.
GSA means the General Services Administration.
41 CFR 105-50.001-6 Subpart 105-50.1 -- General Provisions
41 CFR 105-50.101 Purpose.
(a) This part 105-50 implements the provisions of Title III of the
Intergovernmental Cooperation Act of 1968 (82 Stat. 1102, 42 U.S.C.
4221-4225), the purpose of which is stated as follows:
It is the purpose of this title to encourage intergovernmental
cooperation in the conduct of specialized or technical services and
provision of facilities essential to the administration of State or
local governmental activities, many of which are nationwide in scope and
financed in part by Federal funds; to enable state and local
governments to avoid unnecessary duplication of special service
functions; and to authorize all departments and agencies of the
executive branch of the Federal Government which do not have such
authority to provide reimbursable specialized or technical services to
State and local governments.
(b) This part is consistent with the rules and regulations
promulgated by the Director, Office of Management and Budget, in the
Office of Management and Budget Circular No. A-97, dated August 29,
1969, issued pursuant to section 302 of the cited Act (42 U.S.C. 4222).
41 CFR 105-50.102 Applicability.
This part is applicable to all organizational elements of GSA insofar
as the services authorized to be performed in subpart 105-50.2 fall
within their designated functional areas.
41 CFR 105-50.103 Policy.
It is the policy of GSA to cooperate to the maximum extent possible
with State and local units of government in providing the specialized or
technical services authorized within the limitations set forth in
105-50.104.
41 CFR 105-50.104 Limitations.
The specialized or technical services provided under this part may be
provided, in the discretion of the Administrator of General Services,
only under the following conditions:
(a) Such services will be provided only to the States, political
subdivisions thereof, and combinations or associations of such
governments or their agencies and instrumentalities.
(b) Such services will be provided only upon the written request of a
State or political subdivision thereof. Requests normally will be made
by the chief executives of such entities and will be addressed to the
General Services Administration as provided in 105-50.105.
(c) Such services will not be provided unless GSA is providing
similar services for its own use under the policies set forth in the
Office of Management and Budget Circular No. A-76 Revised, dated August
30, 1967, subject: Policies for acquiring commercial or industrial
products and services for Government use. In addition, in accordance
with the policies set forth in Circular No. A-76, the requesting entity
must certify that such services cannot be procured reasonably and
expeditiously through ordinary business channels.
(d) Such services will not be provided if they require any additions
of staff or involve outlays for additional equipment or other facilities
solely for the purpose of providing such services, except where the
costs thereof are charged to the user of such services. Further, no
staff additions may be made which impede the implementation of, or
adherence to, the employment ceilings contained in the Office of
Management and Budget allowance letters.
(e) Such services will be provided only upon payment or provision for
reimbursement by the unit of government making the request of salaries
and all other identifiable direct and indirect costs of performing such
services. For cost determination purposes, GSA will be guided by the
policies set forth in the Office of Management and Budget Circular No.
A-25, dated September 23, 1959, subject: User charges.
41 CFR 105-50.105 Coordination of requests.
(a) All inquiries of a general nature concerning services GSA can
provide shall be addressed to the General Services Administration (BR),
Washington, D.C. 20405. The Director of Management Services, Office of
Administration, shall serve as the central coordinator for such
inquiries and shall assign them to the appropriate organizational
element of GSA for expeditious handling.
(b) Requests for specific services may be addressed directly to Heads
of Services and Staff Offices and to Regional Administrators. Section
105-50.202 describes the specific services GSA can provide.
(c) If the proper GSA organizational element is not known to the
State or local unit of government, the request shall be addressed as in
paragraph (a) of this section to ensure appropriate handling.
41 CFR 105-50.106 GSA response to requests.
(a) Direct response to each request shall be made by the Head of the
applicable Service or Staff Office or Regional Administrator. He shall
outline the service to be provided and the fee or reimbursement
required. Any special conditions concerning time and priority, etc.,
shall be stated. Written acceptance by the authorized State or local
governmental entity shall constitute a binding agreement.
(b) Heads of Services and Staff Offices and Regional Administrators
shall maintain complete records and controls of services provided on a
calendar year basis to facilitate accurate, annual reporting, as
required in 105-50.401.
41 CFR 105-50.106 Subpart 105-50.2 -- Services Available From General Services Administration
41 CFR 105-50.201 Agencywide mission.
(a) In its role as a central property management agency, GSA
constructs, leases, operates, and maintains office and other space:
procures and distributes supplies; coordinates and provides for the
economic and efficient purchase, lease, sharing, and maintenance of
automatic data processing equipment by Federal agencies; manages
stockpiles of materials maintained for use in national emergencies;
transfers excess real and personal property among Federal agencies for
further use; disposes of surplus real and personal property, by
donation or otherwise, as well as materials excess to stockpile
requirements; operates centralized data processing centers and
telecommunications and motor pool systems; operates the National
Archives and Presidential libraries; and provides a variety of records
management services, including the operation of centers for storing and
administering records, as well as other common services.
(b) Special or technical services may be provided by many
organizational elements of GSA with respect to their functional areas,
but the requesting State or local agency needs only to know that the
service desired is related to one or more of the functional areas
described above and direct its request as provided for under 105-50.105.
State and local units of government are also encouraged to consult the
''Catalog of Federal Domestic Assistance'' as a more complete guide to
the many other Federal assistance programs available to them. The
catalog, issued annually and updated periodically by the Office of
Management and Budget, is available through the Superintendent of
Documents, Government Printing Office, Washington, D. C. 20402.
41 CFR 105-50.202 Specific services.
Within the functional areas identified in 105-50.201, GSA can provide
the services hereinafter described.
41 CFR 105-50.202-1 Copies of statistical or other studies.
This material includes a copy of any existing statistical or other
studies and compilations, results of technical tests and evaluations,
technical information, surveys, reports, and documents, and any such
materials which may be developed or prepared in the future to meet the
needs of the Federal Government or to carry out normal program
responsibilities of GSA.
41 CFR 105-50.202-2 Preparation of or assistance in the conduct of
statistical or other studies.
(a) This service includes preparation of statistical or other studies
and compilations, technical tests and evaluations, technical
information, surveys, reports, and documents and assistance in the
conduct of such activities and in the preparation of such materials,
provided they are of a type similar to those which GSA is authorized by
law to conduct or prepare and when resources are available.
(b) Specific areas in which GSA can conduct or participate in the
conduct of studies include:
(1) Space management, including assignment and utilization;
(2) Supply management, including laboratory tests and evaluations;
(3) Management of motor vehicles;
(4) Archives and records management;
(5) Automatic data processing systems; and
(6) Telecommunications and teleprocessing systems and services.
41 CFR 105-50.202-3 Training.
(a) This training consists of the type which GSA is authorized by law
to conduct for Federal personnel and others or which is similar to such
training.
(b) Descriptions of the specific training courses conducted by GSA
are published annually in the Interagency Training Programs bulletin,
copies of which are available from the U.S. Civil Service Commission,
Washington, D.C. 20415.
41 CFR 105-50.202-4 Technical assistance incident to Federal surplus
personal property.
Technical assistance will be provided in the screening and selection
of surplus personal property under existing laws, provided such aid
primarily strengthens the ability of the recipient in developing its own
capacity to prepare proposals.
41 CFR 105-50.202-5 Data processing services.
GSA will develop ADP logistical feasibility studies, software,
systems analyses, and programs. To the extent that data processing
capabilities are available, GSA will also assist in securing data
processing services on a temporary, short term basis from other Federal
facilities or Federal Data Processing Centers.
41 CFR 105-50.202-6 Communications services.
GSA will continue to make its bulk rate circuit ordering services
available for use by State and local governments. Under a revised
tariff effective December 12, 1971, GSA will bill the State and local
governments for their share of the TEL PAK costs. Services provided
prior to December 12, 1971, will be billed by the contractors under the
former arrangements. In addition, certain activities, such as surplus
property agencies which have frequent communications with Federal
agencies, will be given access to the Federal Telecommunications System
switchboards.
41 CFR 105-50.202-7 Technical information and advice.
GSA will provide technical information, personnel management systems
services, and technical advice on improving logistical and management
services which GSA normally provides for itself or others under existing
authorities.
41 CFR 105-50.202-7 Subpart 105-50.3 -- Principles Governing Reimbursements to GSA
41 CFR 105-50.301 Established fees.
Where there is an established schedule of fees for services to other
Government agencies or the public, the schedule shall be used as the
basis for reimbursement for like services furnished to State and local
governments.
41 CFR 105-50.302 Special fee schedules.
Where there is no established schedule of fees for types of service
which are ordinarily reimbursed on a fee basis, such schedules may be
developed and promulgated in conjunction with the Office of
Administration. The fees so established shall cover all direct costs,
such as salaries of personnel involved plus personnel benefits, travel,
and other related expenses and all indirect costs such as management,
supervisory, and staff support expenses determined or estimated from the
best available records in GSA. Periodically, fees shall be reviewed for
adequacy of recovery and adjusted as necessary.
41 CFR 105-50.303 Cost basis in lieu of fees.
Where the cost of services is to be recovered on other than a fee
basis, upon receipt of a request from a State or local government for
such services, a written reply shall be prepared by the service or staff
office receiving the request stating the basis for reimbursement for the
services to be performed. The proposal shall be based on an estimate of
all direct costs, such as salaries of personnel involved plus personnel
benefits, travel, and other related expenses and on such indirect costs
as management, supervisory, and staff support expenses. An appropriate
surcharge may be developed to recover these indirect costs. The terms
thereof shall be concurred in by the Director of Administration.
Acceptance in writing by the requester shall constitute a binding
agreement between GSA and the requesting governmental unit.
41 CFR 105-50.304 Services provided through revolving funds.
Where the service furnished is of the type which GSA is now billing
through revolving funds, reimbursement shall be obtained from State and
local governments on the same basis; i.e., the same pricing method,
billing forms, and billing support shall be used.
41 CFR 105-50.304a Deposits.
Reimbursements to GSA for furnishing special or technical services to
State and local units of government will be deposited to the credit of
the appropriation from which the cost of providing such services has
been paid or is to be charged if such reimbursements are authorized.
Otherwise, the reimbursements will be credited to miscellaneous receipts
in the U.S. Treasury (42 U.S.C. 4223).
41 CFR 105-50.305 Exemptions.
(a) Single copies of existing reports covering studies and
statistical compilations and other data or publications for which there
is no established schedule of fees shall be furnished without charge
unless significant expense is incurred in reproducing the material, in
which instance the actual cost thereof shall be charged.
(b) GSA may, pursuant to section 302 of the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4742), admit employees of State and
local units of government to training programs established for
professional, administrative, or technical personnel and may waive the
requirement for reimbursement in whole or in part.
41 CFR 105-50.305 Subpart 105-50.4 -- Reports
41 CFR 105-50.401 Reports submitted to the Congress.
(a) The Administrator of General Services will furnish annually to
the respective Committees on Government Operations of the Senate and the
House of Representatives a summary report on the scope of the services
provided under Title III of the act and this part.
(b) Heads of Services and Staff Offices and all Regional
Administrators shall furnish the Director of Management Services, OAD,
by no later than January 15 of each year, the following information
concerning services provided during the preceding calendar year to State
and local units of government:
(1) A brief description of the services provided, including any other
pertinent data;
(2) The State and/or local unit of government involved; and
(3) The cost of GSA to provide the service, including the amount of
reimbursement, if any, made by the benefitting government.
(c) Reports Control Symbol LAW-27-OA is assigned to this report.
41 CFR 105-50.402 Reports submitted to the Office of Management and
Budget.
Copies of the foregoing reports will be submitted by the
Administrator to the Office of Management and Budget not later than
March 30 of each year.
41 CFR 105-50.402 PART 105-51 -- UNIFORM RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
Authority: Sec. 213, Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42
U.S.C. 4601) as amended by the Surface Transportation and Uniform
Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101
Stat. 246-256 (42 U.S.C. 4601 note).
41 CFR 105-51.001 Uniform relocation assistance and real property
acquisition.
Regulations and procedures for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L.
91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (Title IV
of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth
in 49 CFR part 24.
(52 FR 48024, Dec. 17, 1987 and 54 FR 8913, Mar. 2, 1989)
41 CFR 105-51.001 PART 105-53 -- STATEMENT OF ORGANIZATION AND FUNCTIONS
Sec.
105-53.100 Purpose.
41 CFR 105-51.001 Subpart A -- General
105-53.110 Creation and authority.
105-53.112 General statement of functions.
105-53.114 General statement of organization.
105-53.116 General regulations.
105-53.118 Locations of material available for public inspection.
105-53.120 Address and telephone numbers.
41 CFR 105-51.001 Subpart B -- Central Offices
105-53.130 Office of the Administrator.
105-53.130-1 (Reserved)
105-53.130-2 Office of Ethics and Civil Rights.
105-53.130-3 Office of the Executive Secretariat.
105-53.130-4 Office of Small and Disadvantaged Business Utilization.
105-53.131 Office of Inspector General.
105-53.132 GSA Board of Contract Appeals.
105-53.133 Information Security Oversight Office.
105-53.134 Office of Administration.
105-53.135 (Reserved)
105-53.136 Office of Congressional Affairs
105-53.137 Office of Acquisition Policy.
105-53.138 Office of General Counsel.
105-53.139 Office of the Comptroller.
105-53.140 Office of Operations and Industry Relations.
105-53.141 Office of Policy Analysis.
105-53.142 Office of Public Affairs.
105-53.143 Information Resources Management Service.
105-53.144 Federal Property Resources Service.
105-53.145 Federal Supply Service.
105-53.146 (Reserved)
105-53.147 Public Buildings Service.
41 CFR 105-51.001 Subpart C -- Regional Offices
105-53.150 Organization and functions.
105-53.151 Geographic composition, addresses, and telephone numbers.
Authority: 5 U.S.C. 552(a)(1), Pub. L. 90-23, 81 Stat. 54 sec.
(a)(1); 40 U.S.C. 486(c), Pub. L. 81-152, 63 Stat. 390, sec. 205(c).
Source: 48 FR 25200, June 6, l983, unless otherwise noted.
41 CFR 105-53.100 Purpose.
This part is published in accordance with 5 U.S.C. 552 and is a
general description of the General Services Administration.
41 CFR 105-53.100 Subpart A -- General
41 CFR 105-53.110 Creation and authority.
The General Services Administration was established by section 101 of
the Federal Property and Administrative Services Act of 1949 (63 Stat.
377), effective July 1, 1949. The act consolidated and transferred to
the agency a variety of real and personal property and related functions
fomerly assigned to various agencies. Subsequent laws and Executive
orders assigned other related functions and programs.
41 CFR 105-53.112 General statement of functions.
The General Services Administration, as a major policy maker,
provides guidance and direction to Federal agencies in a number of
management fields. GSA formulates and prescribes a variety of
Governmentwide policies relating to procurement and contracting; real
and personal property management; transportation, public
transportation, public utilities and telecommunications management;
automated data processing management; records management; the use and
disposal of property; and the information security program. In
addition to its policy role, GSA also provides a variety of basic
services in the aforementioned areas to other Government agencies. A
summary description of these services is presented by organizational
component in subpart B.
(54 FR 26741, June 26, 1989)
41 CFR 105-53.114 General statement of organization.
The General Services Administration is an independent agency in the
executive branch of the Government. The work of the agency as a whole
is directed by the Administrator of General Services, who is assisted by
the Deputy Administrator. A summary description of each of GSA's major
functions and organizational components is presented in subparts B and
C.
41 CFR 105-53.116 General regulations.
Regulations of the General Services Administration and its components
are codified in the Code of Federal Regulations in title 1, chapters I
and II; title 32, chapter XX; title 41, chapters 1, 5, 101, 105, and
201; and title 48, chapters 1 and 5. Titles 1, 32, 41, and 48 of the
Code of Federal Regulations are available for review at most legal and
depository libraries and at the General Services Administration Central
Office and regional offices. Copies may be purchased from the
Superintendent of Documents, Government Printing Office, Washington, DC
20402.
(49 FR 24995, June 19, 1984)
41 CFR 105-53.118 Locations of material available for public inspection.
GSA maintains reading rooms containing materials available for public
inspection and copying at the following locations:
(a) General Services Administration, 18th & F Streets, NW., Library
(Room 1033), Washington, DC 20405. Telephone 202-535-7788.
(b) Business Service Center, General Services Administration, 10
Causeway Street, Boston, MA 02222. Telephone: 617-565-8100.
(c) Business Service Center, General Services Administration, 26
Federal Plaza, NY, NY 10278. Telephone: 212-264-1234.
(d) Business Service Center, General Services Administration, Seventh
& D Streets, SW., Room 1050, Washington, DC 20407. Telephone:
202-472-1804.
(e) Business Service Center, General Services Administration, Ninth &
Market Streets, Room 5151, Philadelphia, PA 19107. Telephone:
215-597-9613.
(f) Business Service Center, General Services Administration, Richard
B. Russell Federal Building, U.S. Courthouse, 75 Spring Street, SW.,
Atlanta, GA 30303, Telephone: 404/331-5103.
(g) Business Service Center, General Services Administration, 230
South Dearborn Street, Chicago, IL 60604. Telephone: 312-353-5383.
(h) Business Service Center, General Services Administration, 1500
East Bannister Road, Kansas City, MO 64131. Telephone: 816-926-7203.
(i) Business Service Center, General Services Administration, 819
Taylor Street, Fort Worth, TX 76102. Telephone: 817-334-3284.
(j) Business Service Center, General Services Administration, Denver
Federal Center, Denver, CO 80225. Telephone: 303-236-7408.
(k) Business Service Center, General Services Administration, 525
Market Street, San Francisco, CA 94105. Telephone: 415-974-9000.
(l) Business Service Center, General Services Administration, 300
North Los Angeles Street, Room 3259, Los Angeles, CA 90012. Telephone:
213-688-3210.
(m) Business Service Center, General Services Administration, GSA
Center, Auburn, WA 98001. Telephone: 206-931-7957.
(48 FR 25200, June 6, 1983, as amended at 49 FR 24995, June 19, 1984;
50 FR 26363, June 26, 1985; 51 FR 23229, June 26, 1986; 52 FR 23657,
June 24, 1987; 53 FR 23761, June 24, 1988)
41 CFR 105-53.120 Address and telephone numbers.
The Office of the Administrator; Office of Ethics and Civil Rights;
Office of the Executive Secretariat; Office of Small and Disadvantaged
Business Utilization; Office of Inspector General; GSA Board of
Contract Appeals; Information Security Oversight Office; Office of
Administration; Office of Congressional Affairs; Office of Acquisition
Policy; Office of General Counsel; Office of the Comptroller; Office
of Operations and Industry Relations; Office of Policy Analysis;
Office of Public Affairs; Information Resources Management Service;
Federal Property Resources Service; and Public Buildings Service are
located at 18th and F Streets NW., Washington, DC 20405. The Federal
Supply Service is located at Crystal Mall Building 4, 1941 Jefferson
Davis Highway, Arlington, VA, however, the mailing address is
Washington, DC 20406. The telephone number for the above addresses is
202-472-1082. The addresses of the eleven regional offices are provided
in 105-53.151.
(54 FR 26741, June 26, 1989)
41 CFR 105-53.120 Subpart B -- Central Offices
41 CFR 105-53.130 Office of the Administrator.
The Administrator of General Services, appointed by the President
with the advice and consent of the Senate, directs the execution of all
programs assigned to the General Services Administration. The Deputy
Administrator, who is appointed by the Administrator, assists in
directing agency programs and coordinating activities related to the
functions of the General Services Administration.
105-53.130-1 (Reserved)
41 CFR 105-53.130-2 Office of Ethics and Civil Rights.
The Office of Ethics and Civil Rights, headed by the Special Counsel
for Ethics and Civil Rights, is responsible for developing, directing,
and monitoring the agency's programs governing employee standards of
ethical conduct, equal employment opportunity, and civil rights. It is
the focal point for the agency's implementation of the Ethics in
Government Act of 1978. The principal statutes covering the Civil
Rights Program are Titles VI and VII of the Civil Rights Act of 1964,
Title IX of the Educational Amendments Act of 1972, sections 501 and 504
of the Vocational Rehabilitation Act of 1973, the Age Discrimination in
Employment Act of 1975, and the Equal Pay Act.
(53 FR 23761, June 24, 1988)
41 CFR 105-53.130-3 Office of the Executive Secretariat.
The Office of the Executive Secretariat, headed by the Director of
the Executive Secretariat, is responsible for policy coordination,
correspondence control, and various administrative tasks in support of
the Administrator and Deputy Administrator.
41 CFR 105-53.130-4 Office of Small and Disadvantaged Business
Utilization.
(a) Creation and authority. Public Law 95-507, October 14, 1978, an
amendment to the Small Business Act and the Small Business Investment
Act of 1958, established in each Federal agency having procurement
authority the Office of Small and Disadvantaged Business Utilization.
Each office is headed by a Director of Small and Disadvantaged Business
Utilization. The Director is appointed by the head of the agency or
department.
(b) Functions. The Director of Small and Disadvantaged Business
Utilization is responsible for the implementation and execution of the
functions and duties under Sections 8 and 15 of the Small Business Act
to include the issuance of policy direction and guidance. The office
provides information, assistance, and counseling to business concerns,
including small businesses, small socially and economically
disadvantaged persons, women-owned businesses, labor surplus area
concerns, and workshops operated by the blind and other severely
handicapped persons. The office also conducts outreach, liaison, source
listings, and seminars for small and disadvantaged businesses and
coordinates and promotes procurement programs and policies.
41 CFR 105-53.131 Office of Inspector General.
(a) Creation and authority. Public Law 95-452, known as the
Inspector General Act of 1978, consolidated existing audit and
investigation functions and established an Office of Inspector General
in 11 major domestic departments and agencies, including GSA. Each
office is headed by an Inspector General appointed by the President with
the advice and consent of the Senate.
(b) Functions. The Office of Inspector General is responsible for
policy direction and conduct of audit, inspection, and investigation
activities relating to programs and operations of GSA; and maintaining
liaison with other law enforcement agencies, the Department of Justice,
and United States Attorneys on all matters relating to the detection and
prevention of fraud and abuse. The Inspector General reports
semiannually to the Congress through the Administrator concerning fraud,
abuses, other serious problems, and deficiencies of agency programs and
operations; recommends corrective action; and reports on progress made
in implementing these actions.
41 CFR 105-53.132 GSA Board of Contract Appeals.
(a) Creation and Authority. The GSA Board of Contract Appeals
(GSBCA), headed by the Chairman, GSA Board of Contract Appeals, was
established on February 28, 1979, by the Administrator of General
Services as an independent administrative/judicial tribunal under the
provisions of the Contract Disputes Act of 1978 (Pub. L. 95-563). The
Board was granted additional authority pursuant to the Brooks Act, 40
U.S.C. 759(f) (Pub. L. 99-591).
(b) Functions. The GSBCA hears, considers, and decides disputes
between contractors and GSA and other executive departments, agencies,
and commissions under the provisions of the Contract Disputes Act of
1978, the ''Disputes'' clause of contracts, and in connection with
contract related claims. The Board furnishes hearing examiners for the
Suspension and Debarment Board which serves as the factfinder in
suspension and proposed debarment matters. The Suspension and Debarment
Board provides the suspending official with a determination as to
whether adequate evidence exists to support the cause for suspension,
delivers written findings of fact to the debarring official which
resolve any facts in dispute based on a preponderance of the evidence
and determines whether a cause for debarment exists. The Board also
serves as an ad hoc body convened to consider any other type of dispute,
including appeals involving violations of post-Federal employment
restrictions pursuant to the Ethics in Govenment Act of 1978.
Additionally, the Board hears, considers, and decides ADP protests by
interested parties pursuant to the Brooks Act, 40 U.S.C. 759(f).
(c) Regulations. Regulations pertaining to GSBCA programs are
published in 41 CFR part 5A-60. Information on availability of the
regulations is provided in 105-53.116.
(48 FR 25200, June 6, 1983, as amended at 53 FR 23761, June 24, 1988)
41 CFR 105-53.133 Information Security Oversight Office.
(a) Creation and authority. The Information Security Oversight
Office (ISOO), headed by the Director of ISOO, who is appointed by the
Administrator with the approval of the President, was established by the
Administrator on November 20, 1978, under the provisions of Executive
Order 12065. Effective August 1, 1982, this authority is based upon
Executive Order 12356, which superseded E.O. 12065.
(b) Functions. ISOO oversees and ensures, under the general policy
direction of the National Security Council, Government-wide
implementation of the information security program established by
Executive order.
(c) Regulations. Regulations pertaining to ISOO Programs are
published in 32 CFR chapter XX, part 2000 et seq.
41 CFR 105-53.134 Office of Administration.
The Office of Administration, headed by the Associate Administrator
for Administration, participates in the executive leadership of the
agency; providing advice on the formulation of major policies and
procedures, particularly those of a critical or controversial nature, to
the Administrator and Deputy Administrator. The Office plans and
administers programs in organization, productivity improvement, position
management, training, staffing, position classification and pay
administration, employee relations, workers' compensation, career
development, GSA internal security, reporting requirements, regulations,
internal directives, records correspondence procedures, Privacy and
Freedom of Information Acts, printing and duplicating, mail,
telecommunications, graphic design, cooperative administrative support,
and support for congressional field offices. The office also serves as
the central point of control for audit and inspection reports from the
Inspector General and the Comptroller General of the United States; and
manages the GSA internal controls evaluation, improvement, and reporting
program. In addition, the office includes a secretariat to oversee
Federal advisory committees.
(54 FR 26741, June 26, 1989)
105-53.135 (Reserved)
41 CFR 105-53.136 Office of Congressional Affairs.
The Office of Congressional Affairs, headed by the Associate
Administrator for Congressional Affairs, is responsible for directing
and coordinating the legislative and congressional activities of GSA.
(54 FR 26742, June 26, 1989)
41 CFR 105-53.137 Office of Acquisition Policy.
(a) Functions. The Office of Acquisition Policy (OAP), headed by the
Associate Administrator for Acquisition Policy, serves as the single
focal point for GSA acquisition and contracting matters and is
responsible for ensuring that the GSA procurement process is executed in
compliance with all appropriate public laws and regulations and is based
on sound business judgment. Also, OAP exercises Governmentwide
acquisition responsibilities through its participation with the
Department of Defense and the National Aeronautics and Space
Administration in the development and publication of the Federal
Acquisition Regulation.
(b) Regulations. Regulations pertaining to OAP programs are
published in 48 CFR chapter 1, Federal Acquisition Regulation (FAR), and
in 48 CFR chapter 5, General Services Acquisition Regulation (GSAR).
Information on availability of the regulations is provided in
105-53.116.
(52 FR 23657, June 24, 1987)
41 CFR 105-53.138 Office of General Counsel.
Functions. The Office of General Counsel (OGC), headed by the General
Counsel, is responsible for providing all legal services to the
services, programs offices, staff offices, and regions of GSA with the
exception of certain legal activities of the Office of Inspector General
and legal activities of the Board of Contract Appeals; drafts
legislation proposed by GSA; furnishes legal advice required in
connection with reports on legislation proposed by other agencies;
provides liaison on legal matters with other Federal agencies;
coordinates with the Department of Justice in litigation matters; and
reviews and gives advice on matters of contract policy and contract
operations.
41 CFR 105-53.139 Office of the Comptroller.
(a) Functions. The Office of the Comptroller, headed by the
Comptroller, is responsible for centralized agencywide budget and
accounting functions; overall allocation and administrative control of
agencywide resources and financial management programs; planning,
developing, and directing GSA's executive management information system;
and overseeing implementation of OMB Circular A-76 agencywide.
(b) Regulations. Regulations pertaining to the Office of the
Comptroller's programs are published in 41 CFR part 101-2. Information
on availability of the regulations is provided in 105-53.116.
(51 FR 23230, June 26, 1986, as amended at 53 FR 23762, June 24,
1988; 54 FR 26742, June 26, 1989)
41 CFR 105-53.140 Office of Operations and Industry Relations.
The Office of Operations and Industry Relations, headed by the
Associate Administrator for Operations and Industry Relations, is
responsible for formulating GSA-wide policy that relates to regional
operations, supervising GSA's Regional Administrators, and planning and
coordinating GSA business and industry relations and customer liaison
activities.
(54 FR 26742, June 26, 1989)
41 CFR 105-53.141 Office of Policy Analysis.
The Office of Policy Analysis, headed by the Associate Administrator
for Policy Analysis, is responsible for providing analytical support,
independent, objective information concerning management policies and
programs, and technical and analytical assistance in the areas of policy
analysis and resource allocation to the Administrator, senior officials,
and organizations in GSA.
(51 FR 23230, June 26, 1986)
41 CFR 105-53.142 Office of Public Affairs.
The Office of Public Affairs, headed by the Associate Administrator
for Public Affairs, is responsible for the planning, implementation, and
coordination of GSA public information and public events and employee
communication activities, and managing and operating the Consumer
Information Center.
(51 FR 23230, June 26, 1986)
41 CFR 105-53.143 Information Resources Management Service.
(a) Creation and authority. The Information Resources Management
Service (IRMS), headed by the Commissioner, Information Resources
Management Service, was established as the Office of Information
Resources Management on August 17, 1982 and subsequently redesignated as
IRMS on November 17, 1985, by the Administrator of General Services.
The Information Resources Management Service was assigned responsibility
for administering the Governmentwide information resources management
program, including records management, and procurement, management, and
use of automatic data processing and telecommunications resources.
(b) Functions. IRMS is responsible for directing and managing
Governmentwide programs for the procurement and use of automatic data
processing (ADP), office information systems, and telecommunications
equipment and services; developing and coordinating Governmentwide
plans, policies, procedures, regulations, and publications pertaining to
ADP; telecommunications and records management activities; managing
and operating the Information Technology Fund; managing and operating
the Federal Telecommunications System (FTS); planning and directing
programs for improving Federal records and information management
practices Governmentwide; managing and operating the Federal
Information Centers; developing and overseeing GSA policy concerning
automated information systems, equipment, and facilities; and providing
policy and program direction for the GSA Emergency Preparedness and
Disaster Support Programs.
(c) Regulations. Regulations pertaining to IRMS programs are
published in 41 CFR chapter 201, Federal Information Resources
Management Regulation (FIRMR), and 48 CFR chapters 1 and 5. Information
on availability of the regulations is provided in 105-53.116.
(51 FR 23230, June 26, 1986, as amended at 52 FR 23657, June 24,
1987)
41 CFR 105-53.144 Federal Property Resources Service.
(a) Creation and authority. The Federal Property Resources Service
(FPRS), headed by the Commissioner, Federal Property Resources Service,
was established on July 18, 1978, by the Administrator of General
Services to carry out the utilization and disposal functions for real
and related personal property.
(b) Functions. FPRS is responsible for utilization surveys of
Federal real property holdings; the reuse of excess real property; and
the disposal of surplus real property.
(c) Regulations. Regulations pertaining to FPRS programs are
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapter H, and 48
CFR chapter 1. Information on availability of the regulations is
provided in 105-53.116
(54 FR 26742, June 26, 1989)
41 CFR 105-53.145 Federal Supply Service.
(a) Creation and authority. The Federal Supply Service (FSS), headed
by the Commissioner, FSS, was established on December 11, 1949, by the
Administrator of General Services to supersede the Bureau of Federal
Supply of the Department of the Treasury which was abolished by the
Federal Property and Administrative Services Act of 1949. The Federal
Supply Service has been known previously as the Office of Personal
Property and the Office of Federal Supply and Services.
(b) Functions. FSS is responsible for determining supply
requirements; procuring personal property and nonpersonal services;
transferring excess (except ADP equipment) and donating and selling
surplus personal property; managing GSA's Governmentwide
transportation, traffic management, travel, fleet management, and
employee relocation programs; auditing of transportation bills paid by
the Government and subsequent settlement of claims; developing Federal
standard purchase specifications and Commercial Item Descriptions;
standardizing commodities purchased by the Federal Government;
cataloging items of supply procured by civil agencies; and ensuring
continuity of supply operations during defense emergency conditions.
(c) Regulations. Regulations pertaining to FSS programs are
published in 41 CFR chapters 1 and 5; 41 CFR chapter 101, subchapters
A, E, G, and H; and in 48 CFR chapters 1 and 5. Information on
availability of the regulations is provided in 105-53.116.
(49 FR 24996, June 19, 1984, as amended at 51 FR 23230, June 26,
1986)
105-53.146 (Reserved)
41 CFR 105-53.147 Public Buildings Service.
(a) Creation and authority. The Public Buildings Service (PBS),
headed by the Commissioner, Public Buildings Service, was established on
December 11, 1949, by the Administrator of General Services to supersede
the Public Buildings Administration, which was abolished by the Federal
Property and Administrative Services Act of 1949.
(b) Functions. PBS is responsible for the design, construction,
management, maintenance, operation, alteration, extension, remodeling,
preservation, repair, improvement, protection, and control of buildings,
both federally owned and leased, in which are provided housing
accommodations for Government activities; the acquisition, utilization,
custody, and accountability for GSA real property and related personal
property; representing the consumer interests of the Federal executive
agencies before Federal and State rate regulatory commissions and
providing procurement support and contracting for public utilities
(except telecommunications); the Safety and Environmental Management
Program for GSA managed Government-owned and-leased facilities;
providing for the protection and enhancement of the cultural environment
for federally owned sites, structures, and objects of historical,
architectural, or archaeological significance; ensuring that Federal
work space is used more effectively and efficiently; providing
leadership in the development and maintenance of needed property
management information systems for the Government; and coordination of
GSA activities towards improving the environment, as required by the
National Environmental Policy Act of 1959.
(c) Regulations. Regulations pertaining to PBS programs are
published in 41 CFR chapter 1, 41 CFR chapter 101, subchapters D and H;
and in 48 CFR chapter 1. Information on availability of the regulations
is provided in 105-53.116.
(48 FR 25200, June 6, 1983, as amended at 49 FR 24996, June 19, 1984;
52 FR 23658, June 24, 1987)
41 CFR 105-53.147 Subpart C -- Regional Offices
41 CFR 105-53.150 Organization and functions.
Regional offices have been established in 11 cities throughout the
United States. Each regional office is headed by a Regional
Administrator who reports to the Associate Administrator for Operations
and Industry Relations. The geographic composition of each region is
shown in 105-53.151.
(54 FR 26742, June 26, 1989)
41 CFR 105-53.151 Geographic composition, addresses, and telephone numbers.
41 CFR 105-53.151 Regional Offices -- General Services Administration
41 CFR 105-53.151 Region and Address
No. 1. (Comprising the States of Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, and Vermont); Boston FOB, 10 Causeway
Street, Boston, MA 02222. Telephone: 617-565-5860.
No. 2. (Comprising the States of New Jersey and New York, the
Commonwealth of Puerto Rico, and the Virgin Islands); 26 Federal Plaza,
New York, NY 10278. Telephone: 212-264-2600.
No. 3. (Comprising the States of Maryland, Virginia (except those
jurisdictions within the National Capital Region boundaries), West
Virginia, Pennsylvania, and Delaware); Ninth and Market Streets,
Philadelphia, PA 19107. Telephone 215-597-1237.
No. 4. (Comprising the States of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, and Tennessee); 75 Spring
Street, SW., Atlanta, GA 30303. Telephone: 404-331-3200.
No. 5. (Comprising the States of Illinois, Indiana, Michigan,
Minnesota, Ohio, and Wisconsin); 230 South Dearborn Street, Chicago, IL
60604. Telephone: 312-353-5395.
No. 6. (Comprising the States of Iowa, Kansas, Missouri, and
Nebraska); 1500 East Bannister Road, Kansas City, MO 64131. Telephone:
816-926-7201.
No. 7. (Comprising the States of Arkansas, Louisiana, New Mexico,
Oklahoma, and Texas); 819 Taylor Street, Fort Worth, TX 76102.
Telephone: 817-334-2321.
No. 8. (Comprising the States of Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming); Building 41, Denver Federal Center,
Denver, CO 80225. Telephone: 303-236-7329.
No. 9. (Comprising Guam and the States of Arizona, California,
Hawaii, and Nevada); 525 Market Street, San Francisco, CA 94105.
Telephone : 415-974-9147.
No. 10. (Comprising the States of Alaska, Idaho, Oregon, and
Washington); GSA Center, Auburn, WA 98001. Telephone: 206-931-7000.
National Capital Region. (Comprising the District of Columbia;
Counties of Montgomery and Prince Georges in Maryland; and the City of
Alexandria and the Counties of Arlington, Fairfax, Loudoun, and Prince
William in Virginia); Seventh and D Streets, SW., Washington, DC 20407.
Telephone: 202-472-1100.
(51 FR 23231, June 26, 1986, as amended at 52 FR 23658, June 24,
1987; 53 FR 23762, June 24, 1988; 54 FR 26742, June 26, 1989)
41 CFR 105-53.151 PART 105-54 ADVISORY COMMITTEE MANAGEMENT
Sec.
105-54.000 Scope of part.
41 CFR 105-53.151 Subpart 105-54.1 -- General Provisions
105-54.101 Applicability.
105-54.102 Definitions.
105-54.103 Policy.
105-54.104 Responsibilities.
41 CFR 105-53.151 Subpart 105-54.2 -- Establishment of Advisory
Committees
105-54.200 Scope of subpart.
105-54.201 Proposals for establishing advisory committees.
105-54.202 Review and approval of proposals.
105-54.203 Advisory committee charters.
105-54.203-1 Preparation of charters.
105-54.203-2 Active charters file.
105-54.203-3 Submission to Library of Congress.
105-54.204 Advisory committee membership.
41 CFR 105-53.151 Subpart 105-54.3 -- Advisory Committee Procedures
105-54.300 Scope of subpart.
105-54.301 Meetings.
105-54.302 Committee records and reports.
105-54.303 Fiscal and administrative provisions.
105-54.304 Cost guidelines.
105-54.305 Renewal of advisory committees.
105-54.306 Amendment of advisory committee charters.
105-54.307 Termination of advisory committees.
105-54.308 Responsibilities of the Administrator.
105-54.309 Added responsibilities of Service and Staff Office Heads
and Regional Administrators.
105-54.310 Advisory committee duties of the GSA Committee Managment
Officer.
105-54.311 Complaint procedures.
41 CFR 105-53.151 Subpart 105-54.4 -- Reports
105-54.400 Scope of subpart.
105-54.401 Reports on GSA Federal Advisory Committees.
Authority: Pub. L. 92-463 dated October 6, 1972, as amended; and 5
U.S.C. 552.
Source: 53 FR 40224, Oct. 14, 1988, unless otherwise noted.
41 CFR 105-54.000 Scope of part.
This part sets forth policies and procedures in GSA regarding the
establishment, operation, termination, and control of advisory
committees for which GSA has responsibility. It implements the Federal
Advisory Committee Act (Pub. L. 92-463), which authorizes a system
governing the establishment and operation of advisory committees in the
executive branch of the Federal Government, and Executive Order 11686 of
October 7, 1972, which directs the heads of all executive departments
and agencies to take appropriate action to ensure their ability to
comply with the provisions of the Act.
41 CFR 105-54.000 Subpart 105-54.1 -- General Provisions
41 CFR 105-54.101 Applicability.
This part 105-54 applies to all advisory committees for which GSA has
responsibility. This part also applies to any committee that advises
GSA officials even if the committee were not established for that
purpose. This applicability, however, is limited to the period of the
committee's use as an advisory body. This part does not apply to:
(a) An advisory committee exempted by an Act of Congress;
(b) A local civic group whose primary function is to render a public
service in connection with a Federal program;
(c) A State or local committee, council, board, commission, or
similar group established to advise or make recommendations to State or
local officials or agencies;
(d) A meeting initiated by the President or one or more Federal
official(s) for the purpose of obtaining advice or recommendations from
one individual;
(e) A meeting with a group initiated by the President or one or more
Federal official(s) for the sole purpose of exchanging facts or
information;
(f) A meeting initiated by a group with the President or one or more
Federal official(s) for the purpose of expressing the group's views,
provided that the President or Federal official(s) does not use the
group recurrently as a preferred source of advice or recommendations;
(g) A committee that is established to perform primarily operational
as opposed to advisory functions. Operational functions are those
specifically provided by law, such as making or implementing Government
decisions or policy. An operational committee would be covered by the
Act if it becomes primarily advisory in nature;
(h) A meeting initiated by a Federal official(s) with more than one
individual for the purpose of obtaining the advice of individual
attendees and not for the purpose of utilizing the group to obtain
consensus advice or recommendations. However, such a group would be
covered by the Act when an agency accepts the group's deliberations as a
source of consensus advice or recommendations;
(i) A meeting of two or more advisory committee or subcommittee
members convened solely to gather information or conduct research for a
chartered advisory committee, to analyze relevant issues and facts, or
to draft proposed position papers for deliberation by the advisory
committee or a subcommittee of the advisory committee; and
(j) A committee composed wholly of full-time officers or employees of
the Federal Government.
41 CFR 105-54.102 Definitions.
(a) The term ''advisory committee'' means any committee, board,
commission, council, conference, panel, task force, or other similar
group or any subcommittee thereof that is:
(1) Established by statute,
(2) Established or utilized by the President, or
(3) Established or utilized by any agency official to obtain advice
or recommendations that are within the scope of his/her responsibilies.
The term ''advisory committee'' excludes the Advisory Committee on
Intergovernmental Relations and any committees composed wholly of
full-time officers or employees of the Federal Government.
(b) ''Presidential advisory committee'' means any committee that
advises the President. It may be established by the President or by the
Congress, or may be used by the President to obtain advice or
recommendations.
(c) ''Independent Presidential advisory committee' means any
Presidential advisory committee not assigned by the President, or the
President's delegate, or by the Congress in law, to an agency for
administrative and other support and for which the Administrator of
General Services may provide administrative and other support on a
reimbursable basis.
(d) ''Committee member'' means an individual who serves by
appointment on a committee and has the full right and obligation to
participate in the activities of the committee, including voting on
committee recommendations.
(e) ''Staff member'' means any individual who serves in a support
capacity to an advisory committee.
(f) ''Secretariat'' means the General Services Administration's
Committee Management Secretariat. Established pursuant to the Federal
Advisory Committee Act, it is responsible for all matters relating to
advisory committees, and carries out the Administrator's
responsibilities under the Act and Executive Order 12024.
(g) ''Utilized'' (or used), as stated in the definition of ''advisory
committee'' above, refers to a situation in which a GSA official adopts
a committee or other group composed in whole or in part of other than
full-time Federal officers or employees with an established existence
outside GSA as a preferred source from which to obtain advice or
recommendations on a specific issue or policy within the scope of
his/her responsibilities in the same manner as that official would
obtain advice or recommendations from an established advisory committee.
41 CFR 105-54.103 Policy.
The basic GSA policy on committee management is as follows:
(a) Advisory committees will be formed or used by GSA only when
specifically authorized by law, or by the President, or specifically
determined as a matter of formal record by the Administrator of General
Services to be in the public interest in connection with the performance
of duties imposed on GSA by law;
(b) Advisory committees will not be used to administer a function
that is the assigned responsibility of a service or staff office;
(c) The assigned responsibility of a GSA official may not be
delegated to any committee;
(d) No advisory committee may be used for functions that are not
solely advisory unless specifically authorized by statute or
Presidential directive. Making policy decisions and determining action
to be taken with respect to any matter considered by an advisory
committee is solely the responsibility of GSA; and
(e) In carrying out its responsibilities, GSA will consult with and
obtain the advice of interested groups substantially affected by its
programs. The use of advisory committees for this purpose is considered
to be in the public interest and necessary for the proper performance by
GSA of its assigned functions.
41 CFR 105-54.104 Responsibilities.
(a) Responsibility for coordination and control of committee
management in GSA is vested in the Associate Administrator for
Administration, who serves as the GSA Committee Management Officer
(CMO). This Officer carries out the functions prescribed in section 8(
b) of the Federal Advisory Committee Act. In doing so, the Officer
controls and supervises the establishment, procedures, and
accomplishments of GSA-sponsored advisory committees. The Organization
and Productivity Improvement Division, Office of Management Services,
Office of Administration, provides staff resources and furnishes the
Staff Contact Person (SCP) to the CMO.
(b) The Head of each Service and Staff Office and each Regional
Administrator selects a Committee Management Officer (CMO) to coordinate
and control committee management within the service, staff office, or
regional office and to act as liaison to the GSA Committee Management
Officer. The duties of the CMOs are as follows:
(1) Assemble and maintain the reports, records, and other papers of
any GSA-sponsored committee during its existence (Arrangements may be
made, however, for the Government chairperson or other GSA
representative to retain custody of reports, records, and other papers
to facilitate committee operations. After the committee is terminated,
all committee records are disposed of following existing regulations.);
and
(2) Under agency regulations in 41 CFR 105-60, carry out the
provisions of 5 U.S.C. 552 with respect to the reports, records, and
other papers of GSA-sponsored advisory committees.
41 CFR 105-54.104 Subpart 105-54.2 -- Establishment of Advisory Committees
41 CFR 105-54.200 Scope of subpart.
This subpart prescribes the policy and procedures for establishing
advisory committees within GSA.
41 CFR 105-54.201 Proposals for establishing advisory committees.
(a) The Administrator approves the establishment of all GSA Federal
Advisory Committees.
(b) When it is decided that it is necessary to establish a committee,
the appropriate Head of the Service or Staff Office (HSSO) must consider
the functions of similar committees in GSA to ensure that no duplication
of effort will occur.
(c) The HSSO proposes the establishment of a Central Office or
regional advisory committee within the scope of assigned program
responsibilities. In doing so, the HSSO assures that advisory
committees are established only if they are essential to the conduct of
agency business. Advisory committees are established only if there is a
compelling need for the committees, the committees have a truly balanced
membership, and the committees conduct their business as openly as
possible under the law and their mandate. Each proposal is submitted to
the GSA Committee Management Officer for review and coordination and
includes:
(1) A letter addressed to the Committee Management Secretariat signed
by the HSSO with information copies for the Administrator, Deputy
Administrator, the Associate Administrator for Congressional and
Industry Relations, and the Special Counsel for Ethics and Civil Rights,
describing the nature and purpose of the proposed advisory committee;
why it is essential to agency business and in the public interest; why
its functions cannot be performed by an existing committee of GSA, by
GSA, or other means such as a public hearing; and the plans to ensure
balanced membership;
(2) A notice for publication in the Federal Register containing the
Administrator's certification that creation of the advisory committee is
in the public interest and describing the nature and purpose of the
committee; and
(3) A draft charter for review by the Committee Management
Secretariat.
(d) Subcommittees that do not function independently of the full or
parent advisory committee need not follow the requirements of paragraph
(c) of this section. However, they are subject to all other
requirements of the Federal Advisory Committee Act.
(e) The requirements of paragraphs (a) through (c) of this section
apply to any subcommittee of a chartered committee, whether its members
are drawn in whole or in part from the full or parent advisory
committee, that functions independently of the parent advisory
committee, such as by making recommendations directly to a GSA official
rather than for consideration by the chartered advisory committee.
41 CFR 105-54.202 Review and approval of proposals.
(a) The GSA Committee Management Officer reviews each proposal to
make sure it conforms with GSA policies and procedures. The Officer
sends the letter of justification, including the draft charter, to the
Committee Management Secretariat. The Secretariat reviews the proposal
and provides its views within 15 calendar days of receipt, if possible.
The Administrator retains final authority for establishing a particular
advisory committee.
(b) When the Secretariat notifies the Officer that establishing the
committee conforms with the Federal Advisory Committee Act, the Officer
obtains the Administrator's approval of the charter and the Federal
Register notice. The Officer publishes the notice in the Federal
Register at least 15 calendar days before the filing of the charter
under 105-54.203 with the standing committees of the Senate and the
House of Representatives having legislative jurisdiction over GSA. The
date of filing constitutes the date of establishment.
41 CFR 105-54.203 Advisory committee charters.
No advisory committee may operate, meet, or take any action until the
Administrator approves its charter and the Committee Management Officer
sends a copy of it to the standing committees of the Senate and the
House of Representatives having legislative jurisdiction over GSA.
41 CFR 105-54.203-1 Preparatiom of charters.
Each committee charter contains the following information:
(a) The committee's official designation;
(b) The committee's objectives and the scope of its activities;
(c) The period of time necessary for the committee to carry out its
purpose (if the committee is intended to function as a standing advisory
committee, this should be made clear);
(d) The official to whom the committee reports, including the
official's name, title, and organization;
(e) The agency and office responsible for providing the necessary
support for the committee;
(f) A description of the duties for which the committee is
responsible (if the duties are not solely advisory, the statutory or
Presidential authority for additional duties shall be specified);
(g) The estimated annual operating costs in dollars and person-years
for the committee;
(h) The estimated number and frequency of committee meetings;
(i) The committee's termination date, if it is less than 2 years from
the date of its establishment; and
(j) The date the charter is filed. This date is inserted by the GSA
Committee Management Officer after the Administrator approves the
charter.
41 CFR 105-54.203-2 Active charters file.
The GSA Committee Management Officer retains each original signed
charter in a file of active charters.
41 CFR 105-54.203-3 Submission to Library of Congress.
The GSA Committee Management Officer furnishes a copy of each charter
to the Library of Congress when or shortly after copies are filed with
the requisite committees of the Congress. Copies for the Library are
addressed: Library of Congress, Exchange and Gift Division, Federal
Documents Section, Federal Advisory Committee Desk, Washington, DC
20540.
41 CFR 105-54.204 Advisory committee membership.
(a) Advisory committees that GSA establishes represent the points of
view of the profession, industry, or other group to which it relates,
taking into account the size, function, geographical location,
affiliation, and other considerations affecting the character of a
committee. To ensure balance, the agency considers for membership a
cross-section of interested persons and groups with professional or
personal qualifications or experience to contribute to the functions and
tasks to be performed. This should be construed neither to limit the
participation nor to compel the selection of any particular individual
or group to obtain different points of view relevant to committee
business. The Administrator designates members, alternates, and
observers, as appropriate, of advisory committees. He/she designates a
Federal officer or employee to chair or attend each meeting of each
advisory committee. The Administrator also designates GSA employees to
serve on advisory committees sponsored by other Government agencies.
The HSSO or Regional Administrator submits nominations and letters of
designation for the Administrator's signature to the GSA Committee
Management Officer and to the Special Counsel for Ethics and Civil
Rights for review and forwarding to the Administrator.
(b) Discrimination is prohibited on the basis of race, color, age,
national origin, religion, sex, or mental and physical handicap in
selecting advisory committee members.
(c) Nominees for membership must submit a Statement of Employment and
Financial Interests (provided to the nominee by the HSSO or Regional
Administrator) and may not be appointed until cleared by the Designated
Agency Ethics Official.
41 CFR 105-54.204 Subpart 105-54.3 -- Advisory Committee Procedures
41 CFR 105-54.300 Scope of subpart.
This subpart sets forth the procedures that will be followed in the
operation of advisory committees within GSA.
41 CFR 105-54.301 Meetings.
(a) Each GSA advisory committee meeting is open to the public unless
the Administrator decides otherwise;
(b) Each meeting is held at a reasonable time and in a place
reasonably accessible to the public;
(c) The meeting room size is sufficient to accommodate committee
members, committee or GSA staff, and interested members of the public;
(d) Any private citizen is permitted to file a written statement with
the advisory committee;
(e) Any private citizen is permitted to speak at the advisory
committee meeting, at the chairperson's discretion;
(f) All persons attending committee meetings at which classified
information will be considered are required to have an adequate security
clearance;
(g) The Designated Federal Officer (who may be either full time or
permanent part-time) for each advisory committee and its subcommittees
does the following:
(1) Approves or calls the meetings of the advisory committee;
(2) Approves the meeting agenda, which lists the matters to be
considered at the meeting and indicates whether any part of the meeting
will be closed to the public under the Government in the Sunshine Act (5
U.S.C. 552b(c)). Ordinarily, copies of the agenda are distributed to
committee members before the date of the meeting;
(3) Attends all meetings (no part of a meeting may proceed in the
Designated Federal Officer's absence);
(4) Adjourns the meeting when he or she determines that adjournment
is in the public interest; and
(5) Chairs the meeting when asked to do so.
(h) The Committee Chairperson makes sure that detailed minutes of
each meeting are kept and certifies to their accuracy. The minutes
include:
(1) Time, date, and place;
(2) A list of the following persons who were present;
(i) Advisory committee members and staff;
(ii) Agency employees; and
(iii) Private citizens who presented oral or written statements;
(3) The estimated number of private citizens present;
(4) An accurate description of each matter discussed and the
resolution of the matter, if any; and
(5) Copies of each report or other document the committee received,
issued, or approved.
(i) The responsible HSSO or the Regional Administrator publishes at
least 15 calendar days before the meeting a notice in the Federal
Register that includes:
(1) The name of the advisory committee as chartered;
(2) The time, date, place, and purpose of the meeting;
(3) A summary of the agenda; and
(4) A statement whether all or part of the meeting is open to the
public of closed; and if closed, the reasons why, and citing the
specific exemptions of the Government is the Sunshine Act (5 U.S.C.
552b) as the basis for closure;
(j) In exceptional circumstances and when approved by the General
Counsel or designee, less than 15 calendar days notice may be given,
provided the reasons for doing so are included in the committee meeting
notice published in the Federal Register;
(k) Notices to be published in the Federal Register are submitted to
the Federal Register Liaison Officer (CAID). At least five workdays are
needed for printing of the notice;
(l) Meetings may also be announced by press release, direct mail,
publication in trade and professional journals, or by notice to special
interest and community groups affected by the Committee's deliberations.
This procedure cannot be a substitute for Federal Register publication;
(m) The fact that a meeting may be closed to the public under the
exemptions of the Government in the Sunshine Act does not relieve GSA of
the requirement to publish a notice of it in the Federal Register. The
Administrator may authorize an exception to this requirement for reasons
of national security if the HSSO requests it at least 30 calendar days
before the meeting, with the concurrence of the General Counsel of
designee.
(n) An advisory committee meeting is not open to the public, nor is
the attendance, appearance, or filing of statements by interested
persons permitted, if the Administrator decides that the meeting is
exempted under the Government in the Sunshine Act (5 U.S.C. 552b (c))
and there is sufficient reason to invoke the exemption. If only part of
the meeting concerns exempted matters, only that part is closed. The
HSSO or Regional Administrator submits any decisions concerning the
closing of meetings in writing to the Administrator for approval at
least 30 calendar days in advance of the meeting. These decisions
clearly set forth the reasons for doing so, citing the specific
exemptions used from the Government in the Sunshine Act in the meeting
notice published in the Federal Register. They are made available to
the public on request. The Administrator may waive the 30-day
requirement when a lesser period of time is requested and adequately
justified.
(o) If any meeting or portion of a meeting is closed to public
attendance, the advisory committee issues a report at lease annually
setting forth a summary of its activities and such related matters as
would be informative to the public, consistent with the policy of 5 U.
S.C. 552(b). Notice of the availability of the report and instructions
on how to gain access to it are published in the Federal Register no
later than 60 days after its completion. In addition, copies of the
report are filed with the Library of Congress.
(p) The General Counsel reviews all requests to close meetings.
(q) The HSSO or Regional Administrator publishes the meeting notices
in the Federal Register, including the reasons why all or part of the
meeting is closed, citing the specified exemptions used from the
Government in the Sunshine Act.
41 CFR 105-54.302 Committee records and reports.
(a) Subject to the Freedom of Information Act (5 U.S.C. 552), the
records, reports, transcripts, minutes, appendixes, working papers,
drafts, studies, agenda, or other documents that were available to or
prepared for or by a GSA advisory committee are available (until the
committee ceases to exist) for public inspection and copying in the
office of the Government Chairperson or Designated Federal Officer.
Requests to inspect or copy these records are processed under 41 CFR
105-60.4. Except where prohibited by a contract entered into before
January 5, 1973, copies of transcripts, if any, of committee meetings
are made available by the Government chairperson or Designated Federal
Officer to any person at the cost of duplication. After the committee's
work ends, disposition of the committee documents and the release of
information from them are made in accordance with Federal records,
statutes, and regulations.
(b) Subject to 5 U.S.C. 552(b) and instructions of the Committee
Management Secretariat, the Government chairperson or Designated Federal
Officer files at least eight copies of each report an advisory committee
makes, including any report on closed meetings with the Library of
Congress at the time of its issuance. Where appropriate, the
chairperson also files copies of background papers that consultants to
the advisory committee prepare with the Library of Congress. The
transmittal letter identifies the materials being furnished, with a copy
of the transmittal provided to the GSA Committee Management Officer.
41 CFR 105-54.303 Fiscal and administrative provisions.
(a) Each HSSO and each Regional Administrator ensures that under
established GSA procedures, records are kept that fully disclose the
disposition of funds at the disposal of an advisory committee and the
nature and extent of the committee's activities.
(b) When GSA is assigned to provide administrative support for a
Presidential advisory committee, the Agency Liaison Coordinator in the
Office of the Deputy Regional Administrator, National Capital Region, as
a part of its support, arranges with the Office of Finance, Office of
the Comptroller, for maintaining all financial records.
(c) Unless otherwise provided in a Presidential order, statute, or
other authority, the GSA service or staff office sponsoring an advisory
committee provides support services for the committee.
(d) The guidelines in paragraph (e) through (l) of this section are
established under section 7(d) of the Federal Advisory Committee Act, 86
Stat. 773. They apply to the pay of members, staff, and consultants of
an advisory committee, except that nothing in this paragraph will affect
a rate of pay or a limitation on a rate of pay that is established by
statute or a rate of pay established under the General Schedule
classification and pay system in Chapter 51 and Subchapter III of
Chapter 53 of Title 5, U.S.C.
(e) The members of GSA advisory committee established pursuant to the
Administrator's authority under section 205(g) of the Federal Property
and Administrative Services Act of 1949, as amended (40 U.S.C. 486(g)),
are not compensated, since, by law, members so appointed shall service
without compensation. A person who (without regard to his or her
service with an advisory committee) is a full-time Federal employee will
normally receive compensation at the rate at which he or she would
otherwise be compensated.
(f) When required by law, the pay of the members of GSA advisory
committees will be fixed to the daily equivalent of a rate of the
General Schedule in 5 U.S.C. 5332 unless the members are appointed as
consultants and compensated as provided in paragraph (h) of this
section. In determining an appropriate rate of pay for the members, GSA
must give consideration to the significance, scope, and technical
complexity of the matters with which the advisory committee is concerned
and the qualifications required of the members of the advisory
committee. GSA may not fix the pay of the members of an advisory
committee at a rate higher than the daily equivalent of the maximum rate
for a GS-15 under the General Schedule, unless a higher rate is mandated
by statute, or the Administrator has personally determined that a higher
rate of pay under the General Schedule is justified and necessary. Such
a determination must be reviewed by the Administrator annually.
Accordingly, the Administrator may not fix the pay of the members of an
advisory committee at a rate of pay higher than the daily equivalent of
a rate for a GSA 18, as provided in 5 U.S. C. 5332.
(g) The pay of each staff member of an advisory committee is fixed at
a rate of the General Schedule, General Management Schedule, or Senior
Executive Service pay rate in which the staff member's position would be
placed (5 U.S.C. Chapter 51). GSA cannot fix the pay of a staff member
higher than the daily equivalent of the maximum rate for GS-15 unless
the Administrator decides that under the General Schedule, General
Management Schedule, or Senior Executive Service classification system,
the staff member's position should be higher than GS-15. The
Administrator must review this decision annually.
(1) In establishing compensation rates, GSA must comply with
applicable statutes, regulations, Executive Orders, and administrative
guidelines.
(2) A staff member who is a Federal employee serves with the
knowledge of the Designated Federal Officer and the approval of the
employee's direct supervisor. A staff member who is a non-Federal
employee is appointed under agency procedures, after consultation with
the advisory committee.
(h) The pay of a consultant to an advisory committee will be fixed
after giving consideration to the qualifications required of the
consultant and the significance, scope, and technical complexity of the
work. The rate of pay will not exceed the maximum rate of pay which the
agency may pay experts and consultants under 5 U.S.C. 3109 and must be
in accordance with any applicable statutes, regulations, Executive
Orders, and administrative guidelines.
(i) Advisory committee and staff members, while performing their
duties away from their homes or regular places of business, may be
allowed travel expenses, including per diem instead of subsistence, as
authorized by 5 U.S.C. 5703 for persons employed intermittently in the
Government service.
(j) Members of an advisory committee and its staff who are blind or
deaf or who otherwise qualify as handicapped persons (under section 501
of the Rehabilitation Act of 1973 (29 U.S.C. 794)), and who do not
otherwise qualify for assistance under 5 U.S.C. 3102, as an employee of
an agency (under section 3102(a)(1) of Title 5), may be provided the
services of a personal assistant.
(k) Under this paragraph, GSA may accept the gratuitous services of a
member, consultant, or staff member of an advisory committee who agrees
in advance to serve without compensation.
(l) A person who immediately before his or her service with an
advisory committee was a full-time Federal employee may receive
compensation at the rate at which he or she was compensated as a Federal
employee.
41 CFR 105-54.304 Cost guidelines.
(a) The reporting and estimating of the costs of advisory committees
include direct obligations for the following items:
(1) Pay compensation of committee members; consultants to the
committee; all permanent, temporary, or part-time (GM, GS, WB, or
other) positions which are a part of or support the committee; and all
overtime related to committee functions (Compensation should reflect
actual or estimated Federal person-years or parts thereof devoted to a
committee's activities. It includes the compensation of Federal
employees assigned to committees, on a reimbursable or nonreimbursable
basis, from agencies or departments other than to which the committee
reports.);
(2) Personnel benefits associated with the above compensation (13
percent of basic payroll);
(3) Travel costs (including per diem) of committee members;
consultants; and all permanent, temporary, or part-time positions which
are a part of or support the committee;
(4) Transportation of things, communications, and printing and
reproduction;
(5) Rent for additional space acquired for committee use;
(6) Other services required by the committee, including data
processing services, management studies and evaluations, contractual
services, and reimbursable services; and
(7) Supplies, materials, and equipment acquired for committee use.
(b) The reporting and estimating of the cost of advisory committees
does not include indirect or overhead costs; e.g., the costs of the
committee management system (committee management officers, etc.).
41 CFR 105-54.305 Renewal of advisory committees.
(a) Each advisory committee being continued is renewed for successive
2-year periods beginning with the date when it was established according
to the following, except for statutory advisory committees: (For
renewal of statutory advisory committees, see paragraph (b) of this
section.)
(1) Advisory committees are not renewed unless there is a compelling
need for them, they have balanced membership, and they conduct their
business as openly as possible under the law.
(2) The renewal of a committee requires that the responsible HSSO
submit to the GSA Committee Management Officer the following:
(i) An updated charter with an explanation of the need for the
renewal of the committee. The charter and explanation are furnished 60
calendar days before the 2-year anniversary date of the committee.);
(ii) A letter signed by the HSSO to the Director, Committee
Management Secretariat, with information copies to the Administrator and
the Deputy Administrator, setting forth:
(A) An explanation of why the committee is essential to the conduct
of agency business and is in the public interest;
(B) GSA's plan to attain balanced membership of the committee; and
(C) An explanation of why the committee's functions cannot be
performed by GSA, another existing GSA advisory committee, or other
means such as a public hearing;
(iii) A notice for publication in the Federal Register describing the
nature and purpose of the committee and containing a certification by
the Administrator that renewing the advisory committee is in the public
interest.
(3) On receiving the above documents, the GSA Committee Management
Officer submits the renewal letter to the Committee Management
Secretariat not more than 60 calendar days nor less than 30 days before
the committee expires. Following receipt of the Committee Management
Secretariat's views on the committee renewal, the Officer obtains the
Administrator's approval of the charter and the Federal Register notice.
The Officer publishes notice of the renewal in the Federal Register and
files copies of the updated charter. The 15-day notice requirement does
not apply to committee renewals, notices of which may be published
concurrently with the filing of the charter.
(b) Each statutory advisory committee is renewed by the filing of a
renewal charter upon the expiration of each successive 2-year period
following the date of enactment of the statute establishing the
committee according to the following:
(1) The procedures in paragraph (a)(2) of this section apply to the
renewal of a statutory committee except that neither prior consultation
with the Committee Management Secretariat nor a Federal Register notice
is required. Accordingly, the letter that paragraph a(2)(ii) requires
is sent to the Administrator rather than the Committee Mangement
Secretariat. Due to the nature of a committee the law established, the
explanation of the need to continue the committee's existence is less
extensive than the explanation for the continuation of a non-statutory
committee; and
(2) The GSA Committee Management Officer provides the Committee
Management Secretariat with a copy of the filed charter.
(c) An advisory commitee required to file a new charter may not take
any action other than preparing the charter between the date it is to be
filed and the date it is actually filed.
41 CFR 105-54.306 Amendment of advisory committee charters.
(a) A charter is amended when GSA decides that the existing charter
no longer accurately reflects the objectives or functions of the
committee. Changes may be minor, such as revising the name of the
committee or modifying the estimated number or frequency of meetings, or
they may be major dealing with the basic objectives or composition of
the committee. The Administrator retains final authority for amending
the charter of an advisory committee. Amending an existing advisory
committee charter does not constitute renewal of the committee.
(b) To make a minor amendment, the Administrator approves the amended
charter and has it filed according to 105-54.203-1.
(c) To make a major amendment, the Committee Management Officer
submits an amended charter and a letter to the Committee Management
Secretariat, signed by the HSSO with the concurrence of the General
Counsel or designee, requesting the Secretariat's views on the amended
language, along with an explanation of the purpose of the changes and
why they are necessary. The Secretariat reviews the proposed changes
and notifies the Committee Management Officer of its views within 15
calendar days of receiving it, if possible. The Administrator has the
charter filed according to 105-54.203-1.
(d) Amending an existing charter does not constitute renewal of the
committee.
41 CFR 105-54.307 Termination of advisory committees.
(a) The sponsoring HSSO terminates an advisory commitee that has
fulfilled the purpose stated in its charter. The official takes action
to rescind any existing orders relating to the committee and to notify
committee members, the GSA Committee Management Officer, and the
Committee Management Secretariat of the termination.
(b) Failing to continue an advisory committee by the 2-year
anniversary date terminates the committee, unless its duration is
provided for by law.
41 CFR 105-54.308 Responsibilities of the Administrator.
The Administrator must ensure:
(a) Compliance with the Federal Advisory Committee Act and this
chapter;
(b) Issuance of administrative guidelines and management controls
that apply to all advisory committees established or used by the agency;
(c) Designation of a Committee Management Officer to carry out the
functions specified in section 89(b) of the Federal Advisory Committee
Act;
(d) Provision of a written determination stating the reasons for
closing any advisory committee meeting to the public;
(e) A review, at least annually, of the need to continue each
existing advisory committee, consistent with the public interest and the
purpose and functions of each committee;
(f) The appointment of a Designated Federal Officer for each advisory
committee and its subcommittee;
(g) The opportunity for reasonable public participation in advisory
committee activities; and
(h) That the number of committee members is limited to the fewest
necessary to accomplish committee objectives.
41 CFR 105-54.309 Added responsibilities of service and staff office
heads and regional administrators.
(a) No later than the first meeting of an advisory committee, submit
to committee members, committee staff, consultants, and appropriate
agency management personnel a written statement of the purpose,
objectives, and expected accomplishments of the committee;
(b) Solicit in writing or in a formal meeting at least annually the
views of committee members on the effectiveness, activities, and
management of the committee, including recommendations for improvement.
Review comments to determine whether improvements or corrective action
is warranted. Retain recommendations until the committee is terminated
or renewed.
(c) Involve key management personnel of the agency whose interests
are affected by the committee in committee meetings, including reviewing
reports and establishing agendas.
(d) Periodically, but not less than annually, review the level of
committee staff suport to make sure that expenditures are justified by
committee activity and benefit to the Government.
(e) Monitor the attendance and participation of committee members and
consider replacing any member who misses a substantial number of
scheduled meetings.
(f) Establish meeting dates and distribute agendas and other
materials well in advance.
41 CFR 105-54.310 Advisory committee duties of the GSA Committee
Management Officer.
In addition to implementing the provisions of section 8(b) of the
Federal Advisory Committee Act, the GSA Committee Management Officer
carries out all responsibilities delegated by the Administrator. The
Officer ensures that sections 10(b), 12(a), and 13 of the Act are
implemented by GSA to provide for appropriate record keeping. Records
include, but are not limited to:
(a) A set of approved charters and membership lists for each advisory
committee;
(b) Copies of GSA's portion of the Annual Report of Federal Advisory
Committees.
(c) Guidelines on committee management operations and procedures as
maintained and updated; and
(d) Determinations to close advisory committee meetings.
41 CFR 105-54.311 Complaint procedures.
(a) Any person whose request for access to an advisory committee
document is denied may seek administrative review under 41 CFR 105-60,
which implements the Freedom of Information Act. (See GSA Order, GSA
regulations under the ''Freedom of Information Act'' (ADM 7900.3A).)
(b) Aggrieved individuals or organizations may file written
complaints on matters not involving access to documents with the Deputy
Administrator, General Services Administration, Washington, DC 20405.
Complaints must be filed within 90 calendar days from the date the
grievance arose. The Deputy Administrator promptly acts on each
complaint and notifies the complainant in writing of the decision.
41 CFR 105-54.311 Subpart 105-54.4 -- Reports
41 CFR 105-54.400 Scope of subpart.
This subpart sets forth the reports required by this part 105-54 and
prescribes instructions for submission of the reports.
41 CFR 105-54.401 Reports on GSA Federal Advisory Committees.
(a) The Committee Management Secretariat periodically issues
reporting instructions and procedures. The GSA Committee Management
Officer files a report each fiscal year providing program, financial,
and membership information. The Secretariat uses the information in
preparing recommendations and status reports on advisory committee
matters and in assisting the President in preparing and submitting a
fiscal year report to the Congress. Instructions for preparing GSA's
submission are provided by the GSA Committee Management Officer.
(b) Reports on closed meetings are required as specified in
105-54.301(o).
41 CFR 105-54.401 PART 105-55 -- COLLECTION OF CLAIMS OWED THE UNITED
STATES
Sec.
105-55.001 Background.
105-55.002 Purpose.
105-55.003 Applicability.
105-55.004 Demand for payment.
105-55.005 Interest, administrative charges, and penalty charges.
105-55.006 Responsibility for collection.
105-55.007 Collection by offset.
105-55.008 Settlement of claims.
105-55.009 Referral for litigation.
105-55.010 Disclosure to credit reporting agencies and referrals to
collection agencies.
105-55.011 Credit report.
Authority: 31 U.S.C. 3701-3719; Pub. L. 97-365, 96 Stat. 1754.
Source: 50 FR 37531, Sept. 16, 1985, unless otherwise noted.
41 CFR 105-55.001 Background.
The Department of Justice and the General Accounting Office have
jointly issued amended Federal Claims Collection Standards (4 CFR parts
101-105) which reflect changes to the Federal Claims Collection Act of
1966 (31 U.S.C. 3701-3719) made by the passage of the Debt Collection
Act of 1982 (Pub. L. 97-365, 96 Stat. 1754). The preamble to the amended
Federal Claims Collection Standards instructs individual agencies to
adopt their own regulations as to detailed procedures in furtherance of
the Federal Claims Collection Standards. Additionally, the Debt
Collection Act of 1982 directs, as reflected in the Federal Claims
Collection Standards, that each agency must prescribe regulations on
collecting by administrative offset and that each agency may prescribe
regulations identifying circumstances appropriate to waive collection of
interest and charges in conformity with the Federal Claims Collection
Standards.
41 CFR 105-55.002 Purpose.
In keeping with the suggestion in the preamble to the amended Federal
Claims Collection Standards and the directives in the Debt Collection
Act of 1982 and the Federal Claims Collection Standards as to
administrative offset and the collection of interest and charges, this
part provides procedures for the General Services Administration to
collect, compromise, or terminate collection action on claims owed to
the United States arising from activities under GSA jurisdiction. It
implements the Federal Claims Collection Act as amended by the Debt
Collection Act. It supplements the regulations published jointly by the
General Accounting Office and the Department of Justice. It sets forth
procedures by which GSA:
(a) Will collect claims owed to the United States;
(b) Will determine and collect interest and other charges on those
claims;
(c) Will compromise claims; and
(d) Will refer unpaid claims for litigation.
41 CFR 105-55.003 Applicability.
(a) This part applies to all claims due the United States under the
Federal Claims Collection Act, as amended by the Debt Collection Act,
arising from activities under the jurisdiction of the General Services
Administration, except for the collection by administrative offset of
those claims arising out of contracts subject to the Contracts Disputes
Act of 1982, 41 U.S.C. 601 et. seq. The word ''claims'' includes but is
not limited to amounts due the United States from fees, overpayments,
fines, civil penalties, damages, interest and other sources.
(b) Claims arising from the audit of transportation accounts pursuant
to 31 U.S.C. 3726 shall be determined, collected, compromised,
terminated or settled in accordance with regulation published under the
authority of 31 U.S.C. 3726 (see 41 CFR part 101-41, administered by the
Director, Office of Transportation Audits) and are otherwise excepted
from these regulations.
(50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8,
1987)
41 CFR 105-55.004 Demand for payment.
(a) A total of three progressively stronger written demands at
approximately 30-day intervals will normally be made, unless a response
or other information indicates that additional written demands would
either be unnecessary or futile. When necessary to protect the
Government's interest, written demand may be preceded by other
appropriate actions under the Federal Claims Collection Standards,
including immediate referral for litigation and/or offset.
(b) The initial written demand for payment shall inform the debtor
of:
(1) The basis for the claim;
(2) The amount of the claim;
(3) The date when payment is due; (30 days from date of mailing or
hand delivery of the initial demand for payment);
(4) The provision for interest, penalties, and administrative charges
in accordance with 31 U.S.C. 3717, if payment is not received by the due
date (See 105-55.005 for details regarding interest, administrative
charges, and penalty charges.)
(5) The intent of the agency to collect by administrative offset,
including asking the assistance of other Federal agencies to help in the
offset whenever possible, if the debtor has not made payment by the
payment due date, has not requested a review of the claim within the
agency as set out in paragraph (b)(8) of this section or has not made an
arrangement for payment by the payment due date;
(6) The right of the debtor to inspect and copy the records of the
agency related to the claim. Any costs associated therewith shall be
borne by the debtor. The debtor shall give reasonable notice in advance
to the agency of the date upon which it intends to inspect and copy the
records involved;
(7) The right of the debtor to a review of the claim within the
agency. If the claim is disputed in full or part, the debtor shall
respond to the demand in writing by making a request for a review of the
claim within the agency by the payment due date stated in the demand.
The debtor's written response shall state the basis for the dispute. If
only part of the claim is disputed, the undisputed portion should be
paid by the date stated in the initial demand. The agency shall
acknowledge receipt of the request for a review, and upon completion of
consideration shall notify the debtor whether its determination has been
sustained, amended, or canceled within 15 days of the receipt of the
request for a review. If the agency either sustains or amends its
determination, it shall notify the debtor of its intent to collect by
administrative offset unless payment is received within 15 days of the
mailing of the notification of its decision following a review of the
claim.
(8) The right of the debtor to offer to make a written agreement to
repay the amount of the claim. The acceptance of such an agreement is
discretionary with the agency. If the debtor requests a repayment
arrangement because a payment of the amount due would create a financial
hardship, the appropriate GSA Regional Finance Division will analyze the
debtor's financial condition. Dependent upon the Regional Finance
Division's evaluation of the financial strength of the debtor, the
Comptroller or the appropriate designee and the debtor may agree to a
written installment repayment schedule. The debtor shall execute a
confess-judgment note which specifies all of the terms of the
arrangement. The size and frequency of installment payments should bear
a reasonable relation to the size of the debt and the debtor's ability
to pay. Interest, administrative charges, and penalty charges shall be
provided for in the note. The debtor shall be provided with a written
explanation of the consequences of signing a confess-judgment note. The
debtor shall sign a statement acknowledging receipt of the written
explanation which shall recite that the statement was read and
understood before execution of the notice and that the note is being
signed knowingly and voluntarily. Some form of objective evidence of
these facts should be maintained in the agency's file on the debtor.
(c) If no response to the demand is received by the date stated in
the demand, GSA will take further action under this subpart or under the
Federal Claims Collection Standards. These actions may include reports
to credit bureaus, referrals to collection agencies, termination of
contract, debarment, offset of Federal salary, and other administrative
offset, as authorized in 31 U.S.C. 3701-3719.
41 CFR 105-55.005 Interest, administrative charges, and penalty charges.
(a) GSA shall assess interest on unpaid claims at the rate of the
current value of funds to the Treasury as prescribed by the Secretary of
the Treasury on the date interest begins to run. GSA shall assess
administrative charges to cover the costs of processing and handling
overdue claims. GSA shall assess penalty charges of six percent a year
on any part of a debt more than 90 days past due. The imposition of
interest, administrative charges, and penalty charges are made in
accordance with 31 U.S.C. 3717.
(b) Interest will be computed from the date of mailing or hand
delivery of the initial demand if the amount of the claim is not paid
within 30 days. The 30-day period may be extended in individual cases
if there is good cause to do so and it is in the public interest.
Interest will only be computed on the principal of the claim and the
interest rate will remain fixed for the duration of the indebtedness,
except where a debtor has defaulted on a repayment agreement and seeks
to enter into a new agreement. A new rate which reflects the current
value of funds to the Treasury at the time the new agreement is executed
may be set if applicable and interest on interest and related charges
may be charged where the debtor has defaulted on a previous repayment
agreement. Charges which accrued but were not collected under the
defaulted agreement shall be added to the principal to be paid under the
new repayment schedule.
(c) GSA may waive interest, administrative charges, or penalty
charges if it finds that:
(1) The debtor is unable to pay any significant sum toward the claim
within a reasonable period of time;
(2) Collection of interest, administrative charges, or penalty
charges will jeopardize collection of the principal of the claim; or
(3) It is otherwise in the best interests of the United States,
including the situation where an offset or installment payment agreement
is in effect.
41 CFR 105-55.006 Responsibility for collection.
(a) Heads of Central Office Services and Staff Offices and Regional
Administrators must initiate actions on claims arising from their
program operations and immediately notify the appropriate Regional
Finance Division. A claim will be recorded and controlled by the
Regional Finance Division upon receipt of documentation from a competent
authority establishing the amount due.
(b) The collection of claims under the control of Regional Finance
Divisions will be aggressively pursued in accordance with the provisions
of part 102 of the Federal Claims Collection Standards (4 CFR part 102).
Whenever feasible, debts owed to the United States, together with
interest, administrative charges and penalty charges, should be
collected in full in one lump sum. If the debtor requests installment
payments, the Regional Finance Divisions shall be responsible for
determining the financial hardship of debtors and when appropriate shall
arrange installment payment schedules. Claims which cannot be collected
either directly or by administrative offset shall either be written off
as administratively uncollectible in accordance with authority delegated
to the Director, Office of Finance and the Directors, Regional Finance
Divisions, or referred to the appropriate Assistant General Counsel or
Regional Counsel for further consideration.
(c) The General Counsel, delegated officials in the Office of General
Counsel, and each Regional Counsel may compromise or suspend or
terminate the collection of, referred claims under $20,000, exclusive of
interest, penalties and administrative charges under the Act and the
Federal Claims Collection Standards 4 CFR parts 103 and 104.
(d) The Office of General Counsel officials listed in paragraph (c)
of this section have the responsibility for referring to the Department
of Justice all claims over $20,000 exclusive of interest, penalties and
administrative charges which cannot be compromised, suspended or
terminated in accordance with the Federal Claims Collection Act and the
Federal Claims Collections Standards. Referrals to the Department of
Justice shall be made in accordance with 4 CFR part 105 of the Federal
Claims Collections Standards.
41 CFR 105-55.007 Collection by offset.
(a) Whenever feasible, after a debtor fails to pay the claim, request
a review of the claim, or make an arrangement for payment. The
Comptroller or his appropriate regional designee will collect claims
under this part by means of administrative offset against obligations of
the United States to the debtor, pursuant to 31 U.S.C. 3716, except
offset of Federal salaries and claims arising out of contracts subject
to the Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq.
(b) Salary offsets and offsets against military retired pay are
governed by 5 U.S.C. 5514.
(c) Collection by administrative offset of amounts payable from Civil
Service Retirement and Disability Fund will be made pursuant to 5 U.S.C.
5514 and 5 U.S.C. 5705 and regulations thereunder.
(d) The offset of claims arising out of contracts subject to the
Contract Disputes Act of 1978, 41 U.S.C. 601 et. seq. will be made
pursuant to the Government common law right of offset.
(e) GSA will promptly make requests for offset to other agencies
holding funds payable to a debtor and provide instructions for the
transfer of these funds. Requests for offset received from other
agencies shall be processed promptly and the funds transferred to the
requesting agency.
(f) If administrative offset cannot be effected through GSA or other
known agency accounts receivable, then GSA will place a complete stop
order against amounts otherwise payable to the debtor by placing the
name of that debtor on the Department of the Army ''List of Contractors
Indebted to the United States.'' If any amounts are discovered under
this procedure, they will be offset against the debt owed to GSA.
(g) GSA should not attempt to effect collection by administrative
offset when:
(1) The debtor has ceased to do business and there are no known or
potential obligations payable by any agency of the United States
Government to the debtor.
(2) The debt in question is over ten years old.
(3) The debtor has either gone into receivership and has liquidated
all of its assets or has filed a petition in bankruptcy as a no asset
debtor, and there is no likelihood of the debtor resuming operations;
and there are no known or potential obligations payable by any agency of
the United States Government to the debtor. In the case of a bankruptcy
petition, the automatic stay against setoff must be honored pending
release from the stay.
(4) The debtor is deceased, and there are no attachable assets in the
estate.
(5) Any other circumstances which would indicate that the likelihood
of collection by administrative offset is less than probable.
(50 FR 37531, Sept. 16, 1985, as amended at 52 FR 46468, Dec. 8,
1987)
41 CFR 105-55.008 Settlement of claims.
(a) In accordance with the provisions of 4 CFR part 103, GSA
officials listed in 105-55.006(c) may settle claims not exceeding
$20,000 exclusive of interest, penalties and administrative charges by
compromise at less than the principal of the claim if:
(1) The debtor shows an inability to pay the full amount within a
reasonable time;
(2) The Government would be unable to enforce complete collection by
any means within a reasonable time;
(3) The amount of the claim does not justify the actual foreseable
collection cost of the claim; or
(4) A combination of the above reasons.
(b) GSA may suspend or terminate collection action in accordance with
the terms and procedures contained in 4 CFR part 104.
41 CFR 105-55.009 Referral for litigation.
Claims which cannot be settled under 105-55.008 or for which
collection action cannot be suspended or terminated under 4 CFR parts
103 and 104, will be referred to the General Accounting Office or the
Department of Justice, whichever is appropriate, in accordance with the
procedures in 4 CFR part 105.
41 CFR 105-55.010 Disclosure to credit reporting agencies and referrals
to collection agencies.
The Comptroller and his designees may disclose debtor information to
credit reporting agencies and may refer delinquent debts to debt
collection agencies under the Federal Claims Collection Act, as amended,
and other applicable authorities, provided, however, that no claim
arising from the dishonor of any check or other negotiable instrument
shall be disclosed to a credit reporting agency or referred to a
collection agency without the concurrence of the appropriate Regional
Inspector General for Investigations. Information will be disclosed to
reporting agencies and referred to debt collection agencies in
accordance with the terms and conditions of agreements entered into
between GSA and the reporting and collection agencies. The terms and
conditions of such agreements shall specify that all of the rights and
protections afforded to the debtor under 31 U.S.C. 3711(f) have been
fulfilled.
41 CFR 105-55.011 Credit report.
In order to aid the agency in making appropriate determinations as to
the collection and compromise of claims; the collection of interest,
administrative charges, and penalty charges; the use of administrative
offset; the use of other collection methods; and the likelihood of
collecting the claim, the Comptroller or his designees may institute a
credit investigation of the debtor immediately following receipt of
knowledge of the claim.
41 CFR 105-55.011 PART 105-56 -- SALARY OFFSET FOR INDEBTEDNESS OF
GENERAL SERVICES ADMINISTRATION EMPLOYEES TO THE UNITED STATES
Sec.
105-56.001 Scope.
105-56.002 Excluded debts or claims.
105-56.003 Definitions.
105-56.004 Pre-offset notice.
105-56.005 Employee response.
105-56.006 Petition for pre-offset hearing.
105-56.007 Pre-offset oral hearing.
105-56.008 Pre-offset ''paper hearing.''
105-56.009 Written decision.
105-56.010 Deductions.
105-56.011 Non-waiver of rights.
105-56.012 Refunds.
105-56.013 Coordinating offset with another Federal agency.
Authority: 5 U.S.C. 5514; Pub. L. 97-365, 96 Stat. 1754.
Source: 53 FR 31864, Aug. 22, 1988, unless otherwise noted.
41 CFR 105-56.001 Scope.
(a) This part covers both internal and Government-wide collections
under 5 U.S.C. 5514. It applies when certain debts to the U.S. are
recovered by administrative offset from the disposable pay of an
employee of the U.S. Government, except in situations where the employee
consents to the recovery.
(b) The collection of any amount under this section shall be in
accordance with the standards promulgated pursuant to the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701 et seq.) or in accordance with
any other statutory authority for the collection of claims of the U.S.
or any Federal agency.
41 CFR 105-56.002 Excluded debts or claims.
This part does not apply to:
(a) Debts or claims arising under the Internal Revenue Code of 1954
as amended (26 U.S.C. 1 et seq.), the Social Security Act (41 U.S.C.
301 et seq.), or the tariff laws of the United States.
(b) To any case where collection of a debt by salary offset is
explicitly provided for or prohibited by another statute, such as travel
advances in 5 U.S.C. 5705 and employee training expenses in 5 U. S.C.
4108. Debt collection procedures under other statutory authorities,
however, must be consistent with the provisions of FCCS, defined below..
(c) An employee election of coverage or of a change of coverage under
a Federal benefits program which requires periodic deductions from pay
if the amount to be recovered was accumulated over four pay periods or
less.
41 CFR 105-56.003 Definitions.
The following definitions apply to this part:
''Administrator'' means the Administrator of the General Services or
the Administrator's designee.
''Debt'' means an amount owed to the United States from sources which
include loans insured or guaranteed by the United States and all other
amounts due the United States from fees, leases, rents, royalties,
services, sales of real or personal property, overpayments, penalties,
damages, interest, fines and forfeitures and all other similar sources.
''Disposable pay'' means the amount that remains from an employee's
Federal pay after required deductions for Federal, State and local
income taxes; Social Security taxes, including Medicare taxes; Federal
retirement programs; premiums for life and health insurance benefits;
and such other deductions that are required by law to be withheld.
''Employee'' means a current employee of the General Services
Administration, or other executive agency.
''FCCS'' means the Federal Claims Collection Standards jointly
published by the Justice Department and the General Accounting Office at
4 CFR 101.1 et seq.
''Pay'' means basic pay, special pay, incentive pay, retired pay,
retainer pay, or in the case of an individual not entitled to basic pay,
other authorized pay.
''Program official'' means a supervisor or management official of the
employee's service or staff office.
''Salary offset'' means an administrative offset to collect a debt
under 5 U.S.C. 5514 by deduction(s) at one or more officially
established pay intervals from the current pay account of an employee
without his or her consent.
''Waiver'' means the cancellation, remission, forgiveness, or
nonrecovery of a debt allegedly owed by an employee to an agency as
permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774 or 32 U.S.C.
716, 5 U.S.C. 8346(b), or any other law.
41 CFR 105-56.004 Pre-Offset notice.
The employee is entitled to written notice from an appropriate
program officer in his or her employing activity at least 30 days in
advance of initiating a deduction from disposable pay informing him or
her of:
(a) The nature, origin and amount of the indebtedness determined by
the General Services Administration or another agency to be due;
(b) The intention of the agency to initiate proceedings to collect
the debt through deductions from the employee's current disposable pay;
(c) The amount, frequency, proposed beginning date, and duration of
the intended deductions;
(d) GSA's policy concerning how interest is charged and penalties and
administrative cost assessed, including a statement that such
assessments must be made unless excused under 31 U.S.C. 3717 and the
FCCS, 4 CFR 101.1 et seq.;
(e) The employee's right to inspect and copy Government records
relating to the debt if Government records of the debt are not attached,
or if the employee or his or her representative cannot personally
inspect the records, the right to receive a copy of such records. Any
costs associated therewith shall be borne by the debtor. The debtor
shall give reasonable notice in advance to GSA of the date on which he
or she intends to inspect and copy the records involved;
(f) A demand for repayment providing for an opportunity, under terms
agreeable to GSA, for the employee to establish a schedule for the
voluntary repayment of the debt by offset or to enter into written
repayment agreement of the debt in lieu of offset;
(g) The employee's right to request a waiver from the General
Accounting Office if a waiver of repayment is authorized by law;
(h) The employee's right to pre-offset hearing conducted by a hearing
official arranged by the appropriate program official of his or her
employing activity if a petition is filed as prescribed by 105-56.005.
Such hearing official will be either an administrative law judge or a
hearing official not under the control of the head of the agency and
will be designated in accordance with the procedures established in 5
CFR 550.1107;
(i) The method and time period for petitioning for a hearing,
including a statement that the timely filing of a petition for hearing
will stay the commencement of collection proceedings;
(j) The issuance of a final decision on the hearing, if requested, at
the earliest practicable date, but no later than 60 days after the
petition is filed unless a delay is requested and granted;
(k) The risk that any knowingly false or frivolous statements,
representations, or evidence may subject the employee to:
(1) Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 5
CFR part 752, or any other applicable statutes or regulations;
(2) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or any
other applicable statutory authority;
(3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or
any other applicable statutory authority.
(l) Any other rights and remedies available to the employee under
statutes or regulations governing the program for which the collection
is being made.
(m) The employee's right to a prompt refund if amounts paid or
deducted are later waived or found not owed, unless otherwise provided
by law;
(n) The specific address to which all correspondence shall be
directed regarding the debt.
41 CFR 105-56.005 Employee response.
(a) Voluntary repayment agreement. An employee may submit a request
to the official who signed the demand letter to enter into a written
repayment agreement of the debt in lieu of offset. The request must be
made within 7 days of receipt of notice under 105-56.004. The agreement
must be in writing, signed by both the employee and the program official
making the demand and a signed copy must be sent to the regional finance
division serving the program activity. Acceptance of such an agreement
is discretionary with the agency. An employee who enters into such an
agreement may nevertheless seek a waiver under paragraph (b) of this
section.
(b) Waiver. Where a waiver of repayment is authorized by law, the
employee may request a waiver from the General Accounting Office.
(c) Reconsideration. (1) An employee may seek a reconsideration of
the Agency's determination regarding the existence or amount of the
debt. The request must be submitted to the official who signed the
demand letter within 7 days of receipt of notice under 105-56.004.
Within 20 days of receipt of this notice, the employee shall submit a
detailed statement of reasons for reconsideration which must be
accompanied by supporting documentation.
(2) An employee may request a reconsideration of the proposed offset
schedule. The request must be submitted to the program official who
signed the demand letter within 7 days of receipt of notice under
105-56.004. Within 20 days of receipt of this notice, the employee shall
submit an alternative repayment schedule accompanied by a detailed
statement supported by documentation evidencing financial hardship
resulting from the agency's proposed schedule. Acceptance of the
request is discretionary with the agency. The agency must notify the
employee in writing of its decision concerning the request to reduce the
rate of an involuntary deduction.
41 CFR 105-56.006 Petition for pre-offset hearing.
(a) The employee may petition for a pre-offset hearing by filing a
written petition with the program official who signed the demand letter
within 15 days of receipt of the written notice. The petition must
state why the employee believes the agency's determination concerning
the existence or amount of the debt is in error, and set forth
objections to the involuntary repayment schedule. The timely filing of
a petition will suspend the commencement of collection proceedings.
(b) The employee's petition or statement must be signed by the
employee.
(c) Petitions for hearing made after the expiration of the 15 day
period may be accepted if the employee can show that the delay was
because of circumstances beyond his or her control or because of failure
to receive notice of the time limit.
(d) If the employee timely requests a pre-offset hearing or the
timeliness is waived, the program official must:
(1) Notify the employee whether the employee may elect an oral
hearing or whether he or she may have only a ''paper hearing,'' i.e., a
review on the written record (see 4 CFR 102.3(c)). In either case, the
program official will arrange for a hearing official; and
(2) The program official will provide the hearing official with a
copy of all records on which the determination of the debt and any
involuntary repayment schedule are based.
(e) An employee who elects an oral hearing must notify the hearing
official and the program official in writing within 5 days of receipt of
the notice under paragraph (d)(1) of this section and within 20 days of
receipt of the notice under (d)(1) the employee shall fully identify and
explain with reasonable specificity all the facts, evidence and
witnesses which the employee believes support his or her position.
(f) The hearing official shall notify the program official and the
employee of the date, time and location of the hearing.
(g) If the employee later elects to have the hearing based only on
the written submissions, notification must be given to the hearing
official and the program official at least 3 calendar days before the
date of the oral hearing. The hearing official may waive the 3-day
requirement for good cause.
(h) Failure of the employee to appear at the oral hearing can result
in dismissal of the petition and affirmation of the agency's decision.
41 CFR 105-56.007 Pre-offset oral hearing.
(a) Oral hearings are informal in nature. The agency, represented by
a program official or a representative of the Office of General Counsel,
and the employee, or his or her representative, shall explain their case
in the form of an oral presentation with reference to the documentation
submitted. The employee may testify on his or her own behalf, subject
to cross examination. Other witnesses may be called to testify where
the hearing official determines the testimony to be relevant and not
redundant.
(b) The hearing official shall --
(1) Conduct a fair and impartial hearing; and
(2) Preside over the course of the hearing, maintain decorum, and
avoid delay in the disposition of the hearing.
(c) The employee may represent himself or herself or may be
represented by another person at the hearing. The employee may not be
represented by a person who creates an actual or apparent conflict of
interest.
(d) Oral hearings are open to the public. However, the hearing
official may close all or any portion of the hearing when doing so is in
the best interests of the employee or the public.
(e) Oral hearings may be conducted by conference call at the request
of the employee or at the discretion of the hearing official.
41 CFR 105-56.008 Pre-offset ''paper hearing.''
If a hearing is to be held only upon written submissions, the hearing
official shall issue a decision based upon the record and responses
submitted by both the agency and the employee.
41 CFR 105-56.009 Written decision.
Within 60 days of filing of the employee's petition for a pre-offset
hearing, the hearing official will issue a written decision setting
forth: The facts supporting the nature and origin of the debt; the
hearing official's analysis, findings and conclusions as to the
employee's or agency's grounds, the amount and validity of the debt and
the repayment schedule.
41 CFR 105-56.010 Deductions.
(a) When deductions may begin. If the employee filed a petition for
hearing with the program official before the expiration of the period
provided for in 105-56.006, then deductions will begin after the hearing
official has provided the employee with a hearing, and the final written
decision is in favor of the agency. It is the responsibility of the
employee's program official to issue the pre-offset notice to the
employee and to instruct the National Payroll Center to begin offset in
accordance with the final written decision.
(b) Retired or separated employees. If the employee retires,
resigns, or is terminated before collection of the amount of the
indebtedness is completed, the remaining indebtedness will be offset
from any subsequent payments of any nature. If the debt cannot be
satisfied from subsequent payments, then the debt must be collected
according to the procedures for administrative offset pursuant to 31 U.
S.C. 3716.
(c) Types of collection. A debt may be collected in one lump sum or
in installments. Collection will be by lump-sum unless the employee is
able to demonstrate to the program official who signed the demand letter
that he or she is financially unable to pay in one lump-sum. In these
cases, collection will be by installment deductions.
(d) Methods of collection. If the debt cannot be collected in one
lump sum, the debt will be collected by deductions at officially
established pay intervals from an employee's current pay account, unless
the employee and the program official agree to an alternative repayment
schedule. The alternative arrangement must be in writing and signed by
both the employee and the program official.
(1) Installment deductions. Installment deductions will be made over
the shortest period possible. The size and frequency of installment
deductions will bear a reasonable relation to the size of the debt and
the employee's ability to pay. However, the amount deducted for any
period will not exceed 15 percent of the disposable pay from which the
deduction is made, unless the employee has agreed in writing to the
deduction of a greater amount. The installment payment will be
sufficient in size and frequency to pay the debt over the shortest
period possible and never to exceed three years. Installment payments of
less than $100 per pay period will be accepted only in the most unusual
circumstances.
(2) Sources of deductions. GSA will make deductions only from basic
pay, special pay, incentive pay, retired pay, retainer pay, or in the
case of an employee not entitled to basic pay, other authorized pay.
(e) Interest, penalties and administrative costs on debts under this
part will be assessed according to the provisions of 4 CFR 102.13.
41 CFR 105-56.011 Non-waiver of rights.
An employee's involuntary payment of all or any portion of a debt
being collected under 5 U.S.C. 5514 shall not be construed as a waiver
of any rights which the employee may have under 5 U.S.C. 5514 or any
other provision of contract or law unless there are statutory or
contractual provisions to the contrary.
41 CFR 105-56.012 Refunds.
GSA will refund promptly to the appropriate individual amounts offset
under these regulations when:
(a) A debt is waived or otherwise found not owing the United States
(unless expressly prohibited by statute or regulation); or
(b) GSA is directed by an administrative or judicial order to refund
amounts deducted from the employee's current pay.
41 CFR 105-56.013 Coordinating offset with another Federal agency.
(a) When GSA is owed the debt. When GSA is owed a debt by an
employee of another agency, the other agency shall not initiate the
requested offset until GSA provides the agency with a written
certification that the debtor owes GSA a debt and that GSA has complied
with these regulations. This certification shall include the amount and
basis of the debt and the due date of the payment.
(b) When another agency is owed the debt. GSA may use salary offset
against one of its employees who is indebted to another agency if
requested to do so by that agency. Any such request must be accompanied
by a certification from the requesting agency that the person owes the
debt, the amount of the debt and that the employee has been given the
procedural rights required by 5 U.S.C. 5514 and 5 CFR part 550, subpart
K.
41 CFR 105-56.013 PART 105-60 PUBLIC AVAILABILITY OF AGENCY RECORDS AND
INFORMATIONAL MATERIALS
Sec.
105-60.000 Scope of part.
41 CFR 105-56.013 Subpart 105-60.1 -- General Provisions
105-60.101 Purpose.
105-60.102 Application.
105-60.103 Policy.
105-60.103-1 Availability of records.
105-60.103-2 Applying exemptions.
105-60.104 Records of other agencies.
105-60.105 Inconsistent directives of GSA superseded.
41 CFR 105-56.013 Subpart 105-60.2 -- Publication of General Agency
Information and Rules in the Federal Register
105-60.201 Published information and rules.
105-60.202 Published materials available for sale to the public.
41 CFR 105-56.013 Subpart 105-60.3 -- Availability of Opinions, Orders,
Policies, Interpretations, Manuals, and Instructions
105-60.301 General.
105-60.302 Available materials.
105-60.303 Rules for public inspection and copying.
105-60.304 Index.
105-60.305 Fees.
105-60.305-1 Definitions.
105-60.305-2 Scope of section.
105-60.305-3 Record material available without charge.
105-60.305-4 Copy of GSA records available at a fee.
105-60.305-5 Waiver of fee.
105-60.305-6 Searches.
105-60.305-7 Reviews.
105-60.305-8 Prepayment of fees over $250.
105-60.305-9 Form of payment.
105-60.305-10 Fee schedule.
105-60.305-11 Fees for authenticated and attested copies.
105-60.305-12 Administrative actions to improve assessment and
collection of fees.
41 CFR 105-56.013 Subpart 105-60.4 -- Described Records
105-60.401 General.
105-60.402 Procedures for making records available.
105-60.402-1 Submission of requests.
105-60.402-2 Response to initial requests.
105-60.403 Appeal within GSA.
105-60.404 Extension of time limits.
41 CFR 105-56.013 Subpart 105-60.5 -- Exemptions
105-60.501 Categories of records exempt from disclosure under the
FOIA.
41 CFR 105-56.013 Subpart 105-60.6 -- Subpoenas or Other Legal Demands
for Records
105-60.601 Service of subpoena or other legal demand.
Authority: Sec. 205(c) of the Federal Property and Administrative
Services Act of 1949, as amended, 63 Stat. 390, 40 U.S.C. 486(c); and
5 U.S.C. 552 (Pub. L. 90-23, as amended by Pub. L. 93-502 and Pub. L.
99-570).
Source: 53 FR 1479, Jan. 20, 1988, unless otherwise noted.
41 CFR 105-60.000 Scope of part.
This part sets forth policies and procedures concerning the
availability to the public of records held by the General Services
Administration (GSA) with respect to:
(a) Agency organization, functions, decisionmaking channels, and
rules and regulations of general applicability,
(b) Agency final opinions and orders, including policy statements and
staff manuals,
(c) Operational and other appropriate agency records, and
(d) Agency proceedings.
This part also covers exemptions from disclosure of these records;
procedures for the public to inspect and obtain copies of GSA records;
and the service of a subpoena or other legal demand with respect to
records.
41 CFR 105-60.000 Subpart 105-60.1 -- General Provisions
41 CFR 105-60.101 Purpose.
Part 105-60 implements the provisions of the Freedom of Information
Act, 5 U.S.C. 552 (''FOIA'') (Pub. L. 90-23, which codified Pub. L.
89-487 and amended section 3 of the Administrative Procedure Act,
formerly 5 U.S.C. 1002 (1964 ed.); Pub. L. 93-502, popularly known as
the Freedom of Information Act Amendments of 1974, as amended by Pub.
L. 99-570, the Freedom of Information Reform Act of 1986. This part
prescribes procedures by which the public may inspect and obtain copies
of GSA records under the FOIA.
41 CFR 105-60.102 Application.
This part applies to all records and informational materials
generated, maintained, and controlled by GSA which come within the scope
of 5 U.S.C. 552.
41 CFR 105-60.103 Policy.
41 CFR 105-60.103-1 Availability of records.
GSA records are available to the greatest extent possible in keeping
with the spirit and intent of the FOIA. GSA will furnish them promptly
to any member of the public upon request addressed to the office
designated in 105-60.402-1 at fees specified in 105-60.305-10. The
person making the request need not have a particular interest in the
subject matter, nor must that person provide justification for the
request. The requirement of the FOIA that records be available to the
public refers only to records in being at the date of the request and
imposes no obligation on GSA to compile a record including development
of a new computer program to respond to a request.
41 CFR 105-60.103-2 Applying exemptions.
GSA may deny a request for a GSA record if it falls within an
exemption under the FOIA as outlined in Subpart 105-60.5. Except when a
record is classified or when disclosure would violate any Federal
statute, the authority to withhold a record from disclosure is
permissive rather than mandatory. GSA will not withhold a record unless
there is a compelling reason to do so. In the absence of a compelling
reason, GSA will disclose a record although it otherwise is subject to
exemption.
41 CFR 105-60.104 Records of other agencies.
If GSA receives a request to make available current records that are
the primary responsibility of another agency, GSA will refer the request
to the agency concerned for appropriate action. GSA will inform the
requester that GSA has forwarded the request to the responsible agency.
41 CFR 105-60.105 Inconsistent directives of GSA superseded.
Any policies and procedures in any GSA directive that are
inconsistent with the policies and procedures set forth in this part are
superseded to the extent of that inconsistency.
41 CFR 105-60.105 Subpart 105-60.2 -- Publication of General Agency Information and Rules in the Federal Register
41 CFR 105-60.201 Published information and rules.
In accordance with 5 U.S.C. 552(a)(1), GSA publishes in the Federal
Register, for the guidance of the public, the following general
information concerning GSA:
(a) Description of the organization of the Central Office and
regional offices and the established places at which, the employees from
whom, and the methods whereby, the public may obtain information, make
submittals or requests, or obtain decisions;
(b) Statements of the general course and method by which its
functions are channeled and determined, including the nature and
requirements of all formal and informal procedures available;
(c) Rules of procedure, descriptions of forms available or the places
where forms may be obtained, and instructions on the scope and contents
of all papers, reports, or examinations;
(d) Substantive rules of general applicability adopted as authorized
by law, and statements of general policy or interpretations of general
applicability formulated and adopted by GSA; and
(e) Each amendment, revision, or repeal of the materials described in
105-60.201.
41 CFR 105-60.202 Published materials available for sale to the public.
Substantive rules of general applicability adopted by GSA as
authorized by law which this agency publishes in the Federal Register
and which are available for sale to the public are: The General
Services Administration Acquisition Regulation (48 CFR Ch. 5) and the
Federal Acquisition Regulation (48 CFR Ch. 1); the Federal Property
Management Regulations (41 CFR Ch. 101) and the Federal Information
Resources Management Regulations (41 CFR Ch. 201). These regulations are
available for sale by the Superintendent of Documents in
(a) Daily Federal Register form; and
(b) Code of Federal Regulations form, at prices established by the
Government Printing Office.
41 CFR 105-60.202 Subpart 105-60.3 -- Availability of Opinions, Orders, Policies, Interpretations, Manuals, and Instructions
41 CFR 105-60.301 General.
GSA makes available for public inspection and copying the materials
described under 5 U.S.C. 552(a)(2), which are listed in 105-60.302, and
an Index of those materials as described in 105-60.304, at convenient
locations and times. Central Office materials are located in
Washington, DC; some are also available at GSA regional offices. Each
regional office has the materials for its region. All locations provide
selected areas for the inspection and copying of documents. Reasonable
copying services are furnished at the fees specified in 105-60.305.
41 CFR 105-60.302 Available materials.
GSA materials available under Subpart 105-60.3 are as follows:
(a) Final opinions, including concurring and dissenting opinions and
orders, made in the adjudication of cases.
(b) Those statements of policy and interpretations which have been
adopted by GSA and are not published in the Federal Register.
(c) Administrative staff manuals and instructions to staff affecting
a member of the public unless these materials are promptly published and
copies offered for sale.
41 CFR 105-60.303 Rules for public inspection and copying.
(a) Locations. Selected areas containing the materials available for
public inspection and copying, described in 105-60.302, are located in
the following places:
(GSA Headquarters), Washington, DC. Telephone: 202-535-7788
General Services Administration, 18th and F Streets NW., Library
(Room 1033), Washington, DC 20405
Boston, Massachusetts (Comprising the States of Connecticut, Maine,
Massachusetts, New Hampshire, Rhode Island, and Vermont). Telephone:
617-565-8100
Business Service Center, General Services Administration (2SB-1),
Thomas P. O'Neill, Jr., Federal Building, 10 Causeway Street, Boston,
MA 02222
New York, New York (Comprising the States of New Jersey, New York,
the Commonwealth of Puerto Rico, and the Virgin Islands). Telephone
212-264-1234
Business Service Center, General Services Administration (2SB), 26
Federal Plaza, New York, NY 10278
Philadelphia, Pennsylvania (Comprising the States of Delaware,
Maryland, Pennsylvania, Virginia, and West Virginia). Telephone:
215-597-9613
Business Service Center, General Services Administration (3SB), Ninth
and Market Streets, Room 5151, Philadelphia, PA 19107
Atlanta, Georgia (Comprising the States of Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee).
Telephone: 404-331-5103
Business Service Center, General Services Administration (4SB),
Richard B. Russell Federal Building, U.S. Courthouse, 75 Spring Street,
SW, Room 318, Atlanta, GA 30303
Chicago, Illinois (Comprising the States of Illinois, Indiana,
Michigan, Ohio, Minnesota, and Wisconsin). Telephone: 312-353-5383
Business Service Center, General Services Administration (5SB), 230
South Dearborn Street, Chicago, IL 60604
Kansas City, Missouri (Comprising the States of Iowa, Kansas,
Missouri, and Nebraska). Telephone: 816-926-7203
Business Service Center, General Services Administration (6SB), 1500
East Bannister Road, Kansas City, MO 64131
Fort Worth, Texas (Comprising the States of Arkansas, Louisiana, New
Mexico, Texas, and Oklahoma). Telephone: 817-334-3284
Business Service Center, General Services Administration (7SB), 819
Taylor Street, Room 11A05, Fort Worth, TX 76102
Denver, Colorado (Comprising the States of Colorado, North Dakota,
South Dakota, Montana, Utah, and Wyoming). Telephone: 303-236-7409
Business Service Center, General Services Administration (7SB-8),
Building 41, Denver Federal Center, Room 145, Denver, CO 80225
San Francisco, California (Comprising the States of Hawaii,
California, Nevada, and Arizona). Telephone: 415-974-0523
Business Service Center, General Services Administration (9SB), 525
Market Street, San Francisco, CA 94105
Seattle, Washington (Comprising the States of Alaska, Idaho, Oregon,
and Washington). Telephone: 206-931-7956
Business Service Center, General Services Administration (9SB-10),
GSA Center, 15th and C Streets, SW, Room 2413, Auburn, WA 98001
Washington, DC (Comprising the District of Columbia and the
metropolitan area). Telephone: 202-472-1804
Business Service Center, General Services Administration (WSB),
Seventh and D Streets, SW, Room 1050, Washington, DC 20407
(b) Time. The reading rooms or selected areas will be open to the
public during the business hours of the GSA office where they are
located.
(c) Copying. GSA will furnish reasonable copying services at fees
specified in 105-60.305.
(d) Reading room and selected area rules -- (1) Age. GSA will not
give permission to inspect materials to a person under 16 years old
unless accompanied by an adult who agrees to remain with the minor while
the minor uses the materials.
(2) Handling of materials. The removal or mutilation of materials is
forbidden by law and is punishable by fine or imprisonment or both.
When requested by a reading room or selected area attendant, a person
inspecting materials must present for examination any briefcase,
handbag, notebook, package, envelope, book, or other article that could
contain GSA informational materials.
(3) Reproduction services. The GSA Central Office Library or the
Regional Business Service Centers will furnish ''reasonable
reproduction'' services for available materials at the fees specified in
105-60.305.
41 CFR 105-60.304 Index.
GSA will maintain and make available for public inspection and
copying current indexes arranged by subject matter providing identifying
information for the public regarding any matter issued, adopted, or
promulgated after July 4, 1967, and described in 105-60.302.
41 CFR 105-60.305 Fees.
41 CFR 105-60.305-1 Definitions.
For the purpose of these regulations:
(a) A statute specifically providing for setting the level of fees
for particular types of records (5 U.S.C. 552(a)(4)(A)(vi)) means any
statute that specifically requires (as opposed to generally discussing)
a Government agency to set the level of fees for particular types of
records, in order to:
(1) Serve both the general public and private sector organizations by
conveniently making available Government information;
(2) Ensure that groups and individuals pay the cost of publications
and other services which are for their special use so that these costs
are not borne by the general taxpaying public;
(3) Operate an information dissemination activity on a
self-sustaining bases to the maximum extent possible; or
(4) Return revenue to the Treasury for defraying, wholly or in part,
appropriated funds used to pay the cost of disseminating Government
information.
(b) The term ''direct costs'' means those expenditures which GSA
actually incurs in searching for and duplicating (and in the case of
commercial requesters, reviewing) documents to respond to a FOIA
request. Direct costs include, for example, the salary of the employee
performing the work (the basic rate of pay for the employee plus 16
percent of that rate to cover benefits), and the cost of operating
duplicating machinery. Not included in direct cost are overhead
expenses such as costs of space, and heating or lighting the facility
where the records are stored.
(c) The term ''search'' includes all time spent looking for material
that is responsive to a request, including line-by-line identification
of material within documents. Searches will be performed in the most
efficient and least expensive manner so as to minimize costs for both
the agency and the requester. Line-by-line searches will not be
undertaken when it would be more efficient to duplicate the entire
document. Such activity will be distinguished from ''review'' of
material in determining whether the material is exempt from disclosure
(see paragraph (e) of this section). Searches may be done manually or
by computer using existing programming.
(d) The term ''duplication'' refers to the process of making a copy
of a document in response to a FOIA request. Such copies can take the
form of paper, microform, audiovisual materials, or machine-readable
documentation. GSA will provide a copy of the material in a form that
is usable by the requester unless it is administratively burdensome to
do so.
(e) The term ''review'' refers to the process of examining documents
located in response to request that is for commercial use (see paragraph
(f) of this section) to determine if any portion of that document is
permitted to be withheld and processing any documents for disclosure.
See 105-60.305-7.
(f) The term ''commercial-use request'' refers to a request from or
on behalf of one who seeks information for a use or purpose that
furthers the commercial, trade, or profit interests of the requester or
person on whose behalf the request is made. In determining whether a
requester properly belongs in this category, GSA will look first at how
the requester will use the documents.
(g) The term ''educational institution'' refers to a preschool, a
public or private elementary or secondary school, an institution of
graduate higher education, an institution of undergraduate higher
education, an institution of professional education, and an institution
of vocational education, which operates a program or programs of
scholarly research.
(h) The term ''noncommercial scientific institution'' refers to an
institution that is not operated on a ''commercial'' basis as that term
is referenced in paragraph (f) of this section and which is operated
solely for the purpose of conducting scientific research the results of
which are not intended to promote any particular product or industry.
(i) The term ''representative of the news media'' refers to any
person actively gathering news for an entity that is organized and
operated to publish or broadcast news to the public. The term ''news''
means information that is about current events or that would be of
current interest to the public. Examples of news media include
television or radio stations broadcasting to the public at large, and
publishers of periodicals (but only in those instances when they can
qualify as disseminators of ''news'') who make their products available
for purchase or subscription by the general public. In the case of
''freelance'' journalists, they may be regarded as working for a news
organization if they can demonstrate a solid basis for expecting
publication through that organization, even though not actually employed
by it.
41 CFR 105-60.305-2 Scope of section.
This section sets forth policies and procedures to be followed in the
assessment and collection of fees from a requester for the search,
review, and reproduction of GSA records.
41 CFR 105-60.305-3 Record material available without charge.
GSA records available to the public are displayed in the business
service center for that region. Certain material related to bids
(excluding construction plans and specifications) and any material
displayed are available without charge upon request.
41 CFR 105-60.305-4 Copy of GSA records available at a fee.
GSA will make a record not subject to exemption available at a time
and place mutually agreed upon by GSA and the requester. GSA will agree
either to
(a) Show the originals to the requester,
(b) Make one copy available at a fee, or
(c) A combination of these alternatives.
In the case of voluminous materials, GSA will make copies as quickly
as possible. GSA may make a reasonable number of additional copies for
a fee when commercial reproduction services are not available to the
requester.
41 CFR 105-60.305-5 Waiver of fee.
(a) Any request for waiver or reduction of a fee should be included
in the initial letter requesting access to GSA records under
105-60.402-1. The waiver request should explain how disclosure of the
information would contribute significantly to public understanding of
the operations or activities of the Government and would not be
primarily in the commercial interest of the requester. In responding to
a request GSA will consider the following factors:
(1) Whether the subject of the requested records concerns ''the
operations or activities of the Government.'' The subject matter of the
requested records must specifically concern identifiable operations or
activities of the Federal Government -- with a connection between them
that is direct and clear, not remote or attenuated.
(2) Whether the disclosure is ''likely to contribute'' to an
understanding of Government operations or activities. In this
connection, GSA should consider whether the requested information is
already in the public domain, either in a duplicative or a substantially
identical form. If it is, then disclosure of the information would not
be likely to contribute to an understanding of Government operations or
activities, as nothing new would be added to the public record.
(3) Whether disclosure of the requested information will contribute
to ''public understanding.'' The focus here must be on the contribution
to public understanding, rather than personal benefit to be derived by
the requester. For purposes of this analysis, the identity and
qualifications of the requester should be considered, to determine
whether the requester is in a position to contribute to public
understanding through the requested disclosure.
(4) Whether the requester has a commercial interest that would be
furthered by the requested disclosure; and if so
(5) Whether the magnitude of the identified commercial interest of
the requester is sufficiently large, in comparison with the public
interest in disclosure, that disclosure is ''primarily in the commercial
interest of the requester.''
(b) If the initial request provides insufficient information for the
agency to evaluate the request, GSA may ask the requester to furnish
additional information. GSA will not start processing a request until
the fee waiver issue has been resolved, unless the requester has
provided written assurance of payment in full if the fee waiver is
denied by the agency.
41 CFR 105-60.305-6 Searches.
(a) GSA may charge for the time spent in the following activities in
determining ''search time'' subject to applicable fees as provided in
105-60.305-10:
(1) Time spent in trying to locate GSA records which come within the
scope of the request;
(2) Time spent in either transporting a necessary agency searcher to
a place of record storage, or in transporting records to the locations
of a necessary agency searcher; and
(3) Direct costs involving the use of computer time to locate and
extract requested records.
(b) GSA will not charge for the time spent in monitoring a
requester's inspection of disclosed agency records.
41 CFR 105-60.305-7 Reviews.
(a) GSA may charge for the time spent in the following activities in
determining ''review time'' subject to applicable fees as provided in
105-60.305-10:
(1) Time spent in examining a requested record to determine whether
the record is permitted to be withheld in whole or in part; and
(2) Time spent in deleting exempt matter being withheld from records
otherwise made available.
(b) GSA will not charge for the time spent in resolving issues of law
or policy regarding the application of exemptions.
(c) GSA may not charge for review at the administrative appeal level
of an exemption already applied. However, records or portions of
records withheld in full under an exemption which is subsequently
determined not to apply may be reviewed again to determine the
applicability of other exemptions not previously considered. The costs
for such a subsequent review would be properly assessable.
(d) GSA will charge only commercial-use requesters for review time.
41 CFR 105-60.305-8 Prepayment of fees over $250.
GSA will require prepayment of fees for search, review, and
reproduction which are likely to exceed $250. When the anticipated
total fee exceeds $250, the requester will receive notice to prepay and
at the same time will be given an opportunity to modify his or her
request to reduce the fee. GSA will also inform the requester that fees
for search time will be charged even if the search proves unsuccessful.
GSA will not start processing a request until payment is received.
41 CFR 105-60.305-9 Form of payment.
Requesters should pay fees by check or money order made out to the
General Services Administration and addressed to the official named by
GSA in its correspondence.
41 CFR 105-60.305-10 Fee schedule.
(a) When GSA is aware that documents responsive to a request are
maintained for distribution by an agency operating a statutory fee based
program, GSA will inform the requester of the procedures for obtaining
records from those sources.
(b) In computing applicable fees, GSA will consider only the
following costs in providing the requester records:
(1) Review and search fees.
(2) Reproduction fees.
(c) Any fees not provided for under paragraph (b) of this section,
shall be calculated in accordance with 105-60.305-1(b).
(d) Categories of requesters. There are four categories of
requesters: Commercial-use; educational and noncommercial scientific
institutions; news media; and all other. The fees listed above apply
with the following exceptions:
(1) GSA will not charge the requester if the fee is $10 or less as
the cost of collection would be greater than the fee.
(2) Educational and noncommercial scientific institutions and the
news media will be charged for the cost of reproduction alone. These
requesters are entitled to the first 100 pages (paper copies) of
duplication at no cost. The following are examples of how these fees
are calculated.
(i) A request that results in 150 pages of material. No fee would be
assessed for duplication of 150 pages. The reason is that these
requesters are entitled to the first 100 pages at no charge. The charge
for the remaining 50 pages would be $5. This amount would not be billed
under the preceding section.
(ii) A request that results in 250 pages of material. The requester
in this case would be charged $15.
(3) Noncommercial requesters who are not included under paragraph
(d)(2) of this section will be entitled to the first 100 pages (paper
copies) of duplication at no cost and 2 hours of search without charge.
The term ''search time'' in this context has as its basis, manual
search. To apply this term to searches made by computer, GSA will
determine the hourly cost of operating the central processing unit and
the operator's hourly salary plus 16 percent. When the cost of search
(including the operator time and the cost of operating the computer to
process a request) equals the equivalent dollar amount of two hours of
the salary of the person performing the search, i.e., the operator, GSA
will begin assessing charges for computer search.
(4) GSA will charge commercial-use requesters fees which recover the
full direct costs of searching for, reviewing for release, and
duplicating the records sought. Commercial-use requesters are not
entitled to 2 hours of free search time.
(e) Determining category of requester. GSA may ask the requester to
provide additional information at any time to determine what fee
category he or she falls under. This applies to all requesters.
41 CFR 105-60.305-11 Fees for authenticated and attested copies.
The fees set forth in 105-60.305-10 apply to requests for
authenticated and attested copies of GSA records.
41 CFR 105-60.305-12 Administrative actions to improve assessment and
collection of fees.
(a) Charging interest. GSA may charge requesters who fail to pay
fees interest on the amount billed starting on the 31st day following
the day on which the billing was sent. Interest will be at the rate
prescribed in 31 U.S.C. 3717.
(b) Effect of the Debt Collection Act of 1982. GSA will take any
action authorized by the Debt Collection Act of 1982 (Pub. L. 97-365),
including disclosure to consumer reporting agencies, use of collection
agencies, and assessment of penalties and administrative costs, where
appropriate, to encourage payment.
(c) Charges for unsuccessful search. The agency may assess charges
for time spent searching for the records even if the agency fails to
locate the records or if the records located are exempt from disclosure.
(d) Notifying requester of charges over $25. If charges are likely
to exceed $25, GSA will notify the requester and obtain, in writing,
assurance of the requester's willingness to pay the estimated fee. The
requester shall also be offered an opportunity to modify his or her
request to reduce the fee. GSA will not start processing the request
until assurance of payment is received.
(e) Aggregating requests. When the agency reasonably believes that a
requester, or group of requesters acting in concert, is attempting to
break a request down into a series of requests related to the same
subject for the purpose of evading the assessment of fees, GSA will
combine any such requests and charge accordingly, including fees for
previous requests where charges were not assessed. GSA will presume
that multiple requests of this type made within a 30-day period are made
to avoid fees.
(f) Advance payments. (1) See 105-60.305-8 regarding prepayment of
fees for FOIA requests.
(2) Where a requester has previously failed to pay a fee charged in a
timely fashion (i.e., within 30 days of the date of the billing), GSA
will require the requester to pay the full amount owed plus any
applicable interest penalties and administrative costs as provided
above, or demonstrate that he or she has, in fact, paid the fee, and to
make an advance payment of the full amount of the estimated fee before
the agency begins to process a new request or a pending request from
that requester.
(3) If GSA acts under paragraphs (f) (1) and (2) of this section, the
administrative time limits in subsection (a)(6) of the FOIA (i.e., 10
working days from receipt of initial requests and 20 working days from
receipt of appeals form initial denial plus permissible time extensions)
will begin only after it has received the fee payments described above.
41 CFR 105-60.305-12 Subpart 105-60.4 -- Described Records
41 CFR 105-60.401 General.
(a) Except for records made available in accordance with subparts
105-60.2 and 105-60.3, GSA will make records available to a requester
promptly when the request reasonably describes the records unless GSA
invokes an exemption in accordance with subpart 105-60.5. Although the
burden of reasonable description of the records rests with the
requester, GSA will assist in identification.
(b) Upon receipt of a request that does not reasonably describe the
records requested, GSA may contact the requester to seek a more specific
description. The 10-workday time limit set forth in 105-60.402-2 will
not start until the official identified in 105-60.402-1 receives a
request reasonably describing the records.
41 CFR 105-60.402 Procedures for making records available.
This section sets forth initial procedures for making records
available when they are requested.
41 CFR 105-60.402-1 Submission of requests.
For records located in the GSA Central Office, the requester should
submit a request in writing to the GSA FOIA Officer, General Services
Administration (CAIR), Washington, DC 20405. For records located in the
GSA regional offices, the requester should submit a request to the FOIA
Officer for the relevant region, at the address listed in 105-60.303(a),
with the exception of Region 9. Requests for Region 9 should be sent to
the following address: General Services Administration (9AA), 525
Market St., 28th Floor, San Francisco, CA 94105. Requests should
include the words ''Freedom of Information Act Request'' prominently
marked on both the face of the request letter and the envelope. The
10-workday time limit for agency decisions set forth in 105-60.402-2
begins with receipt of a request in the office of the appropriate
official identified in this section, unless the provisions under
105-60.305-12(d) and (f) apply. Failure to include the words ''Freedom
of Information Act Request'' or to sumbit a request to the official
identified in this section will result in processing delays. A
requester who has questions concerning an FOIA request may consult the
GSA FOIA Officer, General Services Administration (CAIR), 18th and F
Streets, NW., Washington, DC 20405, (202) 535-7983.
41 CFR 105-60.402-2 Response to initial requests.
GSA will respond to an initial FOIA request within 10 workdays (that
is, excluding Saturdays, Sundays, and legal public holidays) after
receipt of a request by the office of the appropriate official specified
in 105-60.402-1. This letter should state the agency's decision with
respect to disclosure or nondisclosure of the requested records. If the
records to be disclosed are not provided with the initial letter, the
records will be sent as soon as possible thereafter. In unusual
circumstances, GSA will inform the requester of the agency's need to
take an extension of time.
41 CFR 105-60.403 Appeal within GSA.
(a) A requester who receives a denial of a request, in whole or in
part, may appeal that decision within GSA. The requester must direct
the appeal to the GSA FOIA Officer, General Services Administration
(CAIR), Washington, DC 20405, regardless of whether the denial being
appealed was made in the Central Office or in a regional office.
(b) The GSA FOIA Officer must receive an appeal no later than 30
calendar days after receipt by the requester of the initial denial of
access.
(c) The requester must appeal in writing and include a brief
statement of the reasons he or she thinks GSA should release the records
and enclose copies of the initial request and denial. The appeal letter
should include the words ''Freedom of Information Act Appeal'' on both
the face of the appeal letter and on the envelope. Failure to follow
these procedures will delay processing of the appeal. GSA has 20
workdays after receipt of an appeal to make a determination with respect
to the appeal. The 20-workday time limit shall not begin until the GSA
FOIA Officer receives the appeal.
(d) A requester who has received a denial of an appeal may seek
judicial review of GSA's decision in the United States District Court in
the district in which the requester resides or has a principal place of
business, or where the records are situated, or in the United States
District Court for the District of Columbia.
41 CFR 105-60.404 Extension of time limits.
(a) In unusual circumstances, the GSA FOIA Officer or the regional
FOIA Officer may extend the time limits prescribed in 105-60.402 and
105-60.403. For purposes of this section, the term ''unusual
circumstances'' means:
(1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request;
(2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded in
a single request;
(3) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a substantial interest in
the determination of the request or among two or more components of the
agency having substantial subject-matter interest therein; or
(4) The need to consult with the submitter of the requested
information.
(b) If necessary, more than one extension of time may be taken.
However, the total extension of time shall not exceed 10 workdays with
respect to a particular request. The extension may be divided between
the initial and appeal stages or within a single stage. GSA will
provide a written notice to the requester of any extension of time
limits.
41 CFR 105-60.404 Subpart 105-60.5 -- Exemptions
41 CFR 105-60.501 Categories of records exempt from disclosure under the
FOIA.
(a) 5 U.S.C. 552(b) provides that the requirements of the FOIA do not
apply to matters that are:
(1) Specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national defense or
foreign policy and that are, in fact, properly classified under the
Executive order;
(2) Related solely to the internal personnel rules and practices of
an agency;
(3) Specifically exempted from disclosure by statute, other than the
Government in the Sunshine Act, provided that the statute (i) requires
that the matters be withheld from the public in such a manner as to
leave no discretion on the issue of (ii) establishes particular criteria
for withholding or refers to particular types of matters to be withheld;
(4) Trade secrets and commercial or financial information obtained
from a person that are privileged or confidential;
(5) Interagency or intra-agency memorandums or letters which would
not be available by law to a party other than an agency in litigation
with the agency;
(6) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy;
(7) Records or information compiled for law enforcement purposes, but
only to the extent that the production of such law enforcement records
or information:
(i) Could reasonably be expected to interfere with enforcement
proceedings;
(ii) Would deprive a person of a right to a fair trial or an
impartial adjudication;
(iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
(iv) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local, or foreign agency or
authority or any private institution which furnished information on a
confidential basis, and, in the case of a record or information compiled
by a criminal law enforcement authority in the course of a criminal
investigation, or by an agency conducting a lawful national security
intelligence investigation, information furnished by a confidential
source;
(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law; or
(vi) Could reasonably be expected to endanger the life or physical
safety of any individual.
(8) Contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial institutions;
and
(9) Geological and geophysical information and data, including maps,
concerning wells.
(b) GSA will provide any reasonably segregable portion of a record to
a requester after deletion of the portions that are exempt under this
section.
(c) GSA will invoke no exemption under this section to deny access to
records that would be available pursuant to a request made under the
Privacy Act of 1974 and implementing regulations, part 105-64, or if
disclosure would cause no demonstrable harm to any public or private
interest.
(d) Whenever a request is made which involves access to records
described in 105-60.501(a)(7)(i) and
(1) The investigation or proceeding involves a possible violation of
criminal law, and
(2) There is reason to believe that (i) the subject of the
investigation or proceeding is not aware of its pendency, and (ii)
disclosure of the existence of the records could reasonably be expected
to interfere with enforcement proceedings, the agency may, during only
such time as that circumstance continues, treat the records as not
subject to the requirements of this section.
(e) Whenever informant records maintained by a criminal law
enforcement agency under an informant's name or personal identifier are
requested by a third party according to the informant's name or personal
identifier, the agency may treat the records as not subject to the
requirements of this section unless the informant's status as an
informant has been officially confirmed.
(f) Whenever a request is made which involves access to records
maintained by the Federal Bureau of Investigation pertaining to foreign
intelligence or counterintelligence, or international terrorism, and the
existence of the records is classified information as provided in
paragraph (a)(1) of this section, the Bureau may, as long as the
existence of the records remains classified information, treat the
records as not subject to the requirements of this section.
41 CFR 105-60.501 Subpart 105-60.6 -- Subpoenas or Other Legal Demands for Records
41 CFR 105-60.601 Service of subpoena or other legal demand.
(a) A subpoena duces tecum or other legal demand for the production
of records held by GSA should be addressed to the General Counsel,
General Services Administration (L), Washington, DC 20405, with respect
to GSA Central office records; to the appropriate Regional Counsel, for
records in GSA regional offices; or to the Administrator of General
Services.
(b) The Administrator, the General Counsel, Deputy General Counsels,
Associate General Counsels, the Chairman of the Board of Contract
Appeals, Inspector General, and, with respect to records in a GSA
regional office, the Regional Administrator and Regional Counsel are the
only GSA employees authorized to accept service of a subpoena duces
tecum or other legal demand on behalf of GSA.
41 CFR 105-60.601 PART 105-62 -- DOCUMENT SECURITY AND DECLASSIFICATION
Sec.
105-62.000 Scope of part.
41 CFR 105-60.601 Subpart 105.62.1 -- Classified Materials
105-62.101 Security classification categories.
105-62.102 Authority to originally classify.
105-62.103 Access to GSA-originated materials.
41 CFR 105-60.601 Subpart 105-62.2 -- Declassification and Downgrading
105-62.201 Declassification and downgrading.
105-62.202 Review of classified materials for declassification
purposes.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); and E.O.
12065 dated June 28, 1978.
Source: 44 FR 64805, Nov. 8, 1979, unless otherwise noted.
41 CFR 105-62.000 Scope of part.
This part prescribes procedures for safeguarding national security
information and material within GSA. They explain how to identify,
classify, downgrade, declassify, disseminate, and protect such
information in the interests of national security. They also supplement
and conform with Executive Order 12065 dated June 28, 1978, subject:
National Security Information, and the Implementing Directive dated
September 29, 1978, issued through the Information Security Oversight
Office.
41 CFR 105-62.000 Subpart 105-62.1 -- Classified Materials
41 CFR 105-62.101 Security classification categories.
As set forth in Executive Order 12065, official information or
material which requires protection against unauthorized disclosure in
the interests of the national defense or foreign relations of the United
States (hereinafter collectively termed ''national security'') shall be
classified in one of three categories: Namely, Top Secret, Secret, or
Confidential, depending on its degree of significance to the national
security. No other categories shall be used to identify official
information or material as requiring protection in the interests of
national security except as otherwise expressly provided by statute.
The three classification categories are defined as follows:
(a) Top Secret. Top Secret refers to that national security
information which requires the highest degree of protection, and shall
be applied only to such information as the unauthorized disclosure of
which could reasonably be expected to cause exceptionally grave damage
to the national security. Examples of exceptionally grave damage
include armed hostilities against the United States or its allies,
disruption of foreign relations vitally affecting the national security,
intelligence sources and methods, and the compromise of vital national
defense plans or complex cryptologic and communications systems. This
classification shall be used with the utmost restraint.
(b) Secret. Secret refers to that national security information or
material which requires a substantial degree of protection, and shall be
applied only to such information as the unauthorized disclosure of which
could reasonably be expected to cause serious damage to the national
security. Examples of serious damage include disruption of foreign
relations significantly affecting the national security, significant
impairment of a program or policy directly related to the national
security, and revelation of significant military plans or intelligence
operations. This classification shall be used sparingly.
(c) Confidential. Confidential refers to other national security
information which requires protection, and shall be applied only to such
information as the unauthorized disclosure of which could reasonably be
expected to cause identifiable damage to the national security.
41 CFR 105-62.102 Authority to originally classify.
(a) Top secret, secret, and confidential. The authority to
originally classify information as Top Secret, Secret, or Confidential
may be exercised only by the Administrator and is delegable only to the
Director, Information Security Oversight Office.
(b) Limitations on delegation of classification authority.
Delegations of original classification authority are limited to the
minimum number absolutely required for efficient administration.
Delegated original classification authority may not be redelegated.
(47 FR 5416, Feb. 5, 1982)
41 CFR 105-62.103 Access to GSA-originated materials.
Classified information shall not be disseminated outside the
executive branch of the Government without the express permission of the
GSA Security Officer except as otherwise provided in this 105-62.103.
(a) Access by historical researchers. Persons outside the executive
branch who are engaged in historical research projects, may be
authorized access to classified information or material, provided that:
(1) A written determination is made by the Administrator of General
Services that such access is clearly consistent with the interests of
national security.
(2) Access is limited to that information over which GSA has
classification jurisdiction.
(3) The material requested is reasonably accessible and can be
located with a reasonable amount of effort.
(4) The person agrees to safeguard the information and to authorize a
review of his or her notes and manuscript for determination that no
classified information is contained therein by signing a statement
entitled ''Conditions Governing Access to Official Records for
Historical Research Purposes.''
(5) An authorization for access shall be valid for a period of 2
years from the date of issuance and may be renewed under the provisions
of this 105-62.103(a).
(b) Access by former Presidential appointees. Persons who previously
occupied policymaking positions to which they were appointed by the
President may not remove classified information or material upon
departure from office as all such material must remain under the
security control of the U.S. Government. Such persons may be authorized
access to classified information or material which they originated,
received, reviewed, signed, or which was addressed to them while in
public office, provided that the GSA element having classification
jurisdiction for such information or material makes a written
determination that access is consistent with the interests of national
security, approval is granted by the GSA Security Officer, and the
individual seeking access agrees:
(1) To safeguard the information,
(2) To authorize a review of his or her notes for determination that
no classified information is contained therein, and
(3) To ensure that no classified information will be further
disseminated or published.
(c) Access during judicial proceedings. Classified information will
not normally be released in the course of any civilian judicial
proceeding. In special circumstances however, and upon the receipt of
an order or subpoena issued by a Federal court, the Administrator may
authorize the limited release of classified information if he or she
determines that the interests of justice cannot otherwise be served.
Appropriate safeguards will be established to protect such classified
material released for use in judicial proceedings.
(d) Access to material in NARS custody. The Archivist of the United
States prepares procedures governing access to materials transferred to
NARS custody. These procedures are issued by the Administrator of
General Services in 41 CFR part 105-61.
(e) Access by the General Accounting Office and congressional
committees. Classified information may be released to the General
Accounting Office (GAO) and congressional committees when specifically
authorized by the GSA Security Officer except as otherwise provided by
law.
41 CFR 105-62.103 Subpart 105-62.2 -- Declassification and Downgrading
41 CFR 105-62.201 Declassification and downgrading.
(a) Authority to downgrade and declassify. The authority to
downgrade and declassify national security information or material shall
be exercised as follows:
(1) Information or material may be downgraded or declassified by the
GSA official authorizing the original classification, by a successor in
capacity, by a supervisory official of either, or by the Information
Security Oversight Committee on appeal.
(2) Downgrading and declassification authority may also be exercised
by an official specifically authorized by the Administrator.
(3) In the case of classified information or material officially
transferred to GSA by or under statute or Executive order in conjunction
with a transfer of functions and not merely for storage purposes, GSA
shall be deemed the originating agency for all purposes under these
procedures including downgrading and declassification.
(4) In the case of classified information or material held in GSA not
officially transferred under paragraph (a)(3) of this section but
originated in an agency which has since ceased to exist, GSA is deemed
the originating agency. Such information or material may be downgraded
and declassified 30 calendar days after consulting with any other
agencies having an interest in the subject matter.
(5) Classified information or material under the final
declassification jurisdiction of GSA which has been transferred to NARS
for accession into the Archives of the United States may be downgraded
and declassified by the Archivist of the United States in accordance
with Executive Order 12065, directives of the Information Security
Oversight Office, and the systematic review guidelines issued by the
Administrator of General Services.
(6) It is presumed that information which continues to meet
classification requirements requires continued protection. In some
cases, however, the need to protect such information may be outweighed
by the public interest in disclosure of the information, and in these
cases the information should be declassified. When such questions arise
they shall be referred to the Administrator, the Director of the
Information Security Oversight Office, or in accordance with the
procedures for mandatory review described in 105-62.202(b).
(b) Declassification. Declassification of information shall be given
emphasis comparable to that acccorded classification. Information
classified under Executive Order 12065 and prior orders shall be
declassified as early as national security considerations permit.
Decisions concerning declassification shall be based on the loss of
sensitivity of the information with the passage of time or on the
occurrence of an event which permits declassification. When information
is reviewed for declassification it shall be declassified unless the
declassification authority established in 105-62.202 determines that the
information continues to meet the classification requirements prescribed
despite the passage of time.
(c) Downgrading. Classified information that is marked for automatic
downgrading is downgraded accordingly without notification to holders.
Classified information that is not marked for automatic downgrading may
be assigned a lower classification designation by the originator or by
an official authorized to declassify the same information. Notice of
downgrading shall be provided to known holders of the information.
41 CFR 105-62.202 Review of classified materials for declassification
purposes.
(a) Systematic review for declassification. Except for foreign
government information, classified information constituting permanently
valuable records of GSA as defined by 44 U.S.C. 2103, and information in
the possession and under control of NARA, under 44 U.S.C. 2107 or 2107
note, shall be reviewed for declassification as it becomes 20 years old.
Transition to systematic review at 20 years shall be implemented as
rapidly as practicable and shall be completed by December 1, 1988.
Foreign government information shall be reviewed for declassification as
it becomes 30 years old.
(b) Mandatory review for declassification. All classified
information upon request by a member of the public or a Government
employee or agency to declassify and release such information under the
provisions of Executive Order 12065 shall be reviewed by the responsible
GSA element for possible declassification in accordance with the
procedures set forth in paragraphs (c) through (g) of this section.
(c) Submission of requests for review. Requests for mandatory review
of classified information shall be submitted in accordance with the
following:
(1) Requests originating within GSA shall in all cases be submitted
directly to the service or staff office that originated the information.
(2) For expeditious action, requests from other governmental agencies
or from members of the public should be submitted directly to the
service or staff office that originated the material, or, if the
originating element is not known, or no longer exists, the requester
shall submit the request to the GSA Security Officer who shall cause
such request to be reviewed.
(d) Requirements for processing. Requests for declassification
review and release of information shall be processed in accordance with
the provisions set forth in paragraphs (e) through (h) of this section
subject to the following conditions:
(1) The request is in writing and reasonably describes the
information sought with sufficient particularity to enable the element
to identify it.
(2) The requester shall be asked to correct a request that does not
comply with paragraph (d)(1) of this section, to provide additional
information.
(3) If within 30 days the requester does not correct the request,
describe the information sought with sufficient particularity or narrow
the scope of the request, the element that received the request shall
notify the requester and state the reason why no action will be taken on
the request.
(e) Processing of requests. Requests that meet the foregoing
requirements for processing will be acted upon as follows:
(1) GSA action upon the initial request shall be completed within 60
days.
(2) Receipt of the request shall be acknowledged within 7 days.
(3) The designated service or staff office shall determine if the
requested information may be declassified and shall make such
information available to the requester, unless withholding it is
otherwise warranted under applicable law. If the information may not be
released in whole or in part, the requester shall be given a brief
statement as to the reasons for denial, a notice of the right to appeal
the determination to the Deputy Administrator (the notice shall include
the Deputy Administrator's name, title, and address), and a notice that
such an appeal must be filed with the Deputy Administrator within 60
days in order to be considered.
(f) Foreign government information. Except as provided hereinafter,
requests for mandatory review for the declassification of classified
documents that contain foreign government information shall be processed
and acted upon in accordance with the provisions of paragraphs (c)
through (e) of this section. If the request involves information that
was initially received or classified by GSA, then the corresponding
service or staff office shall be designated by the GSA Security Officer
to determine whether the foreign government information in the document
may be declassified and released in accordance with GSA policy or
guidelines, after consulting with other agencies that have subject
matter interest as necessary. If GSA is not the agency that received or
classified the foreign government information, it shall refer the
request to the appropriate agency. In those cases where agency policy
or guidelines do not apply, consultation with the foreign originator,
through the GSA Security Officer, may be made prior to final action on
the request.
(g) Information classified outside the service or staff office. When
a service or staff office receives a request for declassification of
information in a document which is in the custody of the service or
staff office but was classified by another service or staff office or by
another Government agency, the service or staff office shall refer the
request to the classifying service or staff office or Government agency,
together with a copy of the document containing the information
requested when practicable, and shall notify the requester of the
referral, unless the agency that classified the information objects on
the grounds that its association with the information requires
protection. When a GSA service or staff office receives such a
referral, it shall process the request in accordance with the
requirements of this paragraph and, if so requested, shall notify the
referring service, staff office, or agency of the determination made on
the request.
(h) Action on appeal. The following procedures shall be followed
when denials of requests for declassification are appealed:
(1) The Deputy Administrator shall, within 15 days of the date of the
appeal, convene a meeting of the GSA Information Security Oversight
Committee (ISOC) that shall include the GSA Security Officer, or his or
her representative, and the GSA official who denied the original request
(and, at the option of that official, any subordinates or personnel from
other agencies that participated in the decision for denial).
(2) The ISOC shall learn from the official the reasons for denying
the request, concentrating in particular upon which requirement
continued classification is based and the identifiable damage that would
result if the information were declassified. The ISOC shall also learn
from the official the part or parts of the information that is
classified and if by deleting minor segments of the information it might
not then be declassified.
(3) The ISOC's decision to uphold or deny the appeal, in whole or in
part, shall be based upon the unanimous opinion of its membership. In
the event that unanimity cannot be attained, the matter shall be
referred to the Administrator, whose decision shall be final.
(4) Based upon the outcome of the appeal, a reply shall be made to
the person making the appeal that either encloses the requested
information or part of the information, or explains why the continued
classification of the information is required. A copy of the reply
shall be sent to the GSA official who originally denied the request for
declassification, to the GSA Security Officer, and to any other agency
expressing an interest in the decision.
(5) Final action on appeals shall be completed within 30 days of the
date of the appeal.
(i) Prohibition. No service of staff office in possession of a
classified document may refuse to confirm the existence of the document
in response to a request for the document under the provisions for
mandatory review, unless the fact of its existence would itself be
classifiable.
(j) Presidential papers. Information less than 10 years old which
was originated by the President, by the White House staff, or by
committees or commissions appointed by the President, or by others
acting on behalf of the President, is exempted from mandatory review for
declassification. Such information 10 years old or older is subject to
mandatory review for declassification in accordance with procedures
developed by the Archivist of the United States which provide for
consultation with GSA on matters of primary subject interest to this
agency.
41 CFR 105-62.202 PART 105-64 -- REGULATIONS IMPLEMENTING THE PRIVACY
ACT OF 1974
Sec.
105-64.000 Scope of part.
105-64.001 Purpose.
105-64.002 Definitions.
41 CFR 105-62.202 Subpart 105-64.1 -- General Policy
105-64.101 Maintenance of records.
105-64.101-1 Collection and use.
105-64.101-2 Standards of accuracy.
105-64.101-3 Rules of conduct.
105-64.101-4 Safeguarding systems of records.
105-64.101-5 Inconsistent directives of GSA superseded.
105-64.102 Records of other agencies.
105-64.103 Subpoenas and other legal demands.
41 CFR 105-62.202 Subpart 105-64.2 -- Disclosure of Records
105-64.201 Conditions of disclosure.
105-64.202 Procedures for disclosure.
105-64.203 Accounting of disclosure.
41 CFR 105-62.202 Subpart 105-64.3 -- Individual Access to Records
105-64.301 Access procedures.
105-64.301-1 Form of requests.
105-64.301-2 Special requirements for medical records.
105-64.301-3 Granting access.
105-64.301-4 Denials of access.
105-64.301-5 Appeal of denial of access within GSA.
105-64.301-6 Geographic composition, addresses and telephone numbers
of regional Administrative Services Division directors.
105-64.302 Fees.
105-64.302-1 Records available at a fee.
105-64.302-2 Additional copies.
105-64.302-3 Waiver of fee.
105-64.302-4 Prepayment of fees over $25.
105-64.302-5 Form of payment.
105-64.302-6 Reproduction fee schedule.
41 CFR 105-62.202 Subpart 105-64.4 -- Requests to Amend Records
105-64.401 Submission of requests to amend records.
105-64.402 Review of requests to amend records.
105-64.403 Approval of requests to amend.
105-64.404 Denial of requests to amend.
105-64.405 Agreement to alternative amendments.
105-64.406 Appeal of denial of request to amend a record.
105-64.407 Statements of disagreement.
105-64.408 Judicial review.
41 CFR 105-62.202 Subpart 105-64.5 -- Reporting New Systems and Altering
Existing Systems
105-64.501 Reporting requirement.
105-64.502 Federal Register notice of establishment of new system or
alteration of existing system.
105-64.503 Effective date of new systems of records or alteration of
an existing system of records.
41 CFR 105-62.202 Subpart 105-64.6 -- Exemptions
105-64.601 General exemptions.
105-64.602 Specific exemptions.
41 CFR 105-62.202 Subpart 105-64.7 -- Assistance and Referrals
105-64.701 Requests for assistance and referral.
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); 88 Stat.
1897 (5 U.S.C. 552a).
Source: 50 FR 43139, Oct. 24, 1985, unless otherwise noted.
41 CFR 105-64.000 Scope of part.
The policies and procedures for collecting, using, and disseminating
records maintained by GSA are subject to 5 U.S.C. 552a, and defined in
105-64.002. Policies and procedures governing availability of records in
general are in parts 105-60 and 61 of this chapter. This part also
covers exemptions from disclosing personal information; procedures
guiding persons who wish to obtain information, or to inspect or correct
the content of records; accounting for disclosure of information;
requirements for medical records; and fees.
41 CFR 105-64.001 Purpose.
This part implements 5 U.S.C. 552a (Pub. L. 93-579), known as the
Privacy Act of 1974 (referred to as the Act). This part states
procedures for notifying an individual of a GSA system of records
containing a record pertaining to him or her, procedures for gaining
access to or contesting the content of records, and other procedures for
carrying out the Act.
41 CFR 105-64.002 Definitions.
For the purpose of this part 105-64, the terms listed below are
defined as follows:
(a) Agency means agency as defined in 5 U.S.C. 552(e);
(b) Individual means a citizen of the United States or a legal alien
admitted for permanent residence;
(c) Maintain means keep, collect, use, and disseminate;
(d) A record means any item, collection, or grouping of information
an agency maintains about a person, including, but not limited to, his
or her educational background, financial transactions, medical history,
and employment or criminal history, and that contains his or her name or
other identifying number of symbols such as a fingerprint, voiceprint,
or photograph;
(e) A system of records means any group of records under the control
of the agency from which information is retrieved by a person's name or
by an identifying number, symbols, or other identifiers assigned to that
individual;
(f) A statistical record means an item of information maintained for
statistical research or reporting purposes that is not used in making
any determination about an identifiable person, except as provided by
Section 8 of Title 13 U.S.C.;
(g) Routine use means using a record for the purpose for which it was
intended;
(h) System manager means the GSA employee who maintains a system of
records and who collects, uses, and disseminates the information in it;
(i) The subject individual means the person named or discussed in a
record or the person to whom a record refers;
(j) Disclosure means transferring a record, a copy of a record, or
the information contained in a record to someone other than the subject
individual, or the reviewing of a record by someone other than the
subject individual;
(k) Access means a transfer of a record, a copy of a record, or the
information in a record to the subject individual, or the review of a
record by the subject individual; and
(l) Solicitation means a request by an officer or employee of GSA for
a person to provide information about himself or herself.
41 CFR 105-64.002 Subpart 105-64.1 -- General Policy
105-64.101 Maintenance of records.
41 CFR 105-64.101-1 Collection and use.
(a) General. The system manager (also called the manager) should
collect information used for determining an individual's rights,
benefits, or privileges under GSA programs directly from the subject
individual if practical. The system manager should ensure that
information collected is used only as intended by the Act and these
regulations.
(b) Soliciting information. Manager must ensure that when
information is solicited, the person is informed of the authority for
collecting it; whether providing it is mandatory or voluntary; the
purpose for which it will be used; routine uses of the information;
and the effect on the individual, if any, of not providing the
information. Heads of Services and Staff Offices and Regional
Administrators must ensure that forms used to solicit information comply
with the Act and these regulations.
(c) Soliciting a social security number. Before requesting a person
to disclose his or her social security number, ensure either:
(1) The disclosure is required by Federal statute, or;
(2) Disclosure is required under a statute or regulation adopted
before January 1, 1975, to verify the person's identity, and that it was
part of a system of records in existence before January 1, 1975.
If soliciting a social security number is authorized under paragraph
(c) (1) or (2) of this section, inform the person beforehand whether the
disclosure is mandatory or voluntary, by what legal or other authority
the number is requested, and the use that is to be made of it.
(d) Soliciting information from third parties. Officers or employees
must inform third parties requested to provide information about another
person of the reason for collecting the information.
41 CFR 105-64.101-2 Standards of accuracy.
Managers should ensure that the records used by the Agency to make
determinations about an individual are maintained with the accuracy,
relevance, timeliness, and completeness needed to ensure fairness to the
individual.
41 CFR 105-64.101-3 Rules of conduct.
Those who design, develop, operate, or maintain a system of records,
or any record, must review 5 U.S.C. 552a and the regulations in this
part and follow 41 CFR part 105-735, Standards of Conduct, for
protecting personal information.
41 CFR 105-64.101-4 Safeguarding systems of records.
41 CFR Managers must ensure that administrative, technical, and physical safeguards are established to ensure the security and confidentiality of records and to protect against possible threats or hazards which could be harmful, embarrassing, inconvenient, or unfair to any individual. They must protect personnel information contained in manual and automated systems of records by using the following safeguards:
Managers must ensure that administrative, technical, and physical safeg uards are established to ensure the security and confidentiality of rec ords and to protect against possible threats or hazards which could be harmful, embarrassing, inconvenient, or unfair to any individual They m ust protect personnel information contained in manual and automated sys tems of records by using the following safeguards
41 CFR (a) Storing official personnel folders and work folders in a lockable filing cabinet when not in use. The system manager may use an alternative storage system if it provides the same security as a locked cabinet.
(b) Designating other sensitive records that need safeguards similar to those described in paragraph (a) of this section.
(c) Permitting access to and use of automated or manual personnel records only to persons whose official duties require it, or to a subject individual or to his or her representative.
41 CFR 105-64.101-5 Inconsistent directives of GSA superseded.
This part 105-64 applies or takes precedence when any GSA directive
disagrees with it.
41 CFR 105-64.102 Records of other agencies.
If a GSA employee receives a request to review records that are the
primary responsibility of another agency, but are maintained by or in
the temporary possession of GSA, the employee should consult with the
other agency before releasing the records. Records in the custody of
GSA that are the responsibility of the Office of Personnel Management
(OPM) are governed by rules issued by OPM under the Privacy Act.
41 CFR 105-64.103 Subpoenas and other legal demands.
Access to systems of records by subpoena or other legal process must
meet the provisions of ubpart 105-60.6 of this chapter.
41 CFR 105-64.103 Subpart 105-64.2 -- Disclosure of Records
41 CFR 105-64.201 Conditions of disclosure.
GSA employees may not disclose any record to a person or another
agency without the express written consent of the subject individual
unless the disclosure is:
(a) To GSA officials or employees who need the information to perform
their official duties;
(b) Required by the Freedom of Information Act;
(c) For a routine use identified in the Federal Register;
(d) For Bureau of the Census use under Title 13 of the United States
Code;
(e) To someone who has assured GSA in writing that the record is to
be used solely for statistical research or reporting, and if it does not
identify an individual;
(f) To the National Archives of the United States as a record that
has historical or other value warranting permanent retention;
(g) To another agency or instrumentality under the jurisdiction or
control of the United States for a civil or criminal law enforcement
activity, if the head of the agency or instrumentality or the designated
representative has made a written request to GSA specifying the part
needed and the law enforcement agency seeking it;
(h) To a person showing compelling circumstances affecting someone's
health and safety not necessarily the subject individual (Upon
disclosure, a notification must be sent to the subject individual's last
known address);
(i) To either House of Congress or to a committee or subcommittee
(joint or of either House), to the extent that the matter falls within
its jurisdiction;
(j) To the Comptroller General or an authorized representative while
performing the duties of the General Accounting Office;
(k) Under an order of a court of competent jurisdiction; or
(l) To a consumer reporting agency under section 3(d) of the Federal
Claims Collection Act of 1966 (31 U.S.C. 3711(f)(1)).
41 CFR 105-64.202 Procedures for disclosure.
(a) On receiving a request to disclose a record, the manager should
verify the requester's right to obtain the information under 105-64.201.
Upon verification, the manager may make the records available.
(b) If the manager decides the record can't be disclosed, he or she
must inform the requester in writing and state that the denial can be
appealed to the GSA Privacy Act Officer, General Services Administration
(ATRAI), for a final decision.
41 CFR 105-64.203 Accounting of disclosure.
(a) Except for disclosures made under 105-64.201 (a) and (b), an
accurate account of each disclosure is kept and retained for 5 years or
for the life of the record, whichever is longer. The date, reason, and
type of information disclosed, as well as the name and address of the
person or agency to whom you disclosed it are noted.
(b) The manager also keeps with the account of information disclosed:
(1) A statement justifying the disclosure;
(2) Any documentation related to disclosing a record for statistical
or law enforcement use; and
(3) The written consent of the person concerned.
(c) Except when records are disclosed to agencies or
instrumentalities for law enforcement under 105-64.201(g) or from exempt
systems (see subpart 105-64.6), accounts of information disclosed must
be opened to the person concerned, upon request. Procedures to request
such access are given in the following subpart.
41 CFR 105-64.203 Subpart 105-64.3 -- Individual Access to Records
105-64.301 Access procedures.
41 CFR 105-64.301-1 Form of requests.
(a) A person who wants to see a record or any information concerning
him or her that is contained in a system or records maintained in the
GSA Central Office should send a written request to the GSA Privacy Act
Officer, General Services Administration (ATRAI), Washington, DC 20405.
For records maintained in GSA regional offices, send the request to the
Director, Administrative Services Division at the address shown in
105-64.301-6.
(b) Requests must be made in writing and must be labeled Privacy Act
Request both on the letter and on the envelope. The letter should
contain the full name and identifying number of the system as published
in the Federal Register; the full name and address of the subject
individual; a brief description of the nature, time, place, and
circumstances of the person's association with GSA; and any other
information that would indicate whether the information is in the system
of records. The 10-workday time limit for the agency to reply under
105-64.301-3, begins when a request is received in the office of the
official identified in this section.
(c) Managers may accept oral requests for access, if the requester is
properly identified.
41 CFR 105-64.301-2 Special requirements for medical records.
(a) A manager who receives a request for access to official medical
records belonging to the Office of Personnel Management and described in
Chapter 339, Federal Personnel Manual (records about entrance
qualification, fitness for duty, or records filed in the official
personnel folder), should refer the matter to a Federal medical officer
for a decision under this section. If no medical officer is available,
the manager should send the request and the medical reports to the
Office of Personnel Management for a decision.
(b) If the Federal medical officer believes the medical records
requested by the subject individual discuss a condition that a physician
would hesitate to reveal to the person, the manager may release the
information only to a physician designated in writing by the subject
individual, his or her guardian, or conservator. If the records contain
information the physician would likely disclose to the person, the
information may be released to anyone the person authorizes in writing
to receive it.
41 CFR 105-64.301-3 Granting access.
(a) Upon receiving a request for access to nonexempt records, the
manager must make them available to the subject individual or
acknowledge the request within 10 workdays after it is received, stating
when the records will be available.
(b) If the manager expects a delay of more than the 10 days allowed,
he or she should state the reason why in the acknowledgement.
(c) If a request for access does not contain enough information to
find the records, the manager should request additional information from
the individual and is allowed 10 more workdays after receiving it to
make the records available or acknowledge receiving the request.
(d) Records are available during normal business hours at the offices
where the records are maintained. Requesters should be prepared to
identify themselves by signature and to show other identification
verifying their signature.
(e) Managers may permit an individual to examine the original of a
nonexempt record and, if asked, provide the person with a copy of the
record. Fees are charged only for copies given to the person, not for
copies made for the agency's convenience.
(f) A requester may pick up a record in person or receive it by mail,
directed to an address provided in the request. The manager should not
give a record to a third party to deliver to the subject individual,
except medical records as outlined in 105-64.301-2 or as described in
paragraph (g) of this section.
(g) If a person wants to have someone else accompany him or her while
reviewing a record or when obtaining a copy of it, he or she must first
sign a statement authorizing the disclosure of the record. The system
manager shall maintain this statement with the record.
(h) The procedure to review the account of disclosures is the same as
the procedures for reviewing a record.
41 CFR 105-64.301-4 Denials of access.
(a) A manager may deny access to a record only if the information is
being compiled in reasonable acticipation of a civil action or
proceeding as provided under 5 U.S.C. 552(d)(5) or if rules published in
the Federal Register state that it is in a system of records that may
not be disclosed. These systems are described in Subpart 105-64.6.
(b) If a manager receives a request for access to a record in an
exempt system of record, he or she should forward it to the Head of the
Service or Staff Office or Regional Administrator, attaching an
explanation and recommending the request be denied or granted.
(c) If the manager is the Head of a Service or Staff Office or a
Regional Administrator, he or she retains the responsibility for
granting or denying the request.
(d) The head of the Service or Staff Office or Regional
Administrator, in consultation with legal counsel and other officials
concerned, should decide whether the requested record is exempt from
disclosure and,
(1) If the record is not exempt, notify the system manager to grant
the request under 105-64.301-3; or
(2) If the record is part of an exempt system he or she should:
(i) Notify the requester that the request is denied, explain why it
is denied, and inform the requester of his or her right to have GSA
review the decision; or
(ii) Notify the manager to make the record available under
105-64.301-3, even though it is in an exempted system.
(e) A copy of any denial of a request should be sent to the GSA
Privacy Act Officer (ATRAI).
41 CFR 105-64.301-5 Appeal of denial of access within GSA.
(a) A requester who is denied access, in whole or in part, to records
pertaining to him or her may file an administrative appeal. Appeals
should be addressed to the GSA Privacy Act Officer, General Services
Administration (ATRAI), Washington, DC 20405, regardless whether the
denial was made by a Central Office or a regional official.
(b) Each appeal to the Privacy Act Officer must be in writing. The
appeal should be marked Privacy Act-Access Appeal, on the face of the
letter and on the envelope.
(c) On receiving an appeal, the Privacy Act Officer consults with the
manager, the official who made the denial, legal counsel, and other
officials concerned. If the Privacy Act Officer, after consultation,
decides to grant the request, he or she notifies the manager in writing
to grant access to the record under 105-64.301-3, or grants access
himself or herself and notifies the requester of that action.
(d) If the Privacy Act Officer decides the appeal should be rejected,
he or she sends the request file and any appeal, with a recommendation,
to the Deputy Administrator for a final administrative decision.
(e) If the Deputy Administrator decides to grant a request, he or she
promptly instructs the system manager in writing to grant access to the
record under 105-64.301-3. The Deputy Administrator sends a copy of the
instructions to the Privacy Act Officer, who notifies the requester.
(f) If the Deputy Administrator rejects an appeal, he or she should
promptly notify the requester in writing. This action constitutes the
final administrative decision on the request and should state:
(1) The reason for rejecting the appeal; and
(2) That the requester has the right to have a court review the final
decision under 105-64.408.
(g) The final decision must be made within 30 workdays from the date
the appeal is received by the Privacy Act Officer. The Deputy
Administrator may extend the time limit by notifying the requester in
writing before the 30 days are up. The Deputy Administrator's letter
should explain why the time was extended.
41 CFR 105-64.301-6 Geographic composition, addresses and telephone
numbers of regional Administrative Services Division directors.
Boston (includes Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont) Telephone: 617-223-5212
Director, Administrative Services Division, General Services
Administration (1BR), John W. McCormack Post Office and Courthouse,
Boston, MA 02109
New York (includes New Jersey, New York, the Commonwealth of Puerto
Rico, and the Virgin Islands) Telephone: 212-264-8262
Director, Administrative Services Division, General Services
Administration (2BR), 26 Federal Plaza, New York, NY 10278
Philadelphia (includes Delaware, Maryland, Pennsylvania, Virginia,
and West Virginia with the exception of the National Capital Region)
Telephone: 215-597-7926
Director, Administrative Services Division, General Services
Administration (3BR), Ninth and Market Streets, Philadelphia, PA 19107
Atlanta (includes Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee) Telephone: 404-221-3240
Director, Administrative Services Division, General Services
Administration (4BR), 75 Spring Street, SW, Atlanta, GA 30303
Chicago (includes Illinois, Indiana, Michigan, Ohio, Minnesota, and
Wisconsin) Telephone: 312-353-8421
Director, Administrative Services Division, General Services
Administration (5BR), 230 South Dearborn Street, Chicago, IL 60604
Kansas City (includes Iowa, Kansas, Missouri, and Nebraska)
Telephone: 816-374-7581
Director, Administrative Services Division, General Services
Administration (6BR), 1500 East Bannister Road, Kansas City, MO 64131
Fort Worth (includes Arkansas, Louisiana, New Mexico, Texas, and
Oklahoma) Telephone: 817-334-2350
Director, Administrative Services Division, General Services
Administration (7BR), 819 Taylor Street, Fort Worth, TX 76102
Denver (includes Colorado, North Dakota, South Dakota, Montana, Utah,
and Wyoming) Telephone: 303-776-2231
Director, Administrative Services Division, General Services
Administration (8BR), Building 41, Denver Federal Center, Denver, CO
80225
San Francisco (includes Hawaii, California, Nevada, and Arizona)
Telephone: 415-556-9130
Director, Administrative Services Division, General Services
Administration (9BR), 525 Market Street, San Francisco, CA 95105
Auburn (includes Alaska, Idaho, Oregon, and Washington) Telephone:
206-931-7128
Director, Administrative Services Division, General Services
Administration (10BR), GSA Center, Auburn, WA 98002
Washington, DC (includes the District of Columbia, the counties of
Montgomery and Prince Georges in Maryland; the city of Alexandria and
the counties of Arlington, Fairfax, Loudoun, and Prince William in
Virginia) Telephone: 202-472-1650
Director, Adminstrative Services Division, General Services
Administration (WBR), Seventh and D Streets, SW, Washington, DC 20407
41 CFR 105-64.302 Fees.
41 CFR 105-64.302-1 Records available at a fee.
The manager shall provide one copy of a record to a requester for the
fee stated in 105-64.302-6.
41 CFR 105-64.302-2 Additional copies.
A reasonable number of additional copies shall be provided for a fee
if a requester cannot get copies made commercially.
41 CFR 105-64.302-3 Waiver of fee.
The manager should make a copy of a record of up to 50 pages at no
charge to a requester who is a GSA employee. The manager may waive the
fee if the cost of collecting it is nearly as large as or greater than
the fee, or if furnishing the record without charge is customary or in
the public interest.
41 CFR 105-64.302-4 Prepayment of fees over $25.
If a fee is likely to exceed $25, the manager notifies the person to
pay the fee before GSA can make the records available. GSA will remit
any overpayment or will send the requester a bill for any change over
the amount paid.
41 CFR 105-64.302-5 Form of payment.
Copies must be paid for by check or money order made out to the
General Services Administration and addressed to the system manager.
41 CFR 105-64.302-6 Reproduction fee schedule.
(a) The fee for copying a GSA record (by electrostatic copier) of 8
by 14 inches or less is 10 cents a page.
(b) The fee for copying a GSA record more than 8 by 14 inches or one
that does not permit copying by routine procedures is the same as that
charged commercially.
41 CFR 105-64.302-6 Subpart 105-64.4 -- Requests To Amend Records
41 CFR 105-64.401 Submission of requests to amend records.
A person who wants to amend a record containing personal information
should send a written request to the GSA Privacy Act Officer. A GSA
employee who want to amend personnel records should send a written
request to the General Services Administration, Director of Personnel
(EP), Washington, DC 20405. It should show evidence of and justify the
need to amend the record. Both the letter and the envelope should be
marked ''Privacy Act-Request to Amend Record''.
41 CFR 105-64.402 Review of requests to amend records.
(a) Managers must acknowledge a request to amend a record within 10
workdays after receiving it. If possible, the acknowledgment should
state whether the request will be granted or denied, under 105-64.404.
(b) In reviewing a record in response to a request to amend, the
manager should weigh the accuracy, relevance, timeliness, and
completeness of the existing record compared to the proposed amendment
to decide whether the amendment is justified. On a request to delete
information, the manager should also review the request and the existing
record to decide whether the information is needed by the agency under a
statute or an Executive order.
41 CFR 105-64.403 Approval of requests to amend.
If a manager decides that a record should be amended, he or she must
promptly correct it and send the person a corrected copy. If an
accounting of disclosure was created to document disclosure of a record,
anyone who previously received the record must be informed of the
substance of the correction and sent a copy of the corrected record.
The manager should advise the Privacy Act Officer that the request to
amend was approved.
41 CFR 105-64.404 Denial of requests to amend.
(a) If a manager decides that amending a record is improper or that
it should be amended in a different way, he or she refers the request
and recommendation to the Head of the Service or Staff Office or
Regional Administrator through channels.
(b) If the Head of the Service or Staff Office or Regional
Administrator decides to amend the record as requested, he or she should
promptly return the request to the manager with instructions to make the
amendment under 105-64.403.
(c) If the Head of the Service or Staff Officer or Regional
Administrator decides not to amend the record as requested, he or she
should promptly advise the requester in writing of the decision. The
letter shall (1) state the reason for denying the request; (2) include
proposed alternate amendments, if appropriate; (3) state the
requester's right to appeal the denial; and (4) tell how to proceed
with an appeal.
(d) The Privacy Act Officer must be sent a copy of the original
denial of a request to amend a record.
41 CFR 105-64.405 Agreement to alternative amendments.
If the letter denying a request to amend a record proposes alternate
amendments and the requester agrees to them, he or she must notify the
official who signed the letter. The official should promptly instruct
the manager to amend the record under 105-64.403.
41 CFR 105-64.406 Appeal of denial of request to amend a record.
(a) A requester who is denied a request to amend a record may appeal
the denial. The appeal should be sent to the General Services
Administration, Privacy Act Officer (ATRAI), Washington, DC 20405. If
the request involves a record in a GSA employee's official personnel
folder, as described in Chapter 293 of the Federal Personnel Manual, the
appeal should be addressed to the Director, Bureau of Manpower
Information Systems, Office of Personnel Management, Washington, DC
20415.
(b) The appeal to the Privacy Act Officer must be in writing and be
received within 30 calendar days after the requester receives the letter
stating the request was denied. It should be marked ''Privacy Act --
Appeal,'' both on the front of the letter and the envelope.
(c) On receiving an appeal, the Privacy Act Officer should consult
with the manager, the official who made the denial, legal counsel, and
other officials involved. If the Privacy Act Officer, after consulting
with these officials, decides that the record should be amended as
requested, he or she must promptly inform the manager to amend it under
105-64.403 and shall notify the requester.
(d) If the Privacy Act Officer, after consulting with the officials
listed in the above paragraph, decides to reject an appeal, he or she
should send the file, with a recommendation, to the Deputy Administrator
for a final administrative decision.
(e) If the Deputy Administrator decides to change the record, he or
she should promptly instruct the manager in writing to amend it under
105-64.403 and send a copy of the instruction to the Privacy Act
Officer, who shall notify the requester.
(f) If the Deputy Administrator rejects an appeal, he or she should
promptly notify the requester in writing. This is the final
administrative decision on the request and should include:
(1) Why the appeal is rejected;
(2) Alternate amendments that the requester may accept under
105-64.405;
(3) Notice of the requester's right to file a Statement of
Disagreement that must be distributed under 105-64.407; and
(4) Notice of requester's right to seek court review of the final
administrative decision under 105-64.408.
(g) The final agency decision must be made within 30 workdays from
the date the Privacy Act Officer receives the appeal. In unusual
circumstances, the Deputy Administrator may extend this time limit by
notifying the requester in writing before the 30 days are up. The
notice should explain why the limit was extended.
41 CFR 105-64.407 Statements of disagreement.
On receiving a final decision not to amend a record, the requester
may file a Statement of Disagreement with the manager. The statement
should explain why the requester believes the record to be inaccurate,
irrelevant, untimely, or incomplete. The manager must file the
statement with the records and include a copy of it in any disclosure of
the record. The manager must also provide a copy of the Statement of
Disagreement to any person or agency to whom the record has been
disclosed if the disclosure was made under the accounting requirement of
105-64.202.
41 CFR 105-64.408 Judicial review.
For up to 2 years after the final administrative decision under
105-64.301-4 or 105-64.406, a requester may seek to have the court
overturn the decision. A civil action must be filed in the Federal
District Court where the requester lives or has his or her principal
place of business, where the agency records are maintained, or in the
District of Columbia.
41 CFR 105-64.408 Subpart 105-64.5 -- Reporting New Systems and Altering Existing Systems
41 CFR 105-64.501 Reporting requirement.
(a) At least 90 calendar days before establishing a new system of
records, the manager must notify the Associate Administrator for Policy
and Management Systems. The notification must describe and justify each
system of records. If the Associate Administrator decides to establish
the system, he or she should submit a proposal, at least 60 days before
establishing the system, to the President of the Senate, the Speaker of
the House of Representatives and the Director of the Office of
Management and Budget for evaluating the effect on the privacy and other
rights of individuals.
(b) At least 90 calendar days before altering a system of records,
the responsible manager must notify the Associate Administrator for
Policy and Management Systems. The notification must describe and
justify altering the system of records. If the Associate Administrator
decides to alter the system, he or she should submit a proposal, at
least 60 calendar days before altering the system, to the President of
the Senate, the Speaker of the House of Representatives, and the
Director of the Office of Management and Budget for evaluating the
effect on the privacy and other rights of individuals.
(c) Reports required by this regulation are exempt from reports
control.
41 CFR 105-64.502 Federal Register notice of establishment of new system
or alteration of existing system.
The Associate Administrator for Policy and Management Systems must
publish in the Federal Register a notice of intent to establish or alter
a system of records:
(a) If he or she receives notice that the Senate, the House of
Representatives, and the Office of Management and Budget (OMB) do not
object to establishing or altering a system of records, or
(b) If 30 calendar days after submitting the proposal neither OMB nor
the Congress objects.
41 CFR 105-64.503 Effective date of new systems of records or alteration
of an existing system of records.
When there is no objection to establishing or changing a system of
records, it becomes effective 30 calendar days after the notice is
published in the Federal Register.
41 CFR 105-64.503 Subpart 105-64.6 -- Exemptions
41 CFR 105-64.601 General exemptions.
The following systems of records are exempt from the Privacy Act of
1974, except subsections (b); (c) (1) and (2); (e)(4) (A) through (F);
(e) (6), (7), (9), (10), and (11); and (i) of the Act:
(a) Incident Reporting System, GSA/PBS-3.
(b) Investigation Case Files, ADM-24.
The systems of records GSA/PBS-3 and GSA/ADM-24 are exempt to the
extent that information in them relates to enforcing the law, including
police efforts to prevent, control, or reduce crime or to apprehend
criminals; to the activities of prosecutors, courts, and correctional,
probation, pardon, or parole authorities; and to (1) information
compiled to identify criminal offenders and alleged offenders,
consisting of records of arrests, disposition of criminal charges,
sentencing, confinement, release, parole, and probation; (2)
information compiled for a criminal investigation, including reports of
informants and investigators that identify a person; or (3) reports
that identify a person and were prepared while enforcing criminal laws,
from arrest or indictment through release from parole. The law exempts
these systems to maintain the effectiveness and integrity of the Federal
Protective Service and the Office of Inspector General.
41 CFR 105-64.602 Specific exemptions.
The following systems of records are exempt from subsections (c)(3);
(d); (e)(1); (e)(4) (G), (H), and (I); and (f) of the Privacy Act of
1974;
(a) Incident Reporting System, GSA/PBS-3.
(b) Investigation Case Files, GSA/ADM-24.
(c) Security Files, HSA/HRO-37.
The systems are exempt (1) if they contain investigatory material
compiled for law enforcement. However, if anyone is denied a right,
privilege, or benefit for which they would otherwise be eligible because
of the material, it should be provided to the person, except if it
discloses the identify of a Government source of information which there
is an express promise of confidentiality or before the effective date of
this section, under an implied promise of confidentiality and (2)
investigatory material compiled solely to decide suitability,
eligibility, or qualification for Federal employment, military service,
Federal contracts, or access to classified information, when disclosing
the material would reveal the identity of a confidential Government
informant, or prior to the effective date of this section, under an
implied promise that their identity is to be held in confidence. The
systems are exempted to maintain the effectiveness and integrity of
investigations conducted as part of the Federal Protective Service,
Office of Inspector General, and Office of Internal Security law
enforcement duties or their responsibilities in the areas of Federal
employment, Government contracts, and access to security classified
information.
41 CFR 105-64.602 Subpart 105-64.7 -- Assistance and Referrals
41 CFR 105-64.701 Requests for assistance and referral.
Requests for assistance and referral to a system manager or other GSA
employee charged with implementing these regulations are made to the GSA
Privacy Officer (ATRAI), General Services Administration, Washington, DC
20405.
41 CFR 105-64.701 PART 105-67 -- SALE OF PERSONAL PROPERTY
Sec.
105-67.100 Scope of subpart.
105-67.101 Debarred, suspended and ineligible contractors.
Authority: 40 U.S.C. 486(c).
41 CFR 105-67.100 Scope of subpart.
This subpart prescribes policies and procedures governing the
debarment or suspension of contractors from purchases of Federal
personal property (see FPMR Part 101-45).
(51 FR 13500, Apr. 21, 1986)
41 CFR 105-67.101 Debarred, suspended and ineligible contractors.
The policies, procedures and requirements of Subpart 509.4 of the
General Services Administration Acquisition Regulation (GSAR) are
incorporated by reference and made applicable to contracts for, and to
contractors who engage in, the purchase of Federal personal property.
(51 FR 13500, Apr. 21, 1986)
41 CFR 105-67.101 PART 105-68 -- GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
41 CFR 105-67.101 Subpart 105-68.1 -- General
Sec.
105-68.100 Purpose.
105-68.105 Definitions.
105-68.110 Coverage.
105-68.115 Policy.
41 CFR 105-67.101 Subpart 105-68.2 -- Effect of Action
105-68.200 Debarment or suspension.
105-68.205 Ineligible persons.
105-68.210 Voluntary exclusion.
105-68.215 Exception provision.
105-68.220 Continuation of covered transactions.
105-68.225 Failure to adhere to restrictions.
41 CFR 105-67.101 Subpart 105-68.3 -- Debarment
105-68.300 General.
105-68.305 Causes for debarment.
105-68.310 Procedures.
105-68.311 Investigation and referral.
105-68.312 Notice of proposed debarment.
105-68.313 Opportunity to contest proposed debarment.
105-68.314 Debarring official's decision.
105-68.315 Settlement and voluntary exclusion.
105-68.320 Period of debarment.
105-68.325 Scope of debarment.
41 CFR 105-67.101 Subpart 105-68.4 -- Suspension
105-68.400 General.
105-68.405 Causes of suspension.
105-68.410 Procedures.
105-68.411 Notice of suspension.
105-68.412 Opportunity to contest suspension.
105-68.413 Suspending official's decision.
105-68.415 Period of suspension.
105-68.420 Scope of suspension.
41 CFR 105-67.101 Subpart 105-68.5 -- Responsibilities of GSA, Agency
and Participants
105-68.500 GSA responsibilities (information dissemination).
105-68.505 GSA responsibilities.
105-68.510 Participants' responsibilities.
41 CFR 105-67.101 Subpart 105-68.6 -- Drug-Free Workplace Requirements
(Grants)
105-68.600 Purpose.
105-68.605 Definitions.
105-68.610 Coverage.
105-68.615 Grounds for suspension of payments, suspension or
termination of grants, or suspension or debarment.
105-68.620 Effect of violation.
105-68.625 Exception provision.
105-68.630 Certification requirements and procedures.
105-68.635 Reporting of and employee sanctions for convictions of
criminal drug offenses.
Appendix A -- Certification Regarding Debarment, Suspension, and
Other Responsibility Matters -- Primary Covered Transactions
Appendix B -- Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions
Appendix C -- Certification Regarding Drug-Free Workplace
Requirements
Authority: E.O. 12549; sec. 5151-5160 of the Drug-Free Workplace
Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 et
seq); 40 U.S.C. 486(c).
Source: 53 FR 19198, 19204, May 26, 1988, unless otherwise noted.
Redesignated at 54 FR 4962, Jan. 31, 1989.
Cross Reference: See also Office of Management and Budget notice
published at 55 FR 21679, May 25, 1990.
Editorial Note (1): For additional information, see related
documents published at 53 FR 19160, May 26, 1988, and 53 FR 34474, Sept.
6, 1988.
Editorial Note (2): For nomenclature changes affecting this part,
see 53 FR 19198 and 19204, May 26, 1988.
41 CFR 105-67.101 Subpart 105-68.1 -- General
41 CFR 105-68.100 Purpose.
(a) Executive Order 12549 provides that, to the extent permitted by
law, Executive departments and agencies shall participate in a
governmentwide system for nonprocurement debarment and suspension. A
person who is debarred or suspended shall be excluded from Federal
financial and nonfinancial assistance and benefits under Federal
programs and activities. Debarment or suspension of a participant in a
program by one agency shall have governmentwide effect.
(b) These regulations implement section 3 of Executive Order 12549
and the guidelines promulgated by the Office of Management and Budget
under section 6 of the Executive Order by:
(1) Prescribing the programs and activities that are covered by the
governmentwide system;
(2) Prescribing the governmentwide criteria and governmentwide
minimum due process procedures that each agency shall use;
(3) Providing for the listing of debarred and suspended participants,
participants declared ineligible (see definition of ''ineligible'' in
105-68.105(i)), and participants who have voluntarily excluded
themselves from participation in covered transactions
(4) Setting forth the consequences of a debarment, suspension,
determination of ineligibility, or voluntary exclusion; and
(5) Offering such other guidance as necessary for the effective
implementation and administration of the governmentwide system.
(c) Although these regulations cover the listing of ineligible
participants and the effect of such listing, they do not prescribe
policies and procedures governing declarations of ineligibility.
41 CFR 105-68.105 Definitions.
(a) Adequate evidence. Information sufficient to support the
reasonable belief that a particular act or omission has occurred.
(b) Affiliate. Persons are affiliates of each another if, directly
or indirectly, either one controls or has the power to control the
other, or, a third person controls or has the power to control both.
Indicia of control include, but are not limited to: interlocking
management or ownership, identity of interests among family members,
shared facilities and equipment, common use of employees, or a business
entity organized following the suspension or debarment of a person which
has the same or similar management, ownership, or principal employees as
the suspended, debarred, ineligible, or voluntarily excluded person.
(c) Agency. Any executive department, military department or defense
agency or other agency of the executive branch, excluding the
independent regulatory agencies.
(d) Civil judgment. The disposition of a civil action by any court
of competent jurisdiction, whether entered by verdict, decision,
settlement, stipulation, or otherwise creating a civil liability for the
wrongful acts complained of; or a final determination of liability
under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-12).
(e) Conviction. A judgment of conviction of a criminal offense by
any court of competent jurisdiction, whether entered upon a verdict or a
plea, including a plea of nolo contendere.
(f) Debarment. An action taken by a debarring official in accordance
with these regulations to exclude a person from participating in covered
transactions. A person so excluded is ''debarred.''
(g) Debarring official. An official authorized to impose debarment.
The debarring official is either:
(1) The agency head, or
(2) An official designated by the agency head.
(h) Indictment. Indictment for a criminal offense. An information
or other filing by competent authority charging a criminal offense shall
be given the same effect as an indictment.
(i) Ineligible. Excluded from participation in Federal
nonprocurement programs pursuant to a determination of ineligibility
under statutory, executive order, or regulatory authority, other than
Executive Order 12549 and its agency implementing regulations; for
exemple, excluded pursuant to the Davis-Bacon Act and its implementing
regulations, the equal employment opportunity acts and executive orders,
or the environmental protection acts and executive orders. A person is
ineligible where the determination of ineligibility affects such
person's eligibility to participate in more than one covered
transaction.
(j) Legal proceedings. Any criminal proceeding or any civil judicial
proceeding to which the Federal Government or a State of local
government or quasi-governmental authority is a party. The term
includes appeals from such proceedings.
(k) Nonprocurement List. The portion of the List of Parties Excluded
from Federal Procurement or Nonprocurement Programs complied, maintained
and distributed by the General Services Administration (GSA) containing
the names and other information about persons who have been debarred,
suspended, or voluntarily excluded under Executive Order 12549 and these
regulations, and those who have been determined to be ineligible.
(l) Notice. A written communication served in person or sent by
certified mail, return receipt requested, or its equivalent, to the last
known address of a party, its identified counsel, its agent for service
of process, or any partner, officer, director, owner, or joint venturer
of the party. Notice, if undeliverable, shall be considered to have
been received by the addressee five days after being properly sent to
the last address known by the agency.
(m) Participant. Any person who submits a proposal for, enters into,
or reasonably may be expected to enter into a covered transaction. This
term also includes any person who acts on behalf of or is authorized to
commit a participant in a covered transaction as an agent or
representative of another participant.
(n) Person. Any individual, corporation, partnership, association,
unit of government or legal entity, however organized, except: foreign
governments or foreign governmental entities, public international
organizations, foreign government owned (in whole or in part) or
controlled entities, and entities consisting wholly or partially of
foreign governments or foreign governmental entities.
(o) Preponderance of the evidence. Proof by information that,
compared with that opposing it, leads to the conclusion that the fact at
issue is more probably true than not.
(p) Principal. Officer, director, owner, partner, key employee, or
other person within a participant with primary management or supervisory
responsibilities; or a person who has a critical influence on or
substantive control over a covered transaction, whether or not employed
by the participant. Persons who have a critical influence on or
substantive control over a covered transaction are:
(1) Principal investigators.
(q) Proposal. A solicited or unsolicited bid, application, request,
invitation to consider or similar communication by or on behalf of a
person seeking to participate or to receive a benefit, directly or
indirectly, in or under a covered transaction.
(r) Respondent. A person against whom a debarment or suspension
action has been initiated.
(s) State. Any of the States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, any territory or possession
of the United States, or any agency of a State, exclusive of
institutions of higher education, hospitals, and units of local
government. A State instrumentality will be considered part of the
State government if it has a written determination from a State
government that such State considers that instrumentality to be an
agency of the State government.
(t) Suspending official. An official authorized to impose
suspension. The suspending official is either:
(1) The agency head, or
(2) An official designated by the agency head.
(u) Suspension. An action taken by a suspending official in
accordance with these regulations that immediately excludes a person
from participating in covered transactions for a temporary period,
pending completion of an investigation and such legal, debarment, or
Program Fraud Civil Remedies Act proceedings as may ensue. A person so
excluded is ''suspended.''
(v) Voluntary exclusion or voluntarily excluded. A status of
nonparticipation or limited participation in covered transactions
assumed by a person pursuant to the terms of a settlement.
(w) GSA. General Services Administration.
(53 FR 19198 and 19204, May 26, 1988 as amended at 53 FR 19198, May
26, 1988)
41 CFR 105-68.110 Coverage.
(a) These regulations apply to all persons who have participated, are
currently participating or may reasonably be expected to participate in
transactions under Federal nonprocurement programs. For purposes of
these regulations such transactions will be referred to as ''covered
transactions.''
(1) Covered transaction. For purposes of these regulations, a
covered transaction is a primary covered transaction or a lower tier
covered transaction. Covered transactions at any tier need not involve
the transfer of Federal funds.
(i) Primary covered transaction. Except as noted in paragraph (a)(
2) of this section, a primary covered transaction is any nonprocurement
transaction between an agency and a person, regardless of type,
including: grants, cooperative agreements, scholarships, fellowships,
contracts of assistance, loans, loan guarantees, subsidies, insurance,
payments for specified use, donation agreements and any other
nonprocurement transactions between a Federal agency and a person.
Primary covered transactions also include those transactions specially
designated by the U.S. Department of Housing and Urban Development in
such agency's regulations governing debarment and suspension.
(ii) Lower tier covered transaction. A lower tier covered
transaction is:
(A) Any transaction between a participant and a person other than a
procurement contract for goods or services, regardless of type, under a
primary covered transaction.
(B) Any procurement contract for goods or services between a
participant and a person, regardless of type, expected to equal or
exceed the Federal procurement small purchase threshold fixed at 10 U.
S.C. 2304(g) and 41 U.S.C. 253(g) (currently $25,000) under a primary
covered transaction.
(C) Any procurement contract for goods or services between a
participant and a person under a covered transaction, regardless of
amount, under which that person will have a critical influence on or
substantive control over that covered transaction. Such persons are:
(1) Principal investigators.
(2) Providers of federally-required audit services.
(2) Exceptions. The following transactions are not covered:
(i) Statutory entitlements or mandatory awards (but not subtier
awards thereunder which are not themselves mandatory), including
deposited funds insured by the Federal Government;
(ii) Direct awards to foreign governments or public international
organizations, or transactions with foreign governments or foreign
governmental entities, public international organizations, foreign
government owned (in whole or in part) or controlled entities, entities
consisting wholly or partially of foreign governments or foreign
governmental entities;
(iii) Benefits to an individual as a personal entitlement without
regard to the individual's present responsibility (but benefits received
in an individual's business capacity are not excepted);
(iv) Federal employment;
(v) Transactions pursuant to national or agency-recognized
emergencies or disasters;
(vi) Incidental benefits derived from ordinary governmental
operations; and
(vii) Other transactions where the application of these regulations
would be prohibited by law.
(b) Relationship to other sections. This section describes the types
of transactions to which a debarment or suspension under the regulations
will apply. Subpart 105-68.2, ''Effect of Action,'' 105-68.200,
''Debarment or suspension,'' sets forth the consequences of a debarment
or suspension. Those consequences would obtain only with respect to
participants and principals in the covered transactions and activities
described in 105-68.110(a). Sections 105-68.325, ''Scope of debarment,''
and 105-68.420, ''Scope of suspension,'' govern the extent to which a
specific participant or organizational elements of a participant would
be automatically included within a debarment or suspension action, and
the conditions under which affiliates or persons associated with a
participant may also be brought within the scope of the action.
(c) Relationship to Federal procurement activities. Debarment and
suspension of Federal procurement contractors and subcontractors under
Federal procurement contracts are covered by the Federal Acquisition
Regulation (FAR), 48 CFR subpart 9.4.
(53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4962, Jan.
31, 1989)
41 CFR 105-68.115 Policy.
(a) In order to protect the public interest, it is the policy of the
Federal Government to conduct business only with responsible persons.
Debarment and suspension are discretionary actions that, taken in
accordance with Executive Order 12549 and these regulations, are
appropriate means to implement this policy.
(b) Debarment and suspension are serious actions which shall be used
only in the public interest and for the Federal Government's protection
and not for purposes of punishment. Agencies may impose debarment or
suspension for the causes and in accordance with the procedures set
forth in these regulations.
(c) When more than one agency has an interest in the proposed
debarment or suspension of a person, consideration shall be given to
designating one agency as the lead agency for making the decision.
Agencies are encouraged to establish methods and procedures for
coordinating their debarment or suspension actions.
41 CFR 105-68.115 Subpart 105-68.2 -- Effect of Action
41 CFR 105-68.200 Debarment or suspension.
(a) Primary covered transactions. Except to the extent prohibited by
law, persons who are debarred or suspended shall be excluded from
primary covered transactions as either participants or principals
throughout the executive branch of the Federal Government for the period
of their debarment or suspension. Accordingly, no agency shall enter
into primary covered transactions with such debarred or suspended
persons during such period, except as permitted pursuant to 105-68.215.
(b) Loser tier covered transactions. Except to the extent prohibited
by law, persons who have been debarred or suspended shall be excluded
from participating as either participants or principals in all lower
tier covered transactions (see 105-68.110(a)(1)(ii)) for the period of
their debarment or suspension.
(c) Exceptions. Debarment or suspension does not affect a person's
eligibility for:
(1) Statutory entitlements or mandatory awards (but not subtier
awards thereunder which are not themselves mandatory), including
deposited funds insured by the Federal Government;
(2) Direct awards to foreign governments or public international
organizations, or transactions with foreign governments or foreign
governmental entities, public international organizations, foreign
government owned (in whole or in part) or controlled entities, and
entities consisting wholly or partially of foreign governments or
foreign governmental entities;
(3) Benefits to an individual as a personal entitlement without
regard to the individual's present responsibility (but benefits received
in an individual's business capacity are not excepted);
(4) Federal employment;
(5) Transactions pursuant to national or agency-recognized
emergencies or disasters;
(6) Incidental benefits derived from ordinary governmental
operations; and
(7) Other transactions where the application of these regulations
would be prohibited by law.
41 CFR 105-68.205 Ineligible persons.
Persons who are ineligible, as defined in 105-68.105(i), are excluded
in accordance with the applicable statutory, executive order, or
regulatory authority.
41 CFR 105-68.210 Voluntary exclusion.
Persons who accept voluntary exclusions under 105-68.315 are excluded
in accordance with the terms of their settlements. GSA shall, and
participants may, contact the original action agency to ascertain the
extent of the exclusion.
41 CFR 105-68.215 Exception provision.
GSA may grant an exception permitting a debarred, suspended, or
voluntarily excluded person to participate in a particular covered
transaction upon a written determination by the agency head or an
authorized designee stating the reason(s) for deviating from the
Presidential policy established by Executive Order 12549 and 105-68.200
of this rule. However, in accordance with the President's stated
intention in the Executive Order, exceptions shall be granted only
infrequently. Exceptions shall be reported in accordance with
105-68.505(a).
41 CFR 105-68.220 Continuation of covered transactions.
(a) Notwithstanding the debarment, suspension, determination of
ineligibility, or voluntary exclusion of any person by an agency,
agencies and participants may continue covered transactions in existence
at the time the person was debarred, suspended, declared ineligible, or
voluntarily excluded. A decision as to the type of termination action,
if any, to be taken should be made only after thorough review to ensure
the propriety of the proposed action.
(b) Agencies and participants shall not renew or extend covered
transactions (other than no-cost time extensions) with any person who is
debarred, suspended, ineligible, or voluntarily excluded, except as
provided in 105-68.215.
41 CFR 105-68.225 Failure to adhere to restrictions.
Except as permitted under 105-68.215 or 105-68.220 of these
regulations, a participant shall not knowingly do business under a
covered transaction with a person who is debarred or suspended, or with
a person who is ineligible for or voluntarily excluded from that covered
transaction. Violation of this restriction may result in disallowance
of costs, annulment or termination of award, issuance of a stop work
order, debarment or suspension, or other remedies, as appropriate. A
participant may rely upon the certification of a prospective participant
in a lower tier covered transaction that it and its principals are not
debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction (see appendix B), unless it knows that the
certification is erroneous. An agency has the burden of proof that such
participant did knowingly do business with such a person.
41 CFR 105-68.225 Subpart 105-68.3 -- Debarment
41 CFR 105-68.300 General.
The debarring official may debar a person for any of the causes in
105-68.305, using procedures established in 105-68.310 through
105-68.314. The existence of a cause for debarment, however, does not
necessarily require that the person be debarred; the seriousness of the
person's acts or omissions and any mitigating factors shall be
considered in making any debarment decision.
41 CFR 105-68.305 Causes for debarment.
Debarment may be imposed in accordance with the provisions of
105-68.300 through 105-68.314 for:
(a) Conviction of or civil judgment for:
(1) Commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public or private
agreement or transaction;
(2) Violation of Federal or State antitrust statutes, including those
proscribing price fixing between competitors, allocation of customers
between competitors, and bid rigging;
(3) Commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
receiving stolen property, making false claims, or obstruction of
justice; or
(4) Commission of any other offense indicating a lack of business
integrity or business honesty that seriously and directly affects the
present responsibility of a person.
(b) Violation of the terms of a public agreement or transaction so
serious as to affect the integrity of an agency program, such as:
(1) A willful failure to perform in accordance with the terms of one
or more public agreements or transactions;
(2) A history of failure to perform or of unsatisfactory performance
of one or more public agreements or transactions; or
(3) A willful violation of a statutory or regulatory provision or
requirement applicable to a public agreement or transaction.
(c) Any of the following causes:
(1) A nonprocurement debarment by any Federal agency taken before
October 1, 1988, the effective date of these regulations, or a
procurement debarment by any Federal agency taken pursuant to 48 CFR
subpart 9.4;
(2) Knowingly doing business with a debarred, suspended, ineligible,
or voluntarily excluded person, in connection with a covered
transaction, except as permitted in 105-68.215 or 105-68.220;
(3) Failure to pay a single substantial debt, or a number of
outstanding debts (including disallowed costs and overpayments, but not
including sums owed the Federal Government under the Internal Revenue
Code) owed to any Federal agency or instrumentality, provided the debt
is uncontested by the debtor or, if contested, provided that the
debtor's legal and administrative remedies have been exhausted;
(4) Violation of a material provision of a voluntary exclusion
agreement entered into under 105-68.315 or of any settlement of a
debarment or suspension action; or
(5) Violation of any requirement of subpart 105-68.6 of this part,
relating to providing a drug-free workplace, as set forth in 105-68.615
of this part.
(d) Any other cause of so serious or compelling a nature that it
affects the present responsibility of a person.
(53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4950 and 4962,
Jan. 31, 1989; 56 FR 29438, June 27, 1991)
41 CFR 105-68.310 Procedures.
GSA shall process debarment actions as informally as practicable,
consistent with the principles of fundamental fairness, using the
procedures in 105-68.311 through 105-68.314 and 48 CFR subpart 509.4.
(53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June
27, 1991)
41 CFR 105-68.311 Investigation and referral.
Information concerning the existence of a cause for debarment from
any source shall be promptly reported, investigated, and referred, when
appropriate, to the debarring official for consideration. After
consideration, the debarring official may issue a notice of proposed
debarment.
41 CFR 105-68.312 Notice of proposed debarment.
A debarment proceeding shall be initiated by notice to the respondent
advising:
(a) That debarment is being considered;
(b) Of the reasons for the proposed debarment in terms sufficient to
put the respondent on notice of the conduct or transaction(s) upon which
it is based;
(c) Of the cause(s) relied upon under 105-68.305 for proposing
debarment;
(d) Of the provisions of 105-68.311 through 105-68.314, and any other
GSA procedures, if applicable, governing debarment decisionmaking; and
(e) Of the potential effect of a debarment.
41 CFR 105-68.313 Opportunity to contest proposed debarment.
(a) Submission in opposition. Within 30 days after receipt of the
notice of proposed debarment, the respondent may submit, in person, in
writing, or through a representative, information and argument in
opposition to the proposed debarment.
(b) Additional proceedings as to disputed material facts. (1) In
actions not based upon a conviction or civil judgment, if the debarring
official finds that the respondent's submission in opposition raises a
genuine dispute over facts material to the proposed debarment,
respondent(s) shall be afforded an opportunity to appear with a
representative, submit documentary evidence, present witnesses, and
confront any witness the agency presents.
(2) A transcribed record of any additional proceedings shall be made
available at cost to the respondent, upon request, unless the respondent
and the agency, by mutual agreement, waive the requirement for a
transcript.
41 CFR 105-68.314 Debarring official's decision.
(a) No additional proceedings necessary. In actions based upon a
conviction or civil judgment, or in which there is no genuine dispute
over material facts, the debarring official shall make a decision on the
basis of all the information in the administrative record, including any
submission made by the respondent. The decision shall be made within 45
days after receipt of any information and argument submitted by the
respondent, unless the debarring official extends this period for good
cause.
(b) Additional proceedings necessary. (1) In actions in which
additional proceedings are necessary to determine disputed material
facts, written findings of fact shall be prepared. The debarring
official shall base the decision on the facts as found, together with
any information and argument submitted by the respondent and any other
information in the administrative record.
(2) The debarring official may refer disputed material facts to
another official for findings of fact. The debarring official may
reject any such findings, in whole or in part, only after specifically
determining them to be arbitrary and capricious or clearly erroneous.
(3) The debarring official's decision shall be made after the
conclusion of the proceedings with respect to disputed facts.
(c) (1) Standard of proof. In any debarment action, the cause for
debarment must be established by a preponderance of the evidence. Where
the proposed debarment is based upon a conviction or civil judgment, the
standard shall be deemed to have been met.
(2) Burden of proof. The burden of proof is on the agency proposing
debarment.
(d) Notice of debarring official's decision. (1) If the debarring
official decides to impose debarment, the respondent shall be given
prompt notice:
(i) Referring to the notice of proposed debarment;
(ii) Specifying the reasons for debarment;
(iii) Stating the period of debarment, including effective dates;
and
(iv) Advising that the debarment is effective for covered
transactions throughout the executive branch of the Federal Government
unless an agency head or an authorized designee makes the determination
referred to in 105-68.215.
(2) If the debarring official decides not to impose debarment, the
respondent shall be given prompt notice of that decision. A decision
not to impose debarment shall be without prejudice to a subsequent
imposition of debarment by any other agency.
41 CFR 105-68.315 Settlement and voluntary exclusion.
(a) When in the best interest of the Government, GSA may, at any
time, settle a debarment or suspension action.
(b) If a participant and the agency agree to a voluntary exclusion of
the participant, such voluntary exclusion shall be entered on the
Nonprocurement List (see subpart 105-68.5).
(53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4962, Jan.
31, 1989)
41 CFR 105-68.320 Period of debarment.
(a) Debarment shall be for a period commensurate with the seriousness
of the cause(s). If a suspension precedes a debarment, the suspension
period shall be considered in determining the debarment period.
(1) Debarment for causes other than those related to a violation of
the requirements of subpart 105-68.6 of this part generally should not
exceed three years. Where circumstances warrant, a longer period of
debarment may be imposed.
(2) In the case of a debarment for a violation of the requirements of
subpart 105-68.6 of this part (see 105-68.305(c)(5)), the period of
debarment shall not exceed five years.
(b) The debarring official may extend an existing debarment for an
additional period, if that official determines that an extension is
necessary to protect the public interest. However, a debarment may not
be extended solely on the basis of the facts and circumstances upon
which the initial debarment action was based. If debarment for an
additional period is determined to be necessary, the procedures of
105-68.311 through 105-68.314 shall be followed to extend the
debarment.
(c) The respondent may request the debarring official to reverse the
debarment decision or to reduce the period or scope of debarment. Such a
request shall be in writing and supported by documentation. The
debarring official may grant such a request for reasons including, but
not limited to:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the
debarment was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed;
or
(5) Other reasons the debarring official deems appropriate.
(53 FR 19198, 19204, May 26, 1988, as amended at 54 FR 4950 and 4962,
Jan. 31, 1989; 56 FR 29438, June 27, 1991)
41 CFR 105-68.325 Scope of debarment.
(a) Scope in general. (1) Debarment of a person under these
regulations constitutes debarment of all its divisions and other
organizational elements from all covered transactions, unless the
debarment decision is limited by its terms to one or more specifically
identified individuals, divisions or other organizational elements or to
specific types of transactions.
(2) The debarment action may include any affiliate of the participant
that is specifically named and given notice of the proposed debarment
and an opportunity to respond (see 105-68.311 through 105-68.314).
(b) Imputing conduct. For purposes of determining the scope of
debarment, conduct may be imputed as follows:
(1) Conduct imputed to participant. The fraudulent, criminal or
other seriously improper conduct of any officer, director, shareholder,
partner, employee, or other individual associated with a participant may
be imputed to the participant when the conduct occurred in connection
with the individual's performance of duties for or on behalf of the
participant, or with the participant's knowledge, approval, or
acquiescence. The participant's acceptance of the benefits derived from
the conduct shall be evidence of such knowledge, approval, or
acquiescence.
(2) Conduct imputed to individuals associated with participant. The
fraudulent, criminal, or other seriously improper conduct of a
participant may be imputed to any officer, director, shareholder,
partner, employee, or other individual associated with the participant
who participated in, knew of, or had reason to know of the participant's
conduct.
(3) Conduct of one participant imputed to other participants in a
joint venture. The fraudulent, criminal, or other seriously improper
conduct of one participant in a joint venture, grant pursuant to a joint
application, or similar arrangement may be imputed to other participants
if the conduct occurred for or on behalf of the joint venture, grant
pursuant to a joint application, or similar arrangement or with the
knowledge, approval, or acquiescence of these participants. Acceptance
of the benefits derived from the conduct shall be evidence of such
knowledge, approval, or acquiescence.
(53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June
27, 1991)
41 CFR 105-68.325 Subpart 105-68.4 -- Suspension
41 CFR 105-68.400 General.
(a) The suspending official may suspend a person for any of the
causes in 105-68.405 using procedures established in 105-68.410 through
105-68.413.
(b) Suspension is a serious action to be imposed only when:
(1) There exists adequate evidence of one or more of the causes set
out in 105-68.405, and
(2) Immediate action is necessary to protect the public interest.
(c) In assessing the adequacy of the evidence, the agency should
consider how much information is available, how credible it is given the
circumstances, whether or not important allegations are corroborated,
and what inferences can reasonably be drawn as a result. This
assessment should include an examination of basic documents such as
grants, cooperative agreements, loan authorizations, and contracts.
41 CFR 105-68.405 Causes for suspension.
(a) Suspension may be imposed in accordance with the provisions of
105-68.400 through 105-68.413 upon adequate evidence:
(1) To suspect the commission of an offense listed in 105-68.305( a);
or
(2) That a cause for debarment under 105-68.305 may exist.
(b) Indictment shall constitute adequate evidence for purposes of
suspension actions.
41 CFR 105-68.410 Procedures.
(a) Investigation and referral. Information concerning the existence
of a cause for suspension from any source shall be promptly reported,
investigated, and referred, when appropriate, to the suspending official
for consideration. After consideration, the suspending official may
issue a notice of suspension.
(b) Decisionmaking process. GSA shall process suspension actions as
informally as practicable, consistent with principles of fundamental
fairness, using the procedures in 105-68.411 through 105-68.413 and 48
CFR subpart 509.4.
(53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June
27, 1991)
41 CFR 105-68.411 Notice of suspension.
When a respondent is suspended, notice shall immediately be given:
(a) That suspension has been imposed;
(b) That the suspension is based on an indictment, conviction, or
other adequate evidence that the respondent has committed irregularities
seriously reflecting on the propriety of further Federal Government
dealings with the respondent;
(c) Describing any such irregularities in terms sufficient to put the
respondent on notice without disclosing the Federal Government's
evidence;
(d) Of the cause(s) relied upon under 105-68.405 for imposing
suspension;
(e) That the suspension is for a temporary period pending the
completion of an investigation or ensuing legal, debarment, or Program
Fraud Civil Remedies Act proceedings;
(f) Of the provisions of 105-68.411 through 105-68.413 and any other
GSA procedures, if applicable, governing suspension decisionmaking; and
(g) Of the effect of the suspension.
41 CFR 105-68.412 Opportunity to contest suspension.
(a) Submission in opposition. Within 30 days after receipt of the
notice of suspension, the respondent may submit, in person, in writing,
or through a representative, information and argument in opposition to
the suspension.
(b) Additional proceedings as to disputed material facts. (1) If the
suspending official finds that the respondent's submission in opposition
raises a genuine dispute over facts material to the suspension,
respondent(s) shall be afforded an opportunity to appear with a
representative, submit documentary evidence, present witnesses, and
confront any witness the agency presents, unless:
(i) The action is based on an indictment, conviction or civil
judgment, or
(ii) A determination is made, on the basis of Department of Justice
advice, that the substantial interests of the Federal Government in
pending or contemplated legal proceedings based on the same facts as the
suspension would be prejudiced.
(2) A transcribed record of any additional proceedings shall be
prepared and made available at cost to the respondent, upon request,
unless the respondent and the agency, by mutual agreement, waive the
requirement for a transcript.
41 CFR 105-68.413 Suspending official's decision.
The suspending official may modify or terminate the suspension (for
example, see 105-68.320(c) for reasons for reducing the period or scope
of debarment) or may leave it in force. However, a decision to modify
or terminate the suspension shall be without prejudice to the subsequent
imposition of suspension by any other agency or debarment by any agency.
The decision shall be rendered in accordance with the following
provisions:
(a) No additional proceedings necessary. In actions: based on an
indictment, conviction, or civil judgment; in which there is no genuine
dispute over material facts; or in which additional proceedings to
determine disputed material facts have been denied on the basis of
Department of Justice advice, the suspending official shall make a
decision on the basis of all the information in the administrative
record, including any submission made by the respondent. The decision
shall be made within 45 days after receipt of any information and
argument submitted by the respondent, unless the suspending official
extends this period for good cause.
(b) Additional proceedings necessary. (1) In actions in which
additional proceedings are necessary to determine disputed material
facts, written findings of fact shall be prepared. The suspending
official shall base the decision on the facts as found, together with
any information and argument submitted by the respondent and any other
information in the administrative record.
(2) The suspending official may refer matters involving disputed
material facts to another official for findings of fact. The suspending
official may reject any such findings, in whole or in part, only after
specifically determining them to be arbitrary or capricious or clearly
erroneous.
(c) Notice of suspending official's decision. Prompt written notice
of the suspending official's decision shall be sent to the respondent.
41 CFR 105-68.415 Period of suspension.
(a) Suspension shall be for a temporary period pending the completion
of an investigation or ensuing legal, debarment, or Program Fraud Civil
Remedies Act proceedings, unless terminated sooner by the suspending
official or as provided in paragraph (b) of this section.
(b) If legal or administrative proceedings are not initiated within
12 months after the date of the suspension notice, the suspension shall
be terminated unless an Assistant Attorney General or United States
Attorney requests its extension in writing, in which case it may be
extended for an additional six months. In no event may a suspension
extend beyond 18 months, unless such proceedings have been initiated
within that period.
(c) The suspending official shall notify the Department of Justice of
an impending termination of a suspension, at least 30 days before the
12-month period expires, to give that Department an opportunity to
request an extension.
41 CFR 105-68.420 Scope of suspension.
The scope of a suspension is the same as the scope of a debarment
(see 105-68.325), except that the procedures of 105-68.410 through
105-68.413 shall be used in imposing a suspension.
41 CFR 105-68.420 Subpart 105-68.5 -- Responsibilities of GSA, Agency and Participants
41 CFR 105-68.500 GSA responsibilities (information dissemination).
(a) In accordance with the OMB guidelines, GSA shall compile,
maintain, and distribute a list of all persons who have been debarred,
suspended, or voluntarily excluded by agencies under Executive Order
12549 and these regulations, and those who have been determined to be
ineligible.
(b) At a minimum, this list shall indicate:
(1) The names and addresses of all debarred, suspended, ineligible,
and voluntarily excluded persons, in alphabetical order, with
cross-references when more than one name is involved in a single action;
(2) The type of action;
(3) The cause for the action;
(4) The scope of the action;
(5) Any termination date for each listing; and
(6) The agency and name and telephone number of the agency point of
contact for the action.
(53 FR 19198 and 19204, May 26, 1988, as amended at 53 FR 19198, May
26, 1988)
41 CFR 105-68.505 GSA responsibilities.
(a) The agency shall provide GSA with current information concerning
debarments, suspension, determinations of ineligibility, and voluntary
exclusions it has taken. Until February 18, 1989, the agency shall also
provide GSA and OMB with information concerning all transactions in
which GSA has granted exceptions under 105-68.215 permitting
participation by debarred, suspended, or voluntarily excluded persons.
(b) Unless an alternative schedule is agreed to by GSA, the agency
shall advise GSA of the information set forth in 105-68.500(b) and of
the exceptions granted under 105-68.215 within five working days after
taking such actions.
(c) The agency shall direct inquiries concerning listed persons to
the agency that took the action.
(d) Agency officials shall check the Nonprocurement List before
entering covered transactions to determine whether a participant in a
primary transaction is debarred, suspended, ineligible, or voluntarily
excluded (202) 501-0688.
(e) Agency officials shall check the Nonprocurement List before
approving principals or lower tier participants where agency approval of
the principal or lower tier participant is required under the terms of
the transaction, to determine whether such principals or participants
are debarred, suspended, ineligible, or voluntarily excluded.
(53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29439, June
27, 1991)
41 CFR 105-68.510 Participants' responsibilities.
(a) Certification by participants in primary covered transactions.
Each participant shall submit the certification in appendix A to this
part for it and its principals at the time the participant submits its
proposal in connection with a primary covered transaction, except that
States need only complete such certification as to their principals.
Participants may decide the method and frequency by which they determine
the eligibility of their principals. In addition, each participant may,
but is not required to, check the Nonprocurement List for its principals
(202) 501-0688. Adverse information on the certification will not
necessarily result in denial of participation. However, the
certification, and any additional information pertaining to the
certification submitted by the participant, shall be considered in the
administration of covered transactions.
(b) Certification by participants in lower tier covered transactions.
(1) Each participant shall require participants in lower tier covered
transactions to include the certification in appendix B to this part for
it and its principals in any proposal submitted in connection with such
lower tier covered transactions.
(2) A participant may rely upon the certification of a prospective
participant in a lower tier covered transaction that it and its
principals are not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction by any Federal agency, unless it
knows that the certification is erroneous. Participants may decide the
method and frequency by which they determine the eligiblity of their
principals. In addition, a participant may, but is not required to,
check the Nonprocurement List for its principals and for participants
(202) 501-0688.
(c) Changed circumstances regarding certification. A participant
shall provide immediate written notice to GSA if at any time the
participant learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
Participants in lower tier covered transactions shall provide the same
updated notice to the participant to which it submitted its proposals.
(53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29439, June
27, 1991)
41 CFR 105-68.510 Subpart 105-68.6 -- Drug-Free Workplace Requirements
(Grants)
Source: 55 FR 21688, 21701, May 25, 1990; 55 FR 26442, June 28,
1990, unless otherwise noted.
41 CFR 105-68.600 Purpose.
(a) The purpose of this subpart is to carry out the Drug-Free
Workplace Act of 1988 by requiring that --
(1) A grantee, other than an individual, shall certify to the agency
that it will provide a drug-free workplace;
(2) A grantee who is an individual shall certify to the agency that,
as a condition of the grant, he or she will not engage in the unlawful
manufacture, distribution, dispensing, possession or use of a controlled
substance in conducting any activity with the grant.
(b) Requirements implementing the Drug-Free Workplace Act of 1988 for
contractors with the agency are found at 48 CFR subparts 9.4, 23.5, and
52.2.
41 CFR 105-68.605 Definitions.
(a) Except as amended in this section, the definitions of 105-68.105
apply to this subpart.
(b) For purposes of this subpart --
(1) Controlled substance means a controlled substance in schedules I
through V of the Controlled Substances Act (21 U.S.C. 812), and as
further defined by regulation at 21 CFR 1308.11 through 1308.15;
(2) Conviction means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal
or State criminal drug statutes;
(3) Criminal drug statute means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, use, or
possession of any controlled substance;
(4) Drug-free workplace means a site for the performance of work done
in connection with a specific grant at which employees of the grantee
are prohibited from engaging in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance;
(5) Employee means the employee of a grantee directly engaged in the
performance of work under the grant, including:
(i) All direct charge employees;
(ii) All indirect charge employees, unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged in
the performance of work under the grant and who are on the grantee's
payroll.
This definition does not include workers not on the payroll of the
grantee (e.g., volunteers, even if used to meet a matching requirement;
consultants or independent contractors not on the payroll; or employees
of subrecipients or subcontractors in covered workplaces);
(6) Federal agency or agency means any United States executive
department, military department, government corporation, government
controlled corporation, any other establishment in the executive branch
(including the Executive Office of the President), or any independent
regulatory agency;
(7) Grant means an award of financial assistance, including a
cooperative agreement, in the form of money, or property in lieu of
money, by a Federal agency directly to a grantee. The term grant
includes block grant and entitlement grant programs, whether or not
exempted from coverage under the grants management government-wide
common rule on uniform administrative requirements for grants and
cooperative agreements. The term does not include technical assistance
that provides services instead of money, or other assistance in the form
of loans, loan guarantees, interest subsidies, insurance, or direct
appropriations; or any veterans' benefits to individuals, i.e., any
benefit to veterans, their families, or survivors by virtue of the
service of a veteran in the Armed Forces of the United States;
(8) Grantee means a person who applies for or receives a grant
directly from a Federal agency (except another Federal agency);
(9) Individual means a natural person;
(10) State means any of the States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, any territory or
possession of the United States, or any agency of a State, exclusive of
institutions of higher education, hospitals, and units of local
government. A State instrumentality will be considered part of the
State government if it has a written determination from a State
government that such State considers the instrumentality to be an agency
of the State government.
41 CFR 105-68.610 Coverage.
(a) This subpart applies to any grantee of the agency.
(b) This subpart applies to any grant, except where application of
this subpart would be inconsistent with the international obligations of
the United States or the laws or regulations of a foreign government. A
determination of such inconsistency may be made only by the agency head
or his/her designee.
(c) The provisions of subparts 105-68.1, 105-68.2, 105-68.3, 105-68.4
and 105-68.5 of this part apply to matters covered by this subpart,
except where specifically modified by this subpart. In the event of any
conflict between provisions of this subpart and other provisions of this
part, the provisions of this subpart are deemed to control with respect
to the implementation of drug-free workplace requirements concerning
grants.
(53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29438, June
27, 1991)
41 CFR 105-68.615 Grounds for suspension of payments, suspension or
termination of grants, or suspension or debarment.
A grantee shall be deemed in violation of the requirements of this
subpart if the agency head or his or her official designee determines,
in writing, that --
(a) The grantee has made a false certification under 105-68.630;
(b) With respect to a grantee other than an individual --
(1) The grantee has violated the certification by failing to carry
out the requirements of paragraphs (A)(a) through (g) and/or (B) of the
certification (Alternate I to Appendix C) or
(2) Such a number of employees of the grantee have been convicted of
violations of criminal drug statutes for violations occurring in the
workplace as to indicate that the grantee has failed to make a good
faith effort to provide a drug-free workplace.
(c) With respect to a grantee who is an individual --
(1) The grantee has violated the certification by failing to carry
out its requirements (Alternate II to Appendix C); or
(2) The grantee is convicted of a criminal drug offense resulting
from a violation occurring during the conduct of any grant activity.
41 CFR 105-68.620 Effect of violation.
(a) In the event of a violation of this subpart as provided in
105-68.615, and in accordance with applicable law, the grantee shall be
subject to one or more of the following actions:
(1) Suspension of payments under the grant;
(2) Suspension or termination of the grant; and
(3) Suspension or debarment of the grantee under the provisions of
this part.
(b) Upon issuance of any final decision under this part requiring
debarment of a grantee, the debarred grantee shall be ineligible for
award of any grant from any Federal agency for a period specified in the
decision, not to exceed five years (see 105-68.320(a)(2) of this part).
41 CFR 105-68.625 Exception provision.
The agency head may waive with respect to a particular grant, in
writing, a suspension of payments under a grant, suspension or
termination of a grant, or suspension or debarment of a grantee if the
agency head determines that such a waiver would be in the public
interest. This exception authority cannot be delegated to any other
official.
41 CFR 105-68.630 Certification requirements and procedures.
(a)(1) As a prior condition of being awarded a grant, each grantee
shall make the appropriate certification to the Federal agency providing
the grant, as provided in appendix C to this part.
(2) Grantees are not required to make a certification in order to
continue receiving funds under a grant awarded before March 18, 1989, or
under a no-cost time extension of such a grant. However, the grantee
shall make a one-time drug-free workplace certification for a
non-automatic continuation of such a grant made on or after March 18,
1989.
(b) Except as provided in this section, all grantees shall make the
required certification for each grant. For mandatory formula grants and
entitlements that have no application process, grantees shall submit a
one-time certification in order to continue receiving awards.
(c) A grantee that is a State may elect to make one certification in
each Federal fiscal year. States that previously submitted an annual
certification are not required to make a certification for Fiscal Year
1990 until June 30, 1990. Except as provided in paragraph (d) of this
section, this certification shall cover all grants to all State agencies
from any Federal agency. The State shall retain the original of this
statewide certification in its Governor's office and, prior to grant
award, shall ensure that a copy is submitted individually with respect
to each grant, unless the Federal agency has designated a central
location for submission.
(d)(1) The Governor of a State may exclude certain State agencies
from the statewide certification and authorize these agencies to submit
their own certifications to Federal agencies. The statewide
certification shall name any State agencies so excluded.
(2) A State agency to which the statewide certification does not
apply, or a State agency in a State that does not have a statewide
certification, may elect to make one certification in each Federal
fiscal year. State agencies that previously submitted a State agency
certification are not required to make a certification for Fiscal Year
1990 until June 30, 1990. The State agency shall retain the original of
this State agency-wide certification in its central office and, prior to
grant award, shall ensure that a copy is submitted individually with
respect to each grant, unless the Federal agency designates a central
location for submission.
(3) When the work of a grant is done by more than one State agency,
the certification of the State agency directly receiving the grant shall
be deemed to certify compliance for all workplaces, including those
located in other State agencies.
(e)(1) For a grant of less than 30 days performance duration,
grantees shall have this policy statement and program in place as soon
as possible, but in any case by a date prior to the date on which
performance is expected to be completed.
(2) For a grant of 30 days or more performance duration, grantees
shall have this policy statement and program in place within 30 days
after award.
(3) Where extraordinary circumstances warrant for a specific grant,
the grant officer may determine a different date on which the policy
statement and program shall be in place.
41 CFR 105-68.635 Reporting of and employee sanctions for convictions of
criminal drug offenses.
(a) When a grantee other than an individual is notified that an
employee has been convicted for a violation of a criminal drug statute
occurring in the workplace, it shall take the following actions:
(1) Within 10 calendar days of receiving notice of the conviction,
the grantee shall provide written notice, including the convicted
employee's position title, to every grant officer, or other designee on
whose grant activity the convicted employee was working, unless a
Federal agency has designated a central point for the receipt of such
notifications. Notification shall include the identification number(s)
for each of the Federal agency's affected grants.
(2) Within 30 calendar days of receiving notice of the conviction,
the grantee shall do the following with respect to the employee who was
convicted.
(i) Take appropriate personnel action against the employee, up to and
including termination, consistent with requirements of the
Rehabilitation Act of 1973, as amended; or
(ii) Require the employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency.
(b) A grantee who is an individual who is convicted for a violation
of a criminal drug statute occurring during the conduct of any grant
activity shall report the conviction, in writing, within 10 calendar
days, to his or her Federal agency grant officer, or other designee,
unless the Federal agency has designated a central point for the receipt
of such notices. Notification shall include the identification
number(s) for each of the Federal agency's affected grants.
(Approved by the Office of Management and Budget under control number
0991-0002)
41 CFR 105-68.635 Pt. 105-68, App. A
41 CFR 105-68.635 Appendices to Part 105-68
41 CFR 105-68.635 Appendix A -- Certification Regarding Debarment,
Suspension, and Other Responsibility Matters -- Primary Covered
Transactions
1. By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below.
2. The inability of a person to provide the certification required
below will not necessarily result in denial of participation in this
covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below.
The certification or explanation will be considered in connection with
the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such person
from participation in this transaction.
3. The certification in this clause is a material representation of
fact upon which reliance was placed when the department or agency
determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for
cause of default.
4. The prospective primary participant shall privide immediate
written notice to the department or agency to whom this proposal is
submitted if at any time the prospective primary participant learns that
its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
5. The terms ''covered transaction,'' ''debarred,'' ''suspended,''
''ineligible,'' ''lower tier covered transaction,'' ''participant,''
''person,'' ''primary covered transaction,'' ''principal,''
''proposal,'' and ''voluntarily excluded,'' as used in this clause, have
the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact the
department or agency to which this proposal is being submitted for
assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
7. The prospective primary participant further agrees by submitting
this proposal that it will include the clause titled ''Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
-- Lower Tier Covered Transaction,'' provided by the department or
agency entering into this covered transaction, without modification, in
all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
8. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurement
List (202) 501-0688.
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
10. Except for transactions authorized under paragraph 6 of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for
cause or default.
(1) The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State of local)
transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State or local)
terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
(53 FR 19198, 19204, May 26, 1988, as amended at 56 FR 29439, June
27, 1991)
41 CFR 105-68.635 Pt. 105-68, App. B
41 CFR 105-68.635 Appendix B -- Certification Regarding Debarment,
Suspension, Ineligibilty and Voluntary Exclusion -- Lower Tier Covered
Transactions
1. By signing and submitting this proposal, the prospective lower
tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was entered
into. If it is later determined that the prospective lower tier
participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at
any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
4. The terms ''covered transaction,'' ''debarred,'' ''suspended,''
''ineligible,'' ''lower tier covered transaction,'' ''participant,''
''person,'' ''primary covered transaction,'' ''principal,''
''proposal,'' and ''voluntarily excluded,'' as used in this clause, have
the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which
this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
''Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -- Lower Tier Covered Transaction,'' without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurement
List (Tel. ).
8. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of
business dealings.
9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or
debarment.
(1) The prospective lower tier participant certifies, by submission
of this proposal, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
41 CFR 105-68.635 Pt. 105-68, App. C
41 CFR 105-68.635 Appendix C to Part 105-68 -- Certification Regarding
Drug-Free Workplace Requirements
1. By signing and/or submitting this application or grant agreement,
the grantee is providing the certification set out below.
2. The certification set out below is a material representation of
fact upon which reliance is placed when the agency awards the grant. If
it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free
Workplace Act, the agency, in addition to any other remedies available
to the Federal Government, may take action authorized under the
Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies.
4. For grantees who are individuals, Alternate II applies.
5. Workplaces under grants, for grantees other than individuals, need
not be identified on the certification. If known, they may be
identified in the grant application. If the grantee does not identify
the workplaces at the time of application, or upon award, if there is no
application, the grantee must keep the identity of the workplace(s) on
file in its office and make the information available for Federal
inspection. Failure to identify all known workplaces constitutes a
violation of the grantee's drug-free workplace requirements.
6. Workplace identifications must include the actual address of
buildings (or parts of buildings) or other sites where work under the
grant takes place. Categorical descriptions may be used (e.g., all
vehicles of a mass transit authority or State highway department while
in operation, State employees in each local unemployment office,
performers in concert halls or radio studios).
7. If the workplace identified to the agency changes during the
performance of the grant, the grantee shall inform the agency of the
change(s), if it previously identified the workplaces in question (see
paragraph five).
8. Definitions of terms in the Nonprocurement Suspension and
Debarment common rule and Drug-Free Workplace common rule apply to this
certification. Grantees' attention is called, in particular, to the
following definitions from these rules:
Controlled substance means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal
or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal statute
involving the manufacture, distribution, dispensing, use, or possession
of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged in
the performance of work under the grant and who are on the grantee's
payroll. This definition does not include workers not on the payroll of
the grantee (e.g., volunteers, even if used to meet a matching
requirement; consultants or independent contractors not on the
grantee's payroll; or employees of subrecipients or subcontractors in
covered workplaces).
A. The grantee certifies that it will or will continue to provide a
drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform
employees about --
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a)
that, as a condition of employment under the grant, the employee will --
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no later
than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after
receiving notice under paragraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee
was working, unless the Federal agency has designated a central point
for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of
receiving notice under paragraph (d)(2), with respect to any employee
who is so convicted --
(1) Taking appropriate personnel action against such an employee, up
to and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e)
and (f).
B. The grantee may insert in the space provided below the site(s) for
the performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
-- -- --
Check if there are workplaces on file that are not identified here.
(a) The grantee certifies that, as a condition of the grant, he or
she will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in conducting
any activity with the grant;
(b) If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, he or she
will report the conviction, in writing, within 10 calendar days of the
conviction, to every grant officer or other designee, unless the Federal
agency designates a central point for the receipt of such notices. When
notice is made to such a central point, it shall include the
identification number(s) of each affected grant.
(55 FR 21690, 21701, May 25, 1990)
41 CFR 105-68.635 PART 105-69 -- NEW RESTRICTIONS ON LOBBYING
41 CFR 105-68.635 Subpart A -- General
Sec.
105-69.100 Conditions on use of funds.
105-69.105 Definitions.
105-69.110 Certification and disclosure.
41 CFR 105-68.635 Subpart B -- Activities by Own Employees
105-69.200 Agency and legislative liaison.
105-69.205 Professional and technical services.
105-69.210 Reporting.
41 CFR 105-68.635 Subpart C -- Activities by Other Than Own Employees
105-69.300 Professional and technical services.
41 CFR 105-68.635 Subpart D -- Penalties and Enforcement
105-69.400 Penalties.
105-69.405 Penalty procedures.
105-69.410 Enforcement.
41 CFR 105-68.635 Subpart E -- Exemptions
105-69.500 Secretary of Defense.
41 CFR 105-68.635 Subpart F -- Agency Reports
105-69.600 Semi-annual compilation.
105-69.605 Inspector General report.
Appendix A to Part 105-69 -- Certification Regarding Lobbying
Appendix B to Part 105-69 -- Disclosure Form to Report Lobbying
Authority: Sec. 319, Pub. L. 101-121 (31 U.S.C. 1352); 40 U.S.C.
486(c).
Source: 55 FR 6737 and 6753, Feb. 26, 1990, unless otherwise noted.
Cross reference: See also Office of Management and Budget notice
published at 54 FR 52306, December 20, 1989.
41 CFR 105-68.635 Subpart A -- General
41 CFR 105-69.100 Conditions on use of funds.
(a) No appropriated funds may be expended by the recipient of a
Federal contract, grant, loan, or cooperative ageement to pay any person
for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with any of the following
covered Federal actions: the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(b) Each person who requests or receives from an agency a Federal
contract, grant, loan, or cooperative agreement shall file with that
agency a certification, set forth in appendix A, that the person has not
made, and will not make, any payment prohibited by paragraph (a) of this
section.
(c) Each person who requests or receives from an agency a Federal
contract, grant, loan, or a cooperative agreement shall file with that
agency a disclosure form, set forth in appendix B, if such person has
made or has agreed to make any payment using nonappropriated funds (to
include profits from any covered Federal action), which would be
prohibited under paragraph (a) of this section if paid for with
appropriated funds.
(d) Each person who requests or receives from an agency a commitment
providing for the United States to insure or guarantee a loan shall file
with that agency a statement, set forth in appendix A, whether that
person has made or has agreed to make any payment to influence or
attempt to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with that loan insurance or guarantee.
(e) Each person who requests or receives from an agency a commitment
providing for the United States to insure or guarantee a loan shall file
with that agency a disclosure form, set forth in appendix B, if that
person has made or has agreed to make any payment to influence or
attempt to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with that loan insurance or guarantee.
41 CFR 105-69.105 Definitions.
For purposes of this part:
(a) Agency, as defined in 5 U.S.C. 552(f), includes Federal executive
departments and agencies as well as independent regulatory commissions
and Government corporations, as defined in 31 U.S.C. 9101( 1).
(b) Covered Federal action means any of the following Federal
actions:
(1) The awarding of any Federal contract;
(2) The making of any Federal grant;
(3) The making of any Federal loan;
(4) The entering into of any cooperative agreement; and,
(5) The extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
Covered Federal action does not include receiving from an agency a
commitment providing for the United States to insure or guarantee a
loan. Loan guarantees and loan insurance are addressed independently
within this part.
(c) Federal contract means an acquisition contract awarded by an
agency, including those subject to the Federal Acquisition Regulation
(FAR), and any other acquisition contract for real or personal property
or services not subject to the FAR.
(d) Federal cooperative agreement means a cooperative agreement
entered into by an agency.
(e) Federal grant means an award of financial assistance in the form
of money, or property in lieu of money, by the Federal Government or a
direct appropriation made by law to any person. The term does not
include technical assistance which provides services instead of money,
or other assistance in the form of revenue sharing, loans, loan
guarantees, loan insurance, interest subsidies, insurance, or direct
United States cash assistance to an individual.
(f) Federal loan means a loan made by an agency. The term does not
include loan guarantee or loan insurance.
(g) Indian tribe and tribal organization have the meaning provided in
section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450B). Alaskan Natives are included under the definitions of
Indian tribes in that Act.
(h) Influencing or attempting to influence means making, with the
intent to influence, any communication to or appearance before an
officer or employee or any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with any covered Federal action.
(i) Loan guarantee and loan insurance means an agency's guarantee or
insurance of a loan made by a person.
(j) Local government means a unit of government in a State and, if
chartered, established, or otherwise recognized by a State for the
performance of a governmental duty, including a local public authority,
a special district, an intrastate district, a council of governments, a
sponsor group representative organization, and any other instrumentality
of a local government.
(k) Officer or employee of an agency includes the following
individuals who are employed by an agency:
(1) An individual who is appointed to a position in the Government
under title 5, U.S. Code, including a position under a temporary
appointment;
(2) A member of the uniformed services as defined in section 101(3),
title 37, U.S. Code;
(3) A special Government employee as defined in section 202, title
18, U.S. Code; and,
(4) An individual who is a member of a Federal advisory committee, as
defined by the Federal Advisory Committee Act, title 5, U.S. Code
appendix 2.
(l) Person means an individual, corporation, company, association,
authority, firm, partnership, society, State, and local government,
regardless of whether such entity is operated for profit or not for
profit. This term excludes an Indian tribe, tribal organization, or any
other Indian organization with respect to expenditures specifically
permitted by other Federal law.
(m) Reasonable compensation means, with respect to a regularly
employed officer or employee of any person, compensation that is
consistent with the normal compensation for such officer or employee for
work that is not furnished to, not funded by, or not furnished in
cooperation with the Federal Government.
(n) Reasonable payment means, with respect to perfessional and other
technical services, a payment in an amount that is consistent with the
amount normally paid for such services in the private sector.
(o) Recipient includes all contractors, subcontractors at any tier,
and subgrantees at any tier of the recipient of funds received in
connection with a Federal contract, grant, loan, or cooperative
agreement. The term excludes an Indian tribe, tribal organization, or
any other Indian organization with respect to expenditures specifically
permitted by other Federal law.
(p) Regularly employed means, with respect to an officer or employee
of a person requesting or receiving a Federal contract, grant, loan, or
cooperative agreement or a commitment providing for the United States to
insure or guarantee a loan, an officer or employee who is employed by
such person for at least 130 working days within one year immediately
preceding the date of the submission that initiates agency consideration
of such person for receipt of such contract, grant, loan, cooperative
agreement, loan insurance commitment, or loan guarantee commitment. An
officer or employee who is employed by such person for less than 130
working days within one year immediately preceding the date of the
submission that initiates agency consideration of such person shall be
considered to be regularly employed as soon as he or she is employed by
such person for 130 working days.
(q) State means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, a territory or possession of
the United States, an agency or instrumentality of a State, and a
multi-State, regional, or interstate entity having governmental duties
and powers.
41 CFR 105-69.110 Certification and disclosure.
(a) Each person shall file a certification, and a disclosure form, if
required, with each submission that initiates agency consideration of
such person for:
(1) Award of a Federal contract, grant, or cooperative agreement
exceeding $100,000; or
(2) An award of a Federal loan or a commitment providing for the
United States to insure or guarantee a loan exceeding $150,000.
(b) Each person shall file a certification, and a disclosure form, if
required, upon receipt by such person of:
(1) A Federal contract, grant, or cooperative agreement exceeding
$100,000; or
(2) A Federal loan or a commitment providing for the United States to
insure or guarantee a loan exceeding $150,000,
unless such person previously filed a certification, and a disclosure
form, if required, under paragraph (a) of this section.
(c) Each person shall file a disclosure form at the end of each
calendar quarter in which there occurs any event that requires
disclosure or that materially affects the accuracy of the information
contained in any disclosure form previously filed by such person under
paragraph (a) or (b) of this section. An event that materially affects
the accuracy of the information reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or
expected to be paid for influencing or attempting to influence a covered
Federal action; or
(2) A change in the person(s) or individual(s) influencing or
attempting to influence a covered Federal action; or,
(3) A change in the officer(s), employee(s), or Member(s) contacted
to influence or attempt to influence a covered Federal action.
(d) Any person who requests or receives from a person referred to in
paragraph (a) or (b) of this section:
(1) A subcontract exceeding $100,000 at any tier under a Federal
contract;
(2) A subgrant, contract, or subcontract exceeding $100,000 at any
tier under a Federal grant;
(3) A contract or subcontract exceeding $100,000 at any tier under a
Federal loan exceeding $150,000; or,
(4) A contract or subcontract exceeding $100,000 at any tier under a
Federal cooperative agreement,
shall file a certification, and a disclosure form, if required, to
the next tier above.
(e) All disclosure forms, but not certifications, shall be forwarded
from tier to tier until received by the person referred to in paragraph
(a) or (b) of this section. That person shall forward all disclosure
forms to the agency.
(f) Any certification or disclosure form filed under paragraph (e) of
this section shall be treated as a material representation of fact upon
which all receiving tiers shall rely. All liability arising from an
erroneous representation shall be borne solely by the tier filing that
representation and shall not be shared by any tier to which the
erroneous representation is forwarded. Submitting an erroneous
certification or disclosure constitutes a failure to file the required
certification or disclosure, respectively. If a person fails to file a
required certification or disclosure, the United States may pursue all
available remedies, including those authorized by section 1352, title
31, U.S. Code.
(g) For awards and commitments in process prior to December 23, 1989,
but not made before that date, certifications shall be required at award
or commitment, covering activities occurring between December 23, 1989,
and the date of award or commitment. However, for awards and
commitments in process prior to the December 23, 1989 effective date of
these provisions, but not made before December 23, 1989, disclosure
forms shall not be required at time of award or commitment but shall be
filed within 30 days.
(h) No reporting is required for an activity paid for with
appropriated funds if that activity is allowable under either subpart B
or C.
41 CFR 105-69.110 Subpart B -- Activities by Own Employees
41 CFR 105-69.200 Agency and legislative liaison.
(a) The prohibition on the use of appropriated funds, in 105-69.100
(a), does not apply in the case of a payment of reasonable compensation
made to an officer or employee of a person requesting or receiving a
Federal contract, grant, loan, or cooperative agreement if the payment
is for agency and legislative liaison activities not directly related to
a covered Federal action.
(b) For purposes of paragraph (a) of this section, providing any
information specifically requested by an agency or Congress is allowable
at any time.
(c) For purposes of paragraph (a) of this section, the following
agency and legislative liaison activities are allowable at any time only
where they are not related to a specific solicitation for any covered
Federal action:
(1) Discussing with an agency (including individual demonstrations)
the qualities and characteristics of the person's products or services,
conditions or terms of sale, and service capabilities; and,
(2) Technical discussions and other activities regarding the
application or adaptation of the person's products or services for an
agency's use.
(d) For purposes of paragraph (a) of this section, the following
agencies and legislative liaison activities are allowable only where
they are prior to formal solicitation of any covered Federal action:
(1) Providing any information not specifically requested but
necessary for an agency to make an informed decision about initiation of
a covered Federal action;
(2) Technical discussions regarding the preparation of an unsolicited
proposal prior to its official submission; and,
(3) Capability presentations by persons seeking awards from an agency
pursuant to the provisions of the Small Business Act, as amended by
Public Law 95-507 and other subsequent amendments.
(e) Only those activities expressly authorized by this section are
allowable under this section.
41 CFR 105-69.205 Professional and technical services.
(a) The prohibition on the use of appropriated funds, in 105-69.100
(a), does not apply in the case of a payment of reasonable compensation
made to an officer or employee of a person requesting or receiving a
Federal contract, grant, loan, or cooperative agreement or an extension,
continuation, renewal, amendment, or modification of a Federal contract,
grant, loan, or cooperative agreement if payment is for professional or
technical services rendered directly in the preparation, submission, or
negotiation of any bid, proposal, or application for that Federal
contract, grant, loan, or cooperative agreement or for meeting
requirements imposed by or pursuant to law as a condition for receiving
that Federal contract, grant, loan, or cooperative agreement.
(b) For purposes of paragraph (a) of this section, ''professional and
technical services'' shall be limited to advice and analysis directly
applying any professional or technical discipline. For example,
drafting of a legal document accompanying a bid or proposal by a lawyer
is allowable. Similarly, technical advice provided by an engineer on
the performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person (such as
a licensed accountant) are not allowable under this section unless they
provide advice and analysis directly applying their professional or
technical expertise and unless the advice or analysis is rendered
directly and solely in the preparation, submission or negotiation of a
covered Federal action. Thus, for example, communications with the
intent to influence made by a lawyer that do not provide legal advice or
analysis directly and solely related to the legal aspects of his or her
client's proposal, but generally advocate one proposal over another are
not allowable under this section because the lawyer is not providing
professional legal services. Similarly, communications with the intent
to influence made by an engineer providing an engineering analysis prior
to the preparation or submission of a bid or proposal are not allowable
under this section since the engineer is providing technical services
but not directly in the preparation, submission or negotiation of a
covered Federal action.
(c) Requirements imposed by or pursuant to law as a condition for
receiving a covered Federal award include those required by law or
regulation, or reasonably expected to be required by law or regulation,
and any other requirements in the actual award documents.
(d) Only those services expressly authorized by this section are
allowable under this section.
41 CFR 105-69.210 Reporting.
No reporting is required with respect to payments of reasonable
compensation made to regularly employed officers or employees of a
person.
41 CFR 105-69.210 Subpart C -- Activities by Other Than Own Employees
41 CFR 105-69.300 Professional and technical services.
(a) The prohibition on the use of appropriated funds, in 105-69.100
(a), does not apply in the case of any reasonable payment to a person,
other than an officer or employee of a person requesting or receiving a
covered Federal action, if the payment is for professional or technical
services rendered directly in the preparation, submission, or
negotiation of any bid, proposal, or application for that Federal
contract, grant, loan, or cooperative agreement or for meeting
requirements imposed by or pursuant to law as a condition for receiving
that Federal contract, grant, loan, or cooperative agreement.
(b) The reporting requirements in 105-69.110 (a) and (b) regarding
filing a disclosure form by each person, if required, shall not apply
with respect to professional or technical services rendered directly in
the preparation, submission, or negotiation of any commitment providing
for the United States to insure or guarantee a loan.
(c) For purposes of paragraph (a) of this section, ''professional and
technical services'' shall be limited to advice and analysis directly
applying any professional or technical discipline. For example,
drafting or a legal document accompanying a bid or proposal by a lawyer
is allowable. Similarly, technical advice provided by an engineer on
the performance or operational capability of a piece of equipment
rendered directly in the negotiation of a contract is allowable.
However, communications with the intent to influence made by a
professional (such as a licensed lawyer) or a technical person (such as
a licensed accountant) are not allowable under this section unless they
provide advice and analysis directly applying their professional or
technical expertise and unless the advice or analysis is rendered
directly and solely in the preparation, submission or negotiation of a
covered Federal action. Thus, for example, communications with the
intent to influence made by a lawyer that do not provide legal advice or
analysis directly and solely related to the legal aspects of his or her
client's proposal, but generally advocate one proposal over another are
not allowable under this section because the lawyer is not providing
professional legal services. Similarly, communications with the intent
to influence made by an engineer providing an engineering analysis prior
to the preparation or submission of a bid or proposal are not allowable
under this section since the engineer is providing technical services
but not directly in the preparation, submission or negotiation of a
covered Federal action.
(d) Requirements imposed by or pursuant to law as a condition for
receiving a covered Federal award include those required by law or
regulation, or reasonably expected to be required by law or regulation,
and any other requirements in the actual award documents.
(e) Persons other than officers or employees of a person requesting
or receiving a covered Federal action include consultants and trade
associations.
(f) Only those services expressly authorized by this section are
allowable under this section.
41 CFR 105-69.300 Subpart D -- Penalties and Enforcement
41 CFR 105-69.400 Penalties.
(a) Any person who makes an expenditure prohibited herein shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such expenditure.
(b) Any person who fails to file or amend the disclosure form (see
appendix B) to be filed or amended if required herein, shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
(c) A filing or amended filing on or after the date on which an
administrative action for the imposition of a civil penalty is commenced
does not prevent the imposition of such civil penalty for a failure
occurring before that date. An administrative action is commenced with
respect to a failure when an investigating official determines in
writing to commence an investigation of an allegation of such failure.
(d) In determining whether to impose a civil penalty, and the amount
of any such penalty, by reason of a violation by any person, the agency
shall consider the nature, circumstances, extent, and gravity of the
violation, the effect on the ability of such person to continue in
business, any prior violations by such person, the degree of culpability
of such person, the ability of the person to pay the penalty, and such
other matters as may be appropriate.
(e) First offenders under paragraphs (a) or (b) of this section shall
be subject to a civil penalty of $10,000, absent aggravating
circumstances. Second and subsequent offenses by persons shall be
subject to an appropriate civil penalty between $10,000 and $100,000, as
determined by the agency head or his or her designee.
(f) An imposition of a civil penalty under this section does not
prevent the United States from seeking any other remedy that may apply
to the same conduct that is the basis for the imposition of such civil
penalty.
41 CFR 105-69.405 Penalty procedures.
Agencies shall impose and collect civil penalties pursuant to the
provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C.
sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and
3812, insofar as these provisions are not inconsistent with the
requirements herein.
41 CFR 105-69.410 Enforcement.
The head of each agency shall take such actions as are necessary to
ensure that the provisions herein are vigorously implemented and
enforced in that agency.
41 CFR 105-69.410 Subpart E -- Exemptions
41 CFR 105-69.500 Secretary of Defense.
(a) The Secretary of Defense may exempt, on a case-by-case basis, a
covered Federal action from the prohibition whenever the Secretary
determines, in writing, that such an exemption is in the national
interest. The Secretary shall transmit a copy of each such written
exemption to Congress immediately after making such a determination.
(b) The Department of Defense may issue supplemental regulations to
implement paragraph (a) of this section.
41 CFR 105-69.500 Subpart F -- Agency Reports
41 CFR 105-69.600 Semi-annual compilation.
(a) The head of each agency shall collect and compile the disclosure
reports (see appendix B) and, on May 31 and November 30 of each year,
submit to the Secretary of the Senate and the Clerk of the House of
Representatives a report containing a compilation of the information
contained in the disclosure reports received during the six-month period
ending on March 31 or September 30, respectively, of that year.
(b) The report, including the compilation, shall be available for
public inspection 30 days after receipt of the report by the Secretary
and the Clerk.
(c) Information that involves intelligence matters shall be reported
only to the Select Committee on Intelligence of the Senate, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Committees on Appropriations of the Senate and
the House of Representatives in accordance with procedures agreed to by
such committees. Such information shall not be available for public
inspection.
(d) Information that is classified under Executive Order 12356 or any
successor order shall be reported only to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives or the Committees on Armed Services of the
Senate and the House of Representatives (whichever such committees have
jurisdiction of matters involving such information) and to the
Committees on Appropriations of the Senate and the House of
Representatives in accordance with procedures agreed to by such
committees. Such information shall not be available for public
inspection.
(e) The first semi-annual compilation shall be submitted on May 31,
1990, and shall contain a compilation of the disclosure reports received
from December 23, 1989 to March 31, 1990.
(f) Major agencies, designated by the Office of Management and Budget
(OMB), are required to provide machine-readable compilations to the
Secretary of the Senate and the Clerk of the House of Representatives no
later than with the compilations due on May 31, 1991. OMB shall provide
detailed specifications in a memorandum to these agencies.
(g) Non-major agencies are requested to provide machine-readable
compilations to the Secretary of the Senate and the Clerk of the House
of Representatives.
(h) Agencies shall keep the originals of all disclosure reports in
the official files of the agency.
41 CFR 105-69.605 Inspector General report.
(a) The Inspector General, or other official as specified in
paragraph (b) of this section, of each agency shall prepare and submit
to Congress each year, commencing with submission of the President's
Budget in 1991, an evaluation of the compliance of that agency with, and
the effectiveness of, the requirements herein. The evaluation may
include any recommended changes that may be necessary to strengthen or
improve the requirements.
(b) In the case of an agency that does not have an Inspector General,
the agency official comparable to an Inspector General shall prepare and
submit the annual report, or, if there is no such comparable official,
the head of the agency shall prepare and submit the annual report.
(c) The annual report shall be submitted at the same time the agency
submits its annual budget justifications to Congress.
(d) The annual report shall include the following: All alleged
violations relating to the agency's covered Federal actions during the
year covered by the report, the actions taken by the head of the agency
in the year covered by the report with respect to those alleged
violations and alleged violations in previous years, and the amounts of
civil penalties imposed by the agency in the year covered by the report.
41 CFR 105-69.605 Pt. 105-69, App. A
41 CFR 105-69.605 Appendix A to Part 105-69 -- Certification Regarding
Lobbying
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by
or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
''Disclosure Form to Report Lobbying,'' in accordance with its
instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The undersigned states, to the best of his or her knowledge and
belief, that:
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the
undersigned shall complete and submit Standard Form-LLL, ''Disclosure
Form to Report Lobbying,'' in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required statement shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
41 CFR 105-69.605 Pt. 105-69, App. B
41 CFR 105-69.605 Appendix B to Part 105-69 -- Disclosure Form to Report
Lobbying
insert illustration 532
insert illustration 533
insert illustration 534
41 CFR 105-69.605 PART 105-70 -- IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
41 CFR 105-69.605 Part 105-70
Sec.
105-70.000 Scope.
105-70.001 Basis.
105-70.002 Definitions.
105-70.003 Basis for civil penalties and assessments.
105-70.004 Investigation.
105-70.005 Review by reviewing official.
105-70.006 Prerequisites for issuing a complaint.
105-70.007 Complaint.
105-70.008 Service of complaint.
105-70.009 Answer.
105-70.010 Default upon failure to file an answer.
105-70.011 Referral of complaint and answer to the ALJ.
105-70.012 Notice of hearing.
105-70.013 Parties to the hearing.
105-70.014 Separation of functions.
105-70.015 Ex parte contacts.
105-70.016 Disqualification of reviewing official or ALJ.
105-70.017 Rights of parties.
105-70.018 Authority of the ALJ.
105-70.019 Prehearing conferences.
105-70.020 Disclosure of documents.
105-70.021 Discovery.
105-70.022 Exchange of witness lists, statements, and exhibits.
105-70.023 Subpoena for attendance at hearing.
105-70.024 Protective order.
105-70.025 Fees.
105-70.026 Form, filing and service of papers.
105-70.027 Computation of time.
105-70.028 Motions.
105-70.029 Sanctions.
105-70.030 The hearing and burden of proof.
105-70.031 Determining the amount of penalties and assessments.
105-70.032 Location of hearing.
105-70.033 Witnesses.
105-70.034 Evidence.
105-70.035 The record.
105-70.036 Post-hearing briefs.
105-70.037 Initial decision.
105-70.038 Reconsideration of initial decision.
105-70.039 Appeal to Authority Head.
105-70.040 Stays ordered by the Department of Justice.
105-70.041 Stay pending appeal.
105-70.042 Judicial review.
105-70.043 Collection of civil penalties and assessments.
105-70.044 Right to administrative offset.
105-70.045 Deposit in Treasury of United States.
105-70.046 Compromise or settlement.
105-70.047 Limitations.
Authority: 40 U.S.C. 486(c); 31 U.S.C. 3809.
Source: 52 FR 45188, Nov. 25, 1987, unless otherwise noted.
41 CFR 105-70.000 Scope.
This part (a) establishes administrative procedures for imposing
civil penalties and assessments against persons who make, submit, or
present, or cause to be made, submitted, or presented, false,
fictitious, or fraudulent claims or written statements to authorities or
to their agents, and (b) specifies the hearing and appeal rights of
persons subject to allegations of liability for such penalties and
assessments.
41 CFR 105-70.001 Basis.
This part implements the Program Fraud Civil Remedies Act of 1986,
Pub. L. No. 99-509, 6101-6104, 100 Stat. 1874 (October 21, 1986), to
be codified at 31 U.S.C. 3801-3812. 31 U.S.C. 3809 of the statute
requires each authority head to promulgate regulations necessary to
implement the provisions of the statute.
41 CFR 105-70.002 Definitions.
The following shall have the meanings ascribed to them below unless
the context clearly indicates otherwise:
(a) ALJ means an Administrative Law Judge in the Authority appointed
pursuant to 5 U.S.C. 3105 or detailed to the Authority pursuant to 5 U.
S.C. 3344.
(b) Authority means the General Services Administration.
(c) Authority Head means the Administrator or Deputy Administrator of
General Services.
(d) Benefit means, in the context of statements, anything of value,
including but not limited to any advantage, preference, privilege,
license, permit, favorable decision, ruling, status, or loan guarantee.
(e) Claim means any request, demand or submission --
(1) Made to the Authority for property, services, or money (including
money representing grants, loans, insurance, or benefits);
(2) Made to a recipient of property, services, or money from the
Authority or to a party to a contract with the Authority --
(i) For property or services if the United States --
(A) Provided such property or services;
(B) Provided any portion of the funds for the purchase of such
property or services; or
(C) Will reimburse such recipient or party for the purchase of such
property or services; or
(ii) For the payment of money (including money representing grants,
loans, insurance, or benefits) if the United States --
(A) Provided any portion of the money requested or demanded, or
(B) Will reimburse such recipient or party for any portion of the
money paid on such request of demand; or
(3) Made to the Authority which has the effect of decreasing an
obligation to pay or account for property, services, or money.
(f) Complaint means the administrative complaint served by the
reviewing official on the defendant under 105-70.007.
(g) Defendant means any person alleged in a complaint under
105-70.007 to be liable for a civil penalty or assessment under
105-70.003.
(h) Individual means a natural person.
(i) Initial Decision means the written decision of the ALJ required
by 105-70.010 or 105-70.037, and includes a revised initial decision
issued following a remand or a motion for reconsideration.
(j) Investigating Official means the Inspector General of the General
Services Administration or an officer or employee of the Office of the
Inspector General designated by the Inspector General and serving in a
position for which the rate of basic pay is not less than the minimum
rate of basic pay for grade GS-16 under the General Schedule.
(k) Knows or has reason to know means that a person, with respect to
a claim or statement --
(1) Has actual knowledge that the claim or statement is false,
fictitious, or fraudulent;
(2) Acts in deliberate ignorance of the truth or falsity of the claim
or statement; or
(3) Acts in reckless disregard of the truth or falsity of the claim
or statement.
(l) Makes, wherever it appears, shall include the terms presents,
submits, and causes to be made, presented, or submitted. As the context
requires, ''making'' or ''made'', shall likewise include the
corresponding forms of such terms.
(m) Person means any individual, partnership, corporation,
association, or private organization.
(n) Representative means an attorney who is a member in good standing
of the bar of any State, Territory, or possession of the United States
or of the District of Columbia or the Commonwealth of Puerto Rico. (An
individual may appear pro se; a corporate officer or an owner may
represent a business entity.)
(o) Reviewing Official means the General Counsel of the General
Services Administration or his designee who is --
(1) Not subject to supervision by, or required to report to, the
investigating official; and
(2) Not employed in the organizational unit of the authority in which
the investigating official is employed; and
(3) Serving in a position for which the rate of basic pay is not less
than the minimum rate of basic pay for grade GS-16 under the General
Schedule.
(p) Statement means any representation, certification, affirmation,
document, record, or accounting or bookkeeping entry made --
(1) With respect to a claim or to obtain the approval or payment of a
claim (including relating to eligibility to make a claim); or
(2) With respect to (including relating to eligibility for) --
(i) A contract with, or a bid or proposal for a contract with; or
(ii) A grant, loan, or benefit from, the Authority, or any State,
political subdivision of a State, or other party, if the United States
Government provides any portion of the money or property under such
contract or for such grant, loan, or benefit, or if the Government will
reimburse such State, political subdivision, or party for any portion of
the money or property under such contract or for such grant, loan, or
benefit.
41 CFR 105-70.003 Basis for civil penalties and assessments.
(a) Claims. (1) Any person who makes a claim that the person knows
or has reason to know --
(i) Is false, fictitious, or fraudulent;
(ii) Includes or is supported by any written statement which asserts
a material fact which is false, fictitious, or fraudulent;
(iii) Includes or is supported by any written statement that --
(A) Omits a material fact;
(B) Is false, fictitious, or fraudulent as a result of such omission;
and
(C) Is a statement in which the person making such statement has a
duty to include such material fact; or
(iv) Is for payment for the provision of property or services which
the person has not provided as claimed,
shall be subject, in addition to any other remedy that may be
prescribed by law, to a civil penalty of not more than $5,000 for each
such claim.
(2) Each voucher, invoice, claim form, or other individual request or
demand for property, services, or money constitutes a separate claim.
(3) A claim shall be considered made to the Authority, recipient, or
party when such claim is actually made to an agent, fiscal intermediary,
or other entity, including any State or political subdivision thereof,
acting for or on behalf of the Authority, recipient, or party.
(4) Each claim for property, services, or money is subject to a civil
penalty regardless of whether such property, services, or money is
actually delivered or paid.
(5) If the Government has made any payment (including transferred
property or provided services) on a claim, a person subject to a civil
penalty under paragraph (a)(1) of this section shall also be subject to
an assessment of not more than twice the amount of such claim or that
portion thereof that is determined to be in violation of paragraph (a)(
1) of this section. Such assessment shall be in lieu of damages
sustained by the Government because of such claim.
(b) Statements. (1) Any person who makes a written statement that --
(i) The person knows or has reason to know --
(A) Asserts a material fact which is false, fictitious, or
fraudulent; or
(B) Is false, fictitious, or fraudulent because it omits a material
fact that the person making the statement has a duty to include in such
statement; and
(ii) Contains or is accompanied by an express certification or
affirmation of the truthfulness and accuracy of the contents of the
statement,
shall be subject, in addition to any other remedy that may be
prescribed by law, to a civil penalty of not more than $5,000 for each
such statement.
(2) Each written representation, certification, or affirmation
constitutes a separate statement.
(3) A statement shall be considered made to the Authority when such
statement is actually made to an agent, fiscal intermediary, or other
entity, including any State or political subdivision thereof, acting for
or on behalf of the Authority.
(c) No proof of specific intent to defraud is required to establish
liability under this section.
(d) In any case in which it is determined that more than one person
is liable for making a claim or statement under this section, each such
person may be held liable for a civil penalty under this section.
(e) In any case in which it is determined that more than one person
is liable for making a claim under this section on which the Government
has made payment (including transferred property or provided services),
an assessment may be imposed against any such person or jointly and
severally against any combination of such persons.
41 CFR 105-70.004 Investigation.
(a) If an investigating official concludes that a subpoena pursuant
to the authority conferred by 31 U.S.C. 3804(a) is warranted --
(1) The subpoena so issued shall notify the person to whom it is
addressed of the authority under which the subpoena is issued and shall
identify the records or documents sought;
(2) The investigating official may designate a person to act on his
or her behalf to receive the documents sought; and
(3) The person receiving such subpoena shall be required to tender to
the investigating official or the person designated to receive the
documents a certification that the documents sought have been produced,
or that such documents are not available and the reasons therefor, or
that such documents, suitably identified, have been withheld based upon
the assertion of an identified privilege, or any combination of the
foregoing.
(b) If the investigating official concludes that an action under the
Program Fraud Civil Remedies Act may be warranted, the investigating
official shall submit a report containing the findings and conclusions
of such investigation to the reviewing official.
(c) Nothing in this section shall preclude or limit an investigating
official's discretion to refer allegations directly to the Department of
Justice for suit under the False Claims Act or other civil relief, or to
defer or postpone a report or referral to the reviewing official to
avoid interference with a criminal investigation or prosecution.
(d) Nothing in this section modifies any responsibility of an
investigating official to report violations of criminal law to the
Attorney General.
41 CFR 105-70.005 Review by the reviewing official.
(a) If, based on the report of the investigating official under
105-70.004(b), the reviewing official determines that there is adequate
evidence to believe that a person is liable under 105-70.003 of this
part, the reviewing official shall transmit to the Attorney General a
written notice of the reviewing official's intention to issue a
complaint under 105-70.007.
(b) Such notice shall include --
(1) A statement of the reviewing official's reasons for issuing a
complaint;
(2) A statement specifying the evidence that supports the allegations
of liability;
(3) A description of the claims or statements upon which the
allegations of liability are based;
(4) An estimate of the amount of money or the value of property,
services, or other benefits requested or demanded in violation of
105-70.003 of this part;
(5) A statement of any exculpatory or mitigating circumstances that
may relate to the claims or statements known by the reviewing official
or the investigating official; and
(6) A statement that there is a reasonable prospect of collecting an
appropriate amount of penalties and assessments.
41 CFR 105-70.006 Prerequisites for issuing a complaint.
(a) The reviewing official may issue a complaint under 105-70.007
only if --
(1) The Department of Justice approves the issuance of a complaint in
a written statement described in 31 U.S.C. 3803(b)(1), and
(2) In the case of allegations of liability under 105-70.003(a) with
respect to a claim, the reviewing official determines that, with respect
to such claim or a group of related claims submitted at the same time
such claim is submitted (as defined in paragraph (b) of this section),
the amount of money or the value of property or services demanded or
requested in violation of 105-70.003(a) does not exceed $150,000.
(b) For the purposes of this section, a related group of claims
submitted at the same time shall include only those claims arising from
the same transaction (e.g., grant, loan, application, or contract) that
are submitted simultaneously as part of a single request, demand, or
submission.
(c) Nothing in this section shall be construed to limit the reviewing
official's authority to join in a single complaint against a person
claims that are unrelated or were not submitted simultaneously,
regardless of the amount of money or the value of property or services
demanded or requested.
41 CFR 105-70.007 Complaint.
(a) On or after the date the Department of Justice approves the
issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the
reviewing official may serve a complaint on the defendant, as provided
in 105-70.008.
(b) The complaint shall state --
(1) The allegations of liability against the defendant, including the
statutory basis for liability, an identification of the claims or
statements that are the basis for the alleged liability, and the reasons
why liability allegedly arises from such claims or statements;
(2) The maximum amount of penalties and assessments for which the
defendant may be held liable;
(3) Instructions for filing an answer including a specific statement
of the defendant's right to request a hearing by filing an answer and to
be represented by a representative; and
(4) That failure to file an answer within 30 days of service of the
complaint will result in the imposition of the maximum amount of
penalties and assessments without right to appeal, as provided in
105-70.010.
(c) At the same time the reviewing official serves the complaint, he
or she shall serve the defendant with a copy of these regulations.
41 CFR 105-70.008 Service of complaint.
(a) Service of a complaint must be made by certified or registered
mail or by delivery in any manner authorized by Rule 4(d) of the Federal
Rules of Civil Procedure. Service is complete upon receipt.
(b) Proof of service, stating the name and address of the person on
whom the complaint was served, and the manner and date of service, may
be made by --
(1) Affidavit of the individual serving the complaint by delivery;
(2) A United States Postal Service return receipt card acknowledging
receipt; or
(3) Written acknowledgment of receipt by the defendant or his
representative.
41 CFR 105-70.009 Answer.
(a) The defendant may request a hearing by filing an answer with the
reviewing official within 30 days of service of the complaint. An
answer shall be deemed to be a request for hearing.
(b) In the answer, the defendant --
(1) Shall admit or deny each of the allegations of liability made in
the complaint;
(2) Shall state any defense on which the defendant intends to rely;
(3) May state any reasons why the defendant contends that the
penalties and assessments should be less than the statutory maximum;
and
(4) Shall state the name, address, and telephone number of the person
authorized by the defendant to act as defendant's representative, if
any.
(c) If the defendant is unable to file an answer meeting the
requirements of paragraph (b) of this section within the time provided,
the defendant may, before the expiration of 30 days from service of the
complaint, file with the reviewing official a general answer denying
liability and requesting a hearing, and a request for an extension of
time within which to file an answer meeting the requirements of
paragraph (b) of this section. The reviewing official shall file
promptly with the ALJ the complaint, the general answer denying
liability, and the request for an extension of time as provided in
105-70.011. For good cause shown, the ALJ may grant the defendant up to
30 additional days within which to file an answer meeting the
requirements of paragraph (b) of this section.
41 CFR 105-70.010 Default upon failure to file an answer.
(a) If the defendant does not file an answer within the time
prescribed in 105-70.009(a), the reviewing official may refer the
complaint to the ALJ.
(b) Upon the referral of the complaint, the ALJ shall promptly serve
on the defendant in the manner prescribed in 105-70.008, a notice that
an initial decision will be issued under this section.
(c) The ALJ shall assume the facts alleged in the complaint to be
true, and, if such facts establish liability under 105-70.003, the ALJ
shall issue an initial decision imposing the maximum amount of penalties
and assessments allowed under the statute.
(d) Except as otherwise provided in this section, by failing to file
a timely answer, the defendant waives any right to further review of the
penalties and assessments imposed under paragraph (c) of this section,
and the initial decision shall become final and binding upon the parties
30 days after it is issued.
(e) If, before such an initial decision becomes final, the defendant
files a motion with the ALJ seeking to reopen on the grounds that
extraordinary circumstances prevented the defendant from filing an
answer, the initial decision shall be stayed pending the ALJ's decision
on the motion.
(f) If, on such motion, the defendant can demonstrate extraordinary
circumstances excusing the failure to file a timely answer, the ALJ
shall withdraw the initial decision in paragraph (c) of this section, if
such a decision has been issued, and shall grant the defendant an
opportunity to answer the complaint.
(g) A decision of the ALJ denying a defendant's motion under
paragraph (e) of this section is not subject to reconsideration under
105-70.038.
(h) The defendant may appeal to the Authority Head the decision
denying a motion to reopen by filing a notice of appeal with the
Authority Head within 15 days after the ALJ denies the motion. The
timely filing of a notice of appeal shall stay the initial decision
until the Authority Head decides the issue.
(i) If the defendant files a timely notice of appeal with the
Authority Head, the ALJ shall forward the record of the proceeding to
the Authority Head.
(j) The Authority Head shall decide expeditiously whether
extraordinary circumstances excuse the defendant's failure to file a
timely answer based solely on the record before the ALJ.
(k) If the Authority Head decides that extraordinary circumstances
excused the defendant's failure to file a timely answer, the Authority
Head shall remand the case to the ALJ with instructions to grant the
defendant an opportunity to answer.
(l) If the Authority Head decides that the defendant's failure to
file a timely answer is not excused, the Authority Head shall reinstate
the initial decision of the ALJ, which shall become final and binding
upon the parties 30 days after the Authority Head issues such decision.
41 CFR 105-70.011 Referral of complaint and answer to the ALJ.
Upon receipt of an answer, the reviewing official shall file the
complaint and answer with the ALJ.
41 CFR 105-70.012 Notice of hearing.
(a) When the ALJ receives the complaint and answer, the ALJ shall
promptly serve a notice of hearing upon the defendant in the manner
prescribed by 105-70.008. At the same time, the ALJ shall send a copy of
such notice to the representative for the Government.
(b) Such notice shall include --
(1) The tentative time and place, and the nature of the hearing;
(2) The legal authority and jurisdiction under which the hearing is
to be held;
(3) The matters of fact and law to be asserted;
(4) A description of the procedures for the conduct of the hearing;
(5) The name, address, and telephone number of the representative of
the Government and of the defendant, if any; and
(6) Such other matters as the ALJ deems appropriate.
41 CFR 105-70.013 Parties to the hearing.
(a) The parties to the hearing shall be the defendant and the
Authority.
(b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the
False Claims Act may participate in these proceedings to the extent
authorized by the provisions of that Act.
41 CFR 105-70.014 Separation of functions.
(a) The investigating official, the reviewing official, and any
employee or agent of the Authority who takes part in investigating,
preparing, or presenting a particular case may not, in such case or a
factually related case --
(1) Participate in the hearing as the ALJ;
(2) Participate or advise in the initial decision or the review of
the initial decision by the Authority Head, except as a witness or a
representative in public proceedings; or
(3) Make the collection of penalties and assessments under 31 U.S.C.
3806.
(b) The ALJ shall not be responsible to, or subject to the
supervision or direction of the investigating official or the reviewing
official.
(c) Except as provided in paragraph (a) of this section, the
representative for the Government may be employed anywhere in the
Authority, including in the offices of either the investigating official
or the reviewing official.
41 CFR 105-70.015 Ex parte contacts.
No party or person (except employees of the ALJ's office) shall
communicate in any way with the ALJ on any matter at issue in a case,
unless on notice and opportunity for all parties to participate. This
provision does not prohibit a person or party from inquiring about the
status of a case or asking routine questions concerning administrative
functions or procedures.
41 CFR 105-70.016 Disqualification of reviewing official or ALJ.
(a) A reviewing official or ALJ in a particular case may disqualify
himself or herself at any time.
(b) A party may file with the ALJ a motion for disqualification of a
reviewing official or an ALJ. Such motion shall be accompanied by an
affidavit alleging personal bias or other reason for disqualification.
(c) Such motion and affidavit shall be filed promptly upon the
party's discovery of reasons requiring disqualification, or such
objections shall be deemed waived.
(d) Such affidavit shall state specific facts that support the
party's belief that personal bias or other reason for disqualification
exists and the time and circumstances of the party's discovery of such
facts. It shall be accompanied by a certificate of the representative
of record that it is made in good faith.
(e) Upon the filing of such a motion and affidavit, the ALJ shall
proceed not further in the case until he or she resolves the matter of
disqualification in accordance with paragraph (f) of this section.
(f)(1) If the ALJ determines that a reviewing official is
disqualified, the ALJ shall dismiss the complaint without prejudice.
(2) If the ALJ disqualifies himself or herself, the case shall be
reassigned promptly to another ALJ.
(3) If the ALJ denies a motion to disqualify, the authority head may
determine the matter only as part of his or her review of the initial
decision upon appeal, if any.
41 CFR 105-70.017 Rights of parties.
Except as otherwise limited by this part, all parties may --
(a) Be accompanied, represented, and advised by a representative;
(b) Participate in any conference held by the ALJ;
(c) Conduct discovery;
(d) Agree to stipulations of fact or law, which shall be made part of
the record;
(e) Present evidence relevant to the issues at the hearing;
(f) Present and cross-examine witnesses;
(g) Present oral argument at the hearing as permitted by the ALJ;
and
(h) Submit written briefs and proposed findings of fact and
conclusions of law after the hearing.
41 CFR 105-70.018 Authority of the ALJ.
(a) The ALJ shall conduct a fair and impartial hearing, avoid delay,
maintain order, and assure that a record of the proceeding is made.
(b) The ALJ has the authority to --
(1) Set and change the date, time, and place of the hearing upon
reasonable notice to the parties;
(2) Continue or recess the hearing in whole or in part for a
reasonable period of time;
(3) Hold conferences to identify or simplify the issues, or to
consider other matters that may aid in the expeditious disposition of
the proceeding;
(4) Administer oaths and affirmations;
(5) Issue subpoenas requiring the attendance of witnesses and the
production of documents at depositions or at hearings;
(6) Rule on motions and other procedural matters;
(7) Regulate the scope and timing of discovery;
(8) Regulate the course of the hearing and the conduct of
representatives and parties;
(9) Examine witnesses;
(10) Receive, rule on, exclude, or limit evidence;
(11) Upon motion of a party, take official notice of facts;
(12) Upon motion of a party, decide cases, in whole or in part, by
summary judgment where there is no disputed issue of material fact;
(13) Conduct any conference, argument, or hearing on motions in
person or by telephone; and
(14) Exercise such other authority as is necessary to carry out the
responsibility of the ALJ under this part.
(c) The ALJ does not have the authority to find Federal statutes or
regulations invalid.
41 CFR 105-70.019 Prehearing conferences.
(a) The ALJ may schedule prehearing conferences as appropriate.
(b) Upon the motion of any party, the ALJ shall schedule at least one
prehearing conference at a reasonable time in advance of the hearing.
(c) The ALJ may use prehearing conferences to discuss the following:
(1) Simplification of the issues;
(2) The necessity or desirability of amendments to the pleadings,
including the need for a more definite statement;
(3) Stipulations and admissions of fact or as to the contents and
authenticity of documents;
(4) Whether the parties can agree to submission of the case on a
stipulated record;
(5) Whether a party chooses to waive appearance at an oral hearing
and to submit only documentary evidence (subject to the objection of
other parties) and written argument;
(6) Limitation of the number of witnesses;
(7) Scheduling dates for the exchange of witness lists and of
proposed exhibits;
(8) Discovery;
(9) The time and place for the hearing; and
(10) Such other matters as may tend to expedite the fair and just
disposition of the proceedings.
(d) The ALJ may issue an order containing all matters agreed upon by
the parties or ordered by the ALJ at a prehearing conference.
41 CFR 105-70.020 Disclosure of documents.
(a) Upon written request to the reviewing official, the defendant may
review any relevant and material documents, transcripts, records, and
other materials that relate to the allegations set out in the complaint
and upon which the findings and conclusions of the investigating
official under 105-70.004(b) are based, unless such documents are
subject to a privilege under Federal law. Upon payment of fees for
duplication, the defendant may obtain copies of such documents.
(b) Upon written request to the reviewing official, the defendant
also may obtain a copy of all exculpatory information in the possession
of the reviewing official or investigating official relating to the
allegations in the complaint, even if it is contained in a document that
would otherwise be privileged. If the document would otherwise be
privileged, only that portion containing exculpatory information must be
disclosed.
(c) The notice sent to the Attorney General from the reviewing
official as described in 105-70.005 is not discoverable under any
circumstances.
(d) The defendant may file a motion to compel disclosure of the
documents subject to the provisions of this section. Such a motion may
only be filed with the ALJ following the filing of an answer pursuant to
105-70.009.
41 CFR 105-70.021 Discovery.
(a) The following types of discovery are authorized:
(1) Requests for production of documents for inspection and copying;
(2) Requests for admissions of the authenticity of any relevant
document or of the truth of any relevant fact;
(3) Written interrogatories; and
(4) Depositions.
(b) For the purpose of this section and 105-70.022 and 105-70.023,
the term ''documents'' includes information, documents, reports,
answers, records, accounts, papers, and other data and documentary
evidence. Nothing contained herein shall be interpreted to require the
creation of a document.
(c) Unless mutually agreed to by the parties, discovery is available
only as ordered by the ALJ. The ALJ shall regulate the timing of
discovery.
(d) Motions for discovery.
(1) A party seeking discovery may file a motion with the ALJ. Such a
motion shall be accompanied by a copy of the requested discovery, or in
the case of depositions, a summary of the scope of the proposed
deposition.
(2) Within ten days of service, a party may file an opposition to the
motion and/or a motion for protective order as provided in 105-70.024.
(3) The ALJ may grant a motion for discovery only if he finds that
the discovery sought --
(i) Is necessary for the expeditious, fair, and reasonable
consideration of the issues;
(ii) Is not unduly costly or burdensome;
(iii) Will not unduly delay the proceeding; and
(iv) Does not seek privileged information.
(4) The burden of showing that discovery should be allowed is on the
party seeking discovery;
(5) The ALJ may grant discovery subject to a protective order under
105-70.024.
(e) Depositions.
(1) If a motion for deposition is granted, the ALJ shall issue a
subpoena for the deponent, which may require the deponent to produce
documents. The subpoena shall specify the time and place at which the
deposition will be held.
(2) The party seeking to depose shall serve the subpoena in the
manner prescribed in 105-70.008.
(3) The deponent may file with the ALJ a motion to quash the subpoena
or a motion for a protective order within ten days of service.
(4) The party seeking to depose shall provide for the taking of a
verbatim transcript of the deposition, which it shall make available to
all other parties for inspection and copying.
(f) Each party shall bear its own costs of discovery.
41 CFR 105-70.022 Exchange of witness lists, statements, and exhibits.
(a) At least 15 days before the hearing or at such other time as may
be ordered by the ALJ, the parties shall exchange witness lists, copies
of prior statements of proposed witnesses, and copies of proposed
hearing exhibits, including copies of any written statements that the
party intends to offer in lieu of live testimony in accordance with
105-70.033(b). At the time the above documents are exchanged, any party
that intends to rely on the transcript of deposition testimony in lieu
of live testimony at the hearing, if permitted by the ALJ, shall provide
each party with a copy of the specific pages of the transcript it
intends to introduce into evidence.
(b) If a party objects, the ALJ shall not admit into evidence the
testimony of any witness whose name does not appear on the witness list
or any exhibit not provided to the opposing party as provided above
unless the ALJ finds good cause for the failure or that there is no
prejudice to the objecting party.
(c) Unless another party objects within the time set by the ALJ,
documents exchanged in accordance with paragraph (a) of this section
shall be deemed to be authentic for the purpose of admissibility at the
hearing.
41 CFR 105-70.023 Subpoena for attendance at hearing.
(a) A party wishing to procure the appearance and testimony of any
individual at the hearing may request that the ALJ issue a subpoena.
(b) A subpoena requiring the attendance and testimony of an
individual may also require the individual to produce documents at the
hearing.
(c) A party seeking a subpoena shall file a written request therefor
not less than 15 days before the date fixed for the hearing unless
otherwise allowed by the ALJ for good cause shown. Such request shall
specify any documents to be produced and shall designate the witnesses
and describe the address and location thereof with sufficient
particularity to permit such witnesses to be found.
(d) The subpoena shall specify the time and place at which the
witness is to appear and any documents the witness is to produce.
(e) The party seeking the subpoena shall serve it in the manner
prescribed in 105-70.008. A subpoena on a party or upon an individual
under the control of a party may be served by first class mail.
(f) A party or the individual to whom the subpoena is directed may
file with the ALJ a motion to quash the subpoena within ten days after
service or on or before the time specified in the subpoena for
compliance if it is less than ten days after service.
41 CFR 105-70.024 Protective order.
(a) A party or a prospective witness or deponent may file a motion
for a protective order with respect to discovery sought by an opposing
party or with respect to the hearing, seeking to limit the availability
or disclosure of evidence.
(b) In issuing a protective order, the ALJ may make any order which
justice requires to protect a party or person from annoyance,
embarrassment, oppression, or undue burden or expense, including one or
more of the following:
(1) That the discovery not be had;
(2) That the discovery may be had only on specified terms and
conditions, including a designation of the time or place;
(3) That the discovery may be had only through a method of discovery
other than that requested;
(4) That certain matters not be inquired into, or that the scope of
discovery be limited to certain matters;
(5) That discovery be conducted with no one present except persons
designated by the ALJ;
(6) That the contents of discovery or evidence be sealed;
(7) That a deposition after being sealed be opened only by order of
the ALJ;
(8) That a trade secret or other confidential research, development,
commercial information, or facts pertaining to any criminal
investigation, proceeding, or other administrative investigation not be
disclosed or be disclosed only in a designated way; or
(9) That the parties simultaneously file specified documents or
information enclosed in sealed envelopes to be opened as directed by the
ALJ.
41 CFR 105-70.025 Fees.
The party requesting a subpoena shall pay the cost of the fees and
mileage of any witness subpoenaed in the amounts that would be payable
to a witness in a proceeding in United States District Court. A check
for witness fees and mileage shall accompany the subpoena when served,
except that when a subpoena is issued on behalf of the Authority, a
check for witness fees and mileage need not accompany the subpoena.
41 CFR 105-70.026 Form, filing and service of papers.
(a) Form. (1) Documents filed with the ALJ shall include an original
and two copies.
(2) Every pleading and paper filed in the proceeding shall contain a
caption setting forth the title of the action, the case number assigned
by the ALJ, and a designation of the paper (e.g., motion to quash
subpoena).
(3) Every pleading and paper shall be signed by, and shall contain
the address and telephone number of the party or the person on whose
behalf the paper was filed, or his or her representative.
(4) Papers are considered filed when they are mailed. Date of
mailing may be established by a certificate from the party or its
representative or by proof that the document was sent by certified or
registered mail.
(b) Service. A party filing a document with the ALJ shall, at the
time of filing, serve a copy of such document on every other party.
Service upon any party of any document other than those required to be
served as prescribed in 105-70.008 shall be made by delivering a copy or
by placing a copy of the document in the United States mail, postage
prepaid and addressed to the party's last known address. When a party
is represented by a representative, service shall be made upon such
representative in lieu of the actual party.
(c) Proof of Service. A certificate of the individual serving the
document by personal delivery or by mail, setting forth the manner of
service, shall be proof of service.
41 CFR 105-70.027 Computation of time.
(a) In computing any period of time under this part or in an order
issued thereunder, the time begins with the day following the act,
event, or default, and includes the last day of the period, unless it is
a Saturday, Sunday, or legal holiday observed by the Federal government,
in which event it includes the next business day.
(b) When the period of time allowed is less than seven days,
intermediate Saturdays, Sundays, and legal holidays observed by the
Federal government shall be excluded from the computation.
(c) Where a document has been served or issued by placing it in the
mail, an additional five days will be added to the time permitted for
any response.
41 CFR 105-70.028 Motions.
(a) Any application to the ALJ for an order or ruling shall be by
motion. Motions shall state the relief sought, the authority relied
upon, and the facts alleged, and shall be filed with the ALJ and served
on all other parties.
(b) Except for motions made during a prehearing conference or at the
hearing, all motions shall be in writing. The ALJ may require that oral
motions be reduced to writing.
(c) Within 15 days after a written motion is served, or such other
time as may be fixed by the ALJ, any party may file a response to such
motion.
(d) The ALJ may not grant a written motion before the time for filing
responses thereto has expired, except upon consent of the parties or
following a hearing on the motion, but may overrule or deny such motion
without awaiting a response.
(e) The ALJ shall make a reasonable effort to dispose of all
outstanding motions prior to the beginning of the hearing.
41 CFR 105-70.029 Sanctions.
(a) The ALJ may sanction a person, including any party or
representative for --
(1) Failing to comply with an order, rule, or procedure governing the
proceeding;
(2) Failing to prosecute or defend an action; or
(3) Engaging in other misconduct that interferes with the speedy,
orderly, or fair conduct of the hearing.
(b) Any such sanction, including but not limited to those listed in
paragraphs (c), (d), and (e) of this section, shall reasonably relate to
the severity and nature of the failure or misconduct.
(c) When a party fails to comply with an order, including an order
for taking a deposition, the production of evidence within the party's
control, or a request for admission, the ALJ may --
(1) Draw an inference in favor of the requesting party with regard to
the information sought;
(2) In the case of requests for admission, deem each matter of which
an admission is requested to be admitted;
(3) Prohibit the party failing to comply with such order from
introducing evidence concerning, or otherwise relying upon, testimony
relating to the information sought; and
(4) Strike any part of the pleadings or other submissions of the
party failing to comply with such request.
(d) If a party fails to prosecute or defend an action under this part
commenced by service of a notice of hearing, the ALJ may dismiss the
action or may issue an initial decision imposing penalties and
assessments.
(e) The ALJ may refuse to consider any motion, request, response,
brief or other document which is not filed in a timely fashion.
41 CFR 105-70.030 The hearing and burden of proof.
(a) The ALJ shall conduct a hearing on the record in order to
determine whether the defendant is liable for a civil penalty or
assessment under 105-70.003 and, if so, the appropriate amount of any
such civil penalty or assessment considering any aggravating or
mitigating factors.
(b) The authority shall prove defendant's liability and any
aggravating factors by a preponderance of the evidence.
(c) The defendant shall prove any affirmative defenses and any
mitigating factors by a preponderance of the evidence.
(d) The hearing shall be open to the public unless otherwise ordered
by the ALJ for good cause shown.
41 CFR 105-70.031 Determining the amount of penalties and assessments.
In determining an appropriate amount of civil penalties and
assessments, the ALJ and the Authority Head, upon appeal, should
evaluate any circumstances presented that mitigate or aggravate the
violation and should articulate in their opinions the reasons that
support the penalties and assessments they impose.
41 CFR 105-70.032 Location of hearing.
(a) The hearing may be held --
(1) In any judicial district of the United States in which the
defendant resides or transacts business;
(2) In any judicial district of the United States in which the claim
or statement in issue was made; or
(3) In such other place as may be agreed upon by the defendant and
the ALJ.
(b) Each party shall have the opportunity to present arguments with
respect to the location of the hearing.
(c) The hearing shall be held at the place and at the time ordered by
the ALJ.
41 CFR 105-70.033 Witnesses.
(a) Except as provided in paragraph (b) of this section, testimony at
the hearing shall be given orally by witnesses under oath or
affirmation.
(b) At the discretion of the ALJ, testimony may be admitted in the
form of a written statement or deposition. Any such written statement
must be provided to all other parties along with the last known address
of such witness, in a manner which allows sufficient time for other
parties to subpoena such witness for cross-examination at the hearing.
Prior written statements of witnesses proposed to testify at the hearing
and deposition transcripts shall be exchanged as provided in
105-70.022(a).
(c) The ALJ shall exercise reasonable control over the mode and order
of interrogating witnesses and presenting evidence so as to --
(1) Make the interrogation and presentation effective for the
ascertainment of the truth,
(2) Avoid needless consumption of time, and
(3) Protect witnesses from harrassment or undue embarrassment.
(d) The ALJ shall permit the parties to conduct such
cross-examination as may be required for a full and true disclosure of
the facts.
(e) To the extent permitted by the ALJ, cross-examination on matters
outside the scope of direct examination shall be conducted in the manner
of direct examination and may proceed by leading questions only if the
witness is a hostile witness, an adverse party, or a witness identified
with an adverse party.
(f) Upon motion of any party, the ALJ shall order witnesses excluded
so that they cannot hear the testimony of other witnesses. This rule
does not authorize exclusion of --
(1) A party who is an individual;
(2) In the case of a party that is not an individual, an officer or
employee of the party appearing for the entity pro se or designated by
the party's representative; or
(3) An individual whose presence is shown by a party to be essential
to the presentation of its case, including an individual employed by the
Government engaged in assisting the representative for the Government.
41 CFR 105-70.034 Evidence.
(a) The ALJ shall determine the admissibility of evidence.
(b) Except as provided in this part, the ALJ shall not be bound by
the Federal Rules of Evidence. However, the ALJ may apply the Federal
Rules of Evidence where appropriate, e.g., to exclude unreliable
evidence.
(c) The ALJ shall exclude irrelevant and immaterial evidence.
(d) Although relevant, evidence may be excluded if its probative
value is substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or by considerations of undue delay or needless
presentation of cumulative evidence.
(e) Although relevant, evidence may be excluded if it is privileged
under Federal law.
(f) Evidence concerning offers of compromise or settlement shall be
inadmissible to the extent provided in Rule 408 of the Federal Rules of
Evidence.
(g) The ALJ shall permit the parties to introduce rebuttal witnesses
and evidence.
(h) All documents and other evidence offered or taken for the record
shall be open to examination by all parties, unless otherwise ordered by
the ALJ pursuant to 105-70.024.
41 CFR 105-70.035 The record.
(a) The hearing will be recorded and transcribed. Transcripts may be
obtained following the hearing from the ALJ at a cost not to exceed the
actual cost of duplication.
(b) The transcript of testimony, exhibits and other evidence admitted
at the hearing, and all papers and requests filed in the proceeding
constitute the record for the decision by the ALJ and the Authority
Head.
(c) The record may be inspected and copied (upon payment of a
reasonable fee) by anyone, unless otherwise ordered by the ALJ pursuant
to 105-70.024.
41 CFR 105-70.036 Post-hearing briefs.
The ALJ may require the parties to file post-hearing briefs. In any
event, any party may file a post-hearing brief. The ALJ shall fix the
time for filing such briefs, not to exceed 60 days from the date the
parties receive the transcript of the hearing or, if applicable, the
stipulated record. Such briefs may be accompanied by proposed findings
of fact and conclusions of law. The ALJ may permit the parties to file
reply briefs.
41 CFR 105-70.037 Initial decision.
(a) The ALJ shall issue an initial decision based only on the record,
which shall contain findings of fact, conclusions of law, and the amount
of any penalties and assessments imposed.
(b) The findings of fact shall include a finding on each of the
following issues:
(1) Whether the claims or statements identified in the complaint, or
any portions thereof, violate 105-70.003.
(2) If the person is liable for penalties or assessments, the
appropriate amount of any such penalties or assessments considering any
mitigating or aggravating factors that he or she finds in the case.
(c) The ALJ shall promptly serve the initial decision on all parties
within 90 days after the time for submission of post-hearing briefs and
reply briefs (if permitted) has expired. The ALJ shall at the same time
serve all parties with a statement describing the right of any defendant
determined to be liable for a civil penalty or assessment to file a
motion for reconsideration with the ALJ or a notice of appeal with the
Authority Head. If the ALJ fails to meet the deadline contained in this
paragraph, he or she shall notify the parties of the reason for the
delay and shall set a new deadline.
(d) Unless the initial decision of the ALJ is timely appealed to the
Authority Head, or a motion for reconsideration of the initial decision
is timely filed, the initial decision shall constitute the final
decision of the Authority Head and shall be final and binding on the
parties 30 days after it is issued by the ALJ.
41 CFR 105-70.038 Reconsideration of initial decision.
(a) Except as provided in paragraph (d) of this section, any party
may file a motion for reconsideration of the initial decision within 20
days of receipt of the initial decision. If service was made by mail,
receipt will be presumed to be five days from the date of mailing in the
absence of contrary proof.
(b) Every such motion must set forth the matters claimed to have been
erroneously decided and the nature of the alleged errors. Such motion
shall be accompanied by a supporting brief.
(c) Responses to such motions shall be allowed only upon request of
the ALJ.
(d) No party may file a motion for reconsideration of an initial
decision that has been revised in response to a previous motion for
reconsideration.
(e) The ALJ may dispose of a motion for reconsideration by denying it
or by issuing a revised initial decision.
(f) If the ALJ denies a motion for reconsideration, the initial
decision shall constitute the final decision of the Authority Head and
shall be final and binding on the parties 30 days after the ALJ denies
the motion, unless the initial decision is timely appealed to the
Authority Head in accordance with 105-70.039.
(g) If the ALJ issues a revised initial decision, that decision shall
constitute the final decision of the Authority Head and shall be final
and binding on the parties 30 days after it is issued, unless it is
timely appealed to the Authority Head in accordance with 105-70.039.
41 CFR 105-70.039 Appeal to Authority Head.
(a) Any defendant who has filed a timely answer and who is determined
in an initial decision to be liable for a civil penalty or assessment
may appeal such decision to the Authority Head by filing a notice of
appeal with the Authority Head in accordance with this section.
(b) (1) A notice of appeal may be filed at any time within 30 days
after the ALJ issues an initial decision. However, if another party
files a motion for reconsideration under 105-70.038, consideration of
the appeal shall be stayed automatically pending resolution of the
motion for reconsideration.
(2) If a motion for reconsideration is timely filed, a notice of
appeal may be filed within 30 days after the ALJ denies the motion or
issues a revised initial decision, whichever applies.
(3) The Authority Head may extend the initial 30 day period for an
additional 30 days if the defendant files with the Authority Head a
request for an extension within the initial 30 day period and shows good
cause.
(c) If the defendant files a timely notice of appeal with the
Authority Head and the time for filing motions for reconsideration under
105-70.038 has expired, the ALJ shall forward the record of the
proceeding to the Authority Head.
(d) A notice of appeal shall be accompanied by a written brief
specifying exceptions to the initial decision and reasons supporting the
exceptions.
(e) The representative for the Authority may file a brief in
opposition to exceptions within 30 days of receiving the notice of
appeal and accompanying brief.
(f) There is no right to appear personally before the Authority Head.
(g) There is no right to appeal any interlocutory ruling by the ALJ.
(h) In reviewing the initial decision, the Authority Head shall not
consider any objection that was not raised before the ALJ unless a
demonstration is made of extraordinary circumstances causing the failure
to raise the objection.
(i) If any party demonstrates to the satisfaction of the Authority
Head that additional evidence not presented at such hearing is material
and that there were reasonable grounds for the failure to present such
evidence at such hearing, the Authority Head shall remand the matter to
the ALJ for consideration of such additional evidence.
(j) The Authority Head may affirm, reduce, reverse, compromise,
remand, or settle any penalty or assessment, determined by the ALJ in
any initial decision.
(k) The Authority Head shall promptly serve each party to the appeal
with a copy of the decision of the Authority Head and a statement
describing the right of any person determined to be liable for a penalty
or assessment to seek judicial review.
(l) Unless a petition for review is filed as provided in 31 U.S.C.
3805 after a defendant has exhausted all administrative remedies under
this part and within 60 days after the date on which the Authority Head
serves the defendant with a copy of the Authority Head's decision, a
determination that a defendant is liable under 105-70.003 is final and
is not subject to judicial review.
41 CFR 105-70.040 Stays ordered by the Department of Justice.
If at any time the Attorney General or an Assistant Attorney General
designated by the Attorney General transmits to the Authority Head a
written finding that continuation of the administrative process
described in this part with respect to a claim or statement may
adversely affect any pending or potential criminal or civil action
related to such claim or statement, the Authority Head shall stay the
process immediately. The Authority Head may order the process resumed
only upon receipt of the written authorization of the Attorney General.
41 CFR 105-70.041 Stay pending appeal.
(a) An initial decision is stayed automatically pending disposition
of a motion for reconsideration or of an appeal to the Authority Head.
(b) No administrative stay is available following a final decision of
the Authority Head.
41 CFR 105-70.042 Judicial review.
Section 3805 of Title 31, United States Code, authorizes judicial
review by an appropriate United States District Court of a final
decision of the Authority Head imposing penalties or assessments under
this part and specifies the procedures for such review.
41 CFR 105-70.043 Collection of civil penalties and assessments.
Sections 3806 and 3808(b) of Title 31, United States Code, authorize
action for collection of civil penalties and assessments imposed under
this part and specify the procedures for such actions.
41 CFR 105-70.044 Right to administrative offset.
The amount of any penalty or assessment which has become final, or
for which a judgment has been entered under 105-70.042 or 105-70.043, or
any amount agreed upon in a compromise or settlement under 105-70.046,
may be collected by administrative offset under 30 U.S.C. 3716, except
that an administrative offset may not be made under this subsection
against a refund of an overpayment of Federal taxes, then or later owing
by the United States to the defendant.
41 CFR 105-70.045 Deposit in Treasury of United States.
All amounts collected pursuant to this part shall be deposited as
miscellaneous receipts in the Treasury of the United States, except as
provided in 31 U.S.C. 3806(g).
41 CFR 105-70.046 Compromise or settlement.
(a) Parties may make offers of compromise or settlement at any time.
(b) The reviewing official has the exclusive authority to compromise
or settle a case under this part at any time after the date on which the
reviewing official is permitted to issue a complaint and before the date
on which the ALJ issues an initial decision.
(c) The Authority Head has exclusive authority to compromise or
settle a case under this part at any time after the date on which the
ALJ issues an initial decision, except during the pendency of any review
under 105-70.042 or during the pendency of any action to collect
penalties and assessments under 105-70.043.
(d) The Attorney General has exclusive authority to compromise or
settle a case under this part during the pendency of any review under
105-70.042 or of any action to recover penalties and assessments under
31 U.S.C. 3806.
(e) The investigating official may recommend settlement terms to the
reviewing official, the Authority Head, or the Attorney General, as
appropriate. The reviewing official may recommend settlement terms to
the Authority Head, or the Attorney General, as appropriate.
(f) Any compromise or settlement must be in writing.
41 CFR 105-70.047 Limitations.
(a) The Program Fraud Civil Remedies Act of 1986 provides that a
hearing shall be commenced within 6 years after the date on which a
claim or statement is made. 31 U.S.C. 3808(a). The statute also
provides that the hearing is commenced by the mailing or delivery of the
presiding officer's (ALJ's) notice. 31 U.S.C. 3803(d)(2)(B).
Accordingly, the notice of hearing provided for in 105-70.012 herein
shall be served within 6 years after the date on which a claim or
statement is made.
(b) If the defendant fails to file a timely answer, service of a
notice under 105-70.010(b) shall be deemed a notice of hearing for
purposes of this section.
41 CFR 105-70.047 PART 105-735 -- STANDARDS OF CONDUCT
41 CFR 105-70.047 Pt. 105-735
41 CFR 105-70.047 Subpart 105-735.1 -- General
Sec.
105-735.101 Enforcement of standards.
105-735.102 Definitions.
105-735.103 Responsibilities.
105-735.104 Proper conduct of official activities.
105-735.105 Equal opportunity.
105-735.106 Approval and publication of regulations.
41 CFR 105-70.047 Subpart 105-735.2 -- Standards of Conduct for GSA
Personnel
105-735.201 Proper conduct of official activities.
105-735.202 Business dealings on behalf of the Government.
105-735.203 Contributions.
105-735.204 Outside employment.
105-735.205 Travel.
105-735.206 Use of Government facilities, property, and staff.
105-735.207 Misuse of information.
105-735.208 Disclosure of information.
105-735.209 Use of position titles in connection with commercial
enterprises.
105-735.210 Indebtedness.
105-735.211 Gambling, betting, and lotteries.
105-735.212 General conduct prejudicial to the Government.
105-735.213 Intermediaries.
105-735.214 Lending or borrowing money.
105-735.215 Political activity.
105-735.216 Reporting suspected irregularities.
105-735.217 Purchase of Government property.
105-735.218 Purchase of real estate.
105-735.219 Use of intoxicants.
105-735.220 Use of Government vehicles.
105-735.221 Use of official telephones.
105-735.222 Use of Government records.
105-735.223 Post-employment conflict of interest.
41 CFR 105-70.047 Subpart 105-735.3 -- Statements of Employment and
Financial Interests
105-735.301 General.
105-735.302 Criteria for selection of positions subject to filing
requirement.
105-735.303 Identification of positions, the incumbents of which must
file Statements of Employment and Financial Interests.
105-735.304 Annual statements.
105-735.305 Interests of relatives.
105-735.306 Information not known by employee.
105-735.307 Information excluded.
105-735.308 Confidentiality of statements.
105-735.309 Effect of statements on other requirements.
105-735.310 Procedure in obtaining statements.
105-735.311 Responsibility for review of statements.
105-735.312 Resolving conflicts of interest.
105-735.313 Employee complaint against filing requirement.
105-735.314 Inconsequential financial interests.
41 CFR 105-70.047 Subpart 105-735.4 -- Financial Disclosure Reports
105-735.401 General
105-735.402 Who must file.
105-735.403 Notice of obligation to file.
105-735.404 When to file.
105-735.405 Where to file.
105-735.406 Extensions of time.
105-735.407 Review of reports.
105-735.408 Procedures for resolving noncompliance.
105-735.409 Penalties for failure to comply with reporting
requirements.
105-735.410 Public access and copying.
105-735.411 Notices of conflicts and potential conflicts.
41 CFR 105-70.047 Subpart 105-735.5 -- Miscellaneous Statutory
Provisions
105-735.501 Summary of pertinent conflict of interest laws.
105-735.502 Laws applicable to GSA personnel.
105-735.503 Code of ethics for Government service.
41 CFR 105-70.047 Subpart 105-735.6 -- Violation of Post Federal
Employment Prohibitions
105-735.601 General.
105-735.602 Notification and opportunity for hearing.
105-735.603 Hearings.
105-735.604 Action by the Administrator.
105-735.605 Period of prohibition and disciplinary action.
105-735.606 Records.
41 CFR 105-70.047 Subpart 105-735.7 -- Special Provisions Relating to
the GSA Board of Contract Appeals
105-735.701 Purpose.
105-735.702 GSA personnel.
105-735.703 Integrity, impartiality, and independence.
105-735.704 Impropriety and the appearance of impropriety.
105-735.705 Performance of duties.
105-735.706 Outside activities.
105-735.707 Extra-judicial activities.
105-735.708 Appropriate compensation.
105-735.709 Effective date of compliance.
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c); E.O.
11222, 3 CFR 1965 Supp.; 5 CFR 735.104, unless otherwise noted.
Source: 45 FR 9273, Feb. 12, 1980, unless otherwise noted.
41 CFR 105-70.047 Subpart 105-735.1 -- General
41 CFR 105-735.101 Enforcement of standards.
This part prescribes the fundamental rules of ethics in the conduct
of Government business that are mandatory for all who serve in the
General Services Administration. These rules are in addition to the
criminal laws and other laws governing conduct of Federal employees.
Like the laws, they will be strictly interpreted and firmly enforced.
Ignorance of these rules or laxity in observance or enforcement of them
will not be condoned. They are the prime responsibility of all GSA
personnel.
41 CFR 105-735.102 Definitions.
For the purposes of this part, the following terms have the meaning
shown:
(a) Special Government employee means an officer or employee who has
been employed to perform temporary duties, with or without compensation,
for not more than 130 days during any period of 365 consecutive days,
either on a full-time or intermittent basis (18 U.S. C. 202(a)).
(b) Employee means any officer or employee of GSA who is not a
special Government employee.
(c) Person means an individual, corporation, company, association,
firm, partnership, society, joint stock company, or any other
organization or institution.
(d) GSA contractor is a person or entity that is engaged in or seeks
business or financial relations of any sort with any GSA component; or
conducts operations or activities that are either regulated by a GSA
component or significantly affected by GSA decisions; or has interests
that may be substantially affected by the performance or nonperformance
of the official duties of GSA personnel.
(e) GSA personnel means all GSA employees, including special
Government employees.
(f) Gratuity means any gift, favor, entertainment, hospitality,
transportation, loan, or any other tangible thing, and any intangible
benefit (for example, discounts, passes, or promotional vendor training)
given to or on behalf of GSA employees or their spouses, minor children,
or households, for which fair market value is not paid by the recipient
or the Government.
(g) Standards of Conduct Counsellors are defined in 105-735.103(b).
(h) Appropriate supervisor means that supervisor within the chain of
authority who is acquainted with the duties of the subordinate GSA
personnel concerned and has the duty to determine the existence and
effect of any conflict of interests of the personnel. This is usually
the immediate supervisor of the GSA personnel concerned.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25305, May 6, 1981)
41 CFR 105-735.103 Responsibilities.
(a) Heads of Services and Staff Offices and Regional Administrators.
(1) Heads of Services and Staff Offices and Regional Administrators
are responsible for ensuring that (i) all GSA personnel under their
supervision are familiar with and understand the standards of conduct
and statutes governing conflicts of interest and post-Federal employment
restrictions; (ii) all GSA personnel under their supervision are
informed of and are familiar with the identity of their appropriate
supervisor and their Deputy Standards of Conduct Counsellor; and (iii)
disciplinary or remedial action is taken in the case of all GSA
personnel who violate these standards or related laws and regulations,
and against supervisors who fail to carry out their responsibilities in
taking or recommending disciplinary or remedial action in such cases.
(2) Heads of Services and Staff Offices and Regional Administrators
shall ensure that GSA personnel under their supervision are given a copy
of this directive and an oral standards of conduct briefing following
receipt. New GSA personnel shall also receive a copy and a briefing
preceding employment or promptly following assumption of duties. Each
individual receiving this briefing shall attest in writing to attendance
at the briefing, and that he or she has a copy of the standards of
conduct and acknowledges the requirements imposed. All GSA personnel
shall be provided with a briefing at least semiannually regarding these
standards by Heads of Services and Staff Offices and Regional
Administrators. All GSA personnel shall be provided with a copy of all
revisions to the standards of conduct and be required to attest in
writing to receiving and acknowledging their duty to comply with the
standards of conduct.
(3) Heads of Services and Staff Offices and Regional Administrators
shall bring the contents of this directive to the attention of the
principal officer of each contractor doing significant business with
GSA, and shall periodically use the opportunity afforded by conferences
with representatives of industry and others transacting business with
the GSA to direct attention to these standards of conduct regulations.
Care shall be taken to avoid needless duplication of distribution of
copies to contractors.
(b) The Special Counsel to the Administrator for Ethics is the Agency
Standards of Conduct Counsellor, the Designated Agency Ethics Official,
and the Director of the Office of Ethics. The Special Counsel is
delegated authority to speak for the Administrator in all matters
involving interpretation and application of the standards of conduct.
Authority is also delegated to the Special Counsel to determine in
individual cases that a specific financial interest is not so
substantial as to be deemed likely to affect the integrity of the
services which the Government may expect from the particular employee
concerned.
(1) The Special Counsel to the Administrator for Ethics shall
designate Deputy Standards of Conduct Counsellors. Those designated
shall be responsible for providing advice and assistance to GSA
personnel on questions regarding Standards of Conduct. They are
responsible for ensuring that training programs for GSA personnel in the
standards of conduct are conducted. They are also responsible for the
proper review and audit of the administration of the requirements of
this directive. They shall ensure that posters identifying them as a
Deputy Standards of Conduct Counsellor and stating their location and
telephone number are prominently displayed in locations where GSA
personnel are serving.
(2) The Special Counsel to the Administrator for Ethics shall
supervise the adequacy of the advice and training in standards of
conduct provided to all GSA personnel and shall be responsible for the
timely collection and review of all Statements of Employment and
Financial Interests, and of all Financial Disclosure Reports. In these
matters the Deputy Standards of Conduct Counsellor shall be subject to
the policy guidance and direction of the Special Counsel to the
Administrator for Ethics.
(c) Supervisors shall (1) ensure that all GSA personnel under their
supervision are instructed in and understand the standards of conduct
required by this directive and the laws governing conflicts of interest
and postemployment restrictions and adhere to them at all times; and
(2) take or recommend disciplinary or remedial action in the case of
those who violate the standards or related laws and regulations.
(d) All GSA personnel are required to (1) be fully familiar with the
standards of conduct covered in this directive and the laws governing
conflicts of interest and postemployment restrictions; (2) comply
strictly with them; and (3) maintain the highest standards of ethical
conduct in transacting the Government's business. When in doubt as to
the permissibility under this directive of any action on their part,
they shall not act until they have received the advice of a Deputy
Standards of Conduct Counsellor.
(e) Each Regional Counsel is responsible for auditing and ensuring
that posters of the Code of Ethics for Government Service and posters
notifying employees of the identity and telephone number of their Deputy
Standards of Conduct Counsellors are at all times widely and prominently
displayed throughout the region by those in GSA whose primary duty it is
to mount and display the posters as required by law.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25305, May 6, 1981;
48 FR 43685, Sept. 26, 1983)
41 CFR 105-735.104 Proper conduct of official activities.
(a) GSA personnel shall become familiar with the scope of authority
for, and the limitations concerning, the activities for which they have
responsibilities.
(b) GSA personnel shall not make or recommend any expenditure of
funds or take or recommend any action known or believed to be in
violation of U.S. laws, Executive Orders, or applicable directives,
instructions, or regulations.
(c) In case of doubt as to the propriety of a proposed action or
decision in terms of regulation or law, GSA personnel shall consult
Legal Counsel or, if appropriate, the Special Counsel to the
Administrator for Ethics or a Deputy Standards of Conduct Counsellor to
ensure the proper and lawful conduct of GSA activities.
41 CFR 105-735.105 Equal opportunity.
GSA personnel shall scrupulously adhere to the GSA program of equal
opportunity regardless of race, color, religion, sex, age, handicap,
national origin, political affiliation, or marital status.
(49 FR 30309, July 30, 1984)
41 CFR 105-735.106 Approval and publication of regulations.
The regulations in this part and any changes thereto are effective
only after approval by the Office of Personnel Management and
publication in the Federal Register.
(46 FR 25306, May 6, 1981)
41 CFR 105-735.106 Subpart 105-735.2 -- Standards of Conduct for GSA Personnel
41 CFR 105-735.201 Proper conduct of official activities.
(a) GSA personnel shall observe the requirements of courtesy,
consideration and promptness in dealing with the public.
(b) GSA personnel shall avoid any action that might result in or
create the appearance of:
(1) Using public office for private gain;
(2) Giving preferential treatment to any person;
(3) Impeding Government efficiency or economy;
(4) Losing complete independence or impartiality;
(5) Making a Government decision outside official channels;
(6) Affecting adversely the confidence of the public in the integrity
of the Government.
(49 FR 30309, July 30, 1984)
41 CFR 105-735.202 Business dealings on behalf of the Government.
(a) The public trust. Those who represent the Government in business
dealings have positions of trust and grave responsibility that require
them to observe the highest ethical standards. Practices that may be
customary in the private business world are not necessarily acceptable
for GSA personnel, who are held to a higher standard of public trust.
(b) Dealing with Government personnel. GSA personnel shall not
knowingly deal on behalf of the Government with present or former
Government personnel whose participation in the transaction would be in
violation of a statute, regulation, or policy set forth in this
directive.
(c) Impartiality in conduct of official business. GSA personnel
shall not allow themselves to be placed in a position in which a
conflict of interest might arise or might justifiably be suspected.
Such a conflict may arise or appear to arise by the acceptance of
gratuities or by any action which could reasonably be interpreted as
influencing the strict impartiality that must prevail in all business
relationships involving the Government. Strict impartiality is often
difficult to maintain when business relationships are allowed to become
overly personal. GSA personnel shall ensure that persons doing business
or attempting to do business with the agency, or representing business
entities, are not permitted to ingratiate themselves to the extent that
GSA personnel hesitate to deny requests for special treatment or
otherwise to follow the rule of strict impartiality when officially
dealing with such persons.
(d) Conflicts of interest -- (1) Affiliations and financial
interests. GSA personnel shall not engage in any personal, business, or
professional activity, or receive or retain any direct or indirect
financial interest, which places them in a position of conflict or
apparent conflict between their private interests and the public
interests of the United States related to the duties or responsibilities
of their GSA positions. For the purpose of this prohibition, the
private interests of a spouse and a minor child are treated as private
interests of the GSA personnel.
(2) Using inside information. GSA personnel shall not use, directly
or indirectly, inside information to further a private gain for
themselves or others if that information is not generally available to
the public and was obtained by reason of their GSA positions.
(3) Using GSA position. GSA personnel are prohibited from using
their official positions to induce, coerce, or in any manner influence
any person, including subordinates, to provide any improper benefit,
financial or otherwise, to themselves or others.
(4) Disqualification or divestiture requirements. Unless otherwise
expressly authorized by action taken under 18 U.S.C. 208, all GSA
personnel who have affiliations or financial interests which create
conflicts, or appearances of conflicts, of interests with their official
duties must disqualify themselves from any official activities that are
related to those affiliations or interests or the entities involved. A
written disqualification must be must be sent to an individual's
superior and immediate subordinates whenever it appears possible that
the individual's official functions will affect those affiliations,
interests, or entities. If the individual cannot adequately perform
official duties after such disqualification, he must divest himself of
such involvement or be removed from that position.
(5) Membership in associations. GSA personnel who are members or
officers of non-Governmental associations or organizations must avoid
activities on behalf of the association or organization that are
incompatible with their official Government positions, and must not
accept an office proffered because of their Government position and not
as a result of a bona fide election.
(6) Commercial soliciting by GSA personnel. To eliminate the
appearance of coercion, intimidation, or pressure from grade or
position, full-time GSA personnel, except special Government employees,
are prohibited from making personal commercial solicitations for sales,
at any time, on or off duty, to GSA personnel who are under their
supervision at any level.
(i) This limitation includes, but is not limited to, the solicitation
and sale of insurance, stocks, mutual funds, real estate, and any other
commodities, goods, or services.
(ii) This prohibition is not applicable to the one-time sale by an
individual of his own personal property or privately owned dwelling or
to the off-duty employment of GSA personnel as employees in retail
stores, or other situations not including solicited sales.
(iii) See 18 U.S.C. 205 regarding prohibitions applicable to
participation of special Government employees in particular matters
involving a specific party or parties.
(e) Acceptance of gratuities. (1) Acceptance of gratuities (no
matter how innocently tendered or received) from those who have or seek
business dealings with GSA may be a source of embarrassment to the
recipient, and may impair public confidence in the integrity of the
conduct of the Government's business. It is emphasized that prohibited
conflicts and apparent conflicts of interest can sometimes arise even
from relationships and transactions that the persons concerned perceive
as inconsequential.
(2) Except as provided in paragraph (e)(3) of this section below GSA
personnel and their spouses, minor children, and members of their
households shall not solicit, accept, or agree to accept any gratuity
for themselves, members of their families, or others, either directly or
indirectly from or on behalf of a GSA contractor.
(3) This general prohibition does not apply to the following:
(i) The continued participation in employee welfare or benefit plans
of a former employer when permitted by law and approved by the
appropriate Deputy Standards of Conduct Counsellor;
(ii) Trophies, entertainment, prizes, or awards for public service or
achievement or given in games or contests which are clearly open to the
public or which are offically approved for GSA personnel participation;
(iii) Items available to the public generally, or a large segment of
the public (such as university scholarships, attendance at free
exhibitions of GSA contractors at public trade fairs and discounts);
(iv) Participation by GSA personnel in civic and community activities
when the involvement of GSA contractors is remote from the business
purposes of any contractor who is sponsoring, supporting, or
participating in the activity (for example, participation in a Little
League or Combined Federal Campaign luncheon which is subsidized by a
GSA contractor);
(v) Social activities engaged in by GSA officials or their
representatives with local civic leaders as part of community relations
programs of GSA;
(vi) Instances in which the interests of the Government are served by
participation of a GSA employee in widely attended luncheons, dinners,
and similar gatherings sponsored by industrial, technical, or
professional associations for the discussion of matters of mutual
interest. Participation in these events is permitted only when the host
is the association and not a private company, and only when approved by
the employee's supervisor as being a part of or related to official
duties. Acceptance of gratuities, food, or refreshments from a private
company in connection with such associations' activities is forbidden;
(vii) Situations in which participation by GSA personnel at public
ceremonial activities of mutual interest to industry or local
communities and GSA serves the interests of the Government and
acceptance of the invitation is approved by the head of the activity to
which the invitee is attached;
(viii) Contractor-provided transportation, meals, or overnight
accommodations in connection with official business when arrangements
for Government or commercial transportation, meals, or accommodations
are clearly impracticable and prior approval of the appropriate
supervisor is obtained if practicable and the recipient reports the
circumstances in writing to the appropriate supervisor as soon as
possible;
(ix) Attendance or participation of GSA personnel in gatherings,
including social events such as receptions, which are hosted by foreign
governments or international organizations, provided that the acceptance
of the invitation is approved by the head of the activity to which the
invitee is attached or, when there is doubt as to the propriety of
acceptance, by higher authority;
(x) Customary exchanges of gratuities between GSA personnel and their
friends and relatives or the friends and relatives of their spouses,
minor children, or members of their household where the circumstances
make it clear that it is that relationship rather than the business of
the persons concerned which is the motivating factor for the gratuity
and where it is clear that the gratuity is not paid for by any person or
entity described in 105-735.102(d); and
(xi) Situations in which, in the sound judgment of the individual
concerned or his or her superior, the Government's interest will be
served by GSA personnel participating in activities otherwise
prohibited. In such a case, a written report of the circumstances shall
be made by the individual or his or her appropriate superior before
acceptance; or, when an advance report is not possible, within 48 hours
after acceptance, to the appropriate supervisor and the appropriate
Deputy Standards of Conduct Counsellor.
(4) GSA personnel who are offered or receive unsolicited gratuities
(or have gratuities received for them) in circumstances not in
conformance with this order shall immediately report the circumstances
to the Special Agent in Charge of the appropriate Office of the
Inspector General, Field Investigations Office. The Washington Field
Investigations Office shall be notified if occurrences involve Central
Office employees. The appropriate Deputy Standards of Conduct
Counsellor shall also be notified by the individual making the report.
(5) For rules governing acceptance of gifts from foreign governments,
their agents, or instrumentalities, see GSA Order, Acceptance of gifts
and decorations from foreign governments by GSA employees (OAD 7880.2).
All gifts of more than ''minimal value'' (as defined in that directive)
that are accepted by GSA employees shall be promptly reported.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25306, May 6, 1981;
48 FR 43685, Sept. 26, 1983)
41 CFR 105-735.203 Contributions.
GSA personnel shall not solicit contributions for a gift to an
employee in a superior official position. A person in a superior
official position shall not accept a gift presented as a contribution
from employees receiving less salary than himself or herself. GSA
personnel shall not make a donation as a gift to a person in a superior
official position (5 U.S.C. 7351). These prohibitions do not apply to a
voluntary gift of reasonable value (or a donation in a nominal amount)
made on a special occasion such as marriage, illness, resignation,
transfer, or retirement.
(46 FR 25306, May 6, 1981)
41 CFR 105-735.204 Outside employment.
GSA personnel may engage in outside employment or other outside
activity not incompatible with the full and proper discharge of the
duties and responsibilities of his or her Government job.
(a) GSA personnel who propose to engage in outside employment shall
report that fact in writing to their supervisor prior to accepting such
employment, and shall supply such additional details concerning the
nature of that employment as may be required by the supervisor (or a
Deputy Standards of Conduct Counsellor) to assist in determining whether
the employment is compatible with the full and proper discharge of the
employee's official duties. If the supervisor determines that the
outside employment is prohibited by this section, the supervisor shall
so advise the employee and inform the employee of the consequences of
such employment in writing. If the supervisor determines that the
outside employment is not prohibited by this section the supervisor
shall so advise the employee by noting his or her concurrence on the
employee's written proposal and returning it to the employee. Deputy
Standards of Conduct Counsellors are available to assist supervisors in
making such determinations. Activities listed in paragraph (d) of this
section are exceptions to this rule and require no notification.
(b) Guidelines and limitations. Outside employment or other outside
activity is incompatible with the full and proper discharge of an
employee's duties and responsibilities, and hence is prohibited, if:
(1) It would involve the violation of a Federal or State statute, a
local ordinance, Executive order, or regulation to which the employee is
subject.
(2) It would give rise to a real or apparent conflict of interest
situation. For example, where it would involve work for any contractor
or subcontractor for GSA (or any other employer) where that employer may
be in a position to gain advantage in its dealings or potential dealings
with the Government because of the employee's position.
(3) It would involve acceptance of a fee, compensation, gift, payment
of expense, or any other thing of monetary value in circumstances in
which acceptance might result in, or create the appearance of, a
conflict of interest.
(4) It might bring discredit upon, or reasonably cause unfavorable
criticism of, the Government or GSA or lead to relationships which might
impair public confidence in the integrity of the Government or GSA.
(5) (Reserved)
(6) It would identify GSA or the employee officially with any
organization manufacturing, distributing, or advertising a product. In
any permissible outside employment, care shall be taken to ensure that
names and titles of employees are not used to give the impression that
the activity or product is officially endorsed or approved by GSA or is
part of GSA activities.
(7) It would involve use of the employee's time during official
working hours.
(8) It would involve use by the employee of official facilities, e.
g., office space, office machines or supplies, or the services of other
employees during duty hours.
(9) It would be of such extent or nature as to interfere with the
efficient performance of the employee's Government duties, or impair the
employee's mental or physical capacity to perform them in an acceptable
manner.
(10) It would involve use of information obtained as a result of
Government employment that is not freely available to the general public
in that it either has not been made available to the general public or
would not be made available on request. Written authorization for the
use of any such information may be given when the Administrator
determines that such use would be in the public interest. Further
guidelines appear in paragraph (c) of this section.
(11) It involves the practice of law as an outside professional
activity for a fee or other compensation by an incumbent of an attorney
position, except that such employee may serve as paid counsel in those
instances and conditions specified in 18 U.S.C. 205.
(12) It involves the receipt of salary or anything of value from a
private source as compensation for services to the Government (18 U.S.
C. 209).
(c) Use of Government information or expertise. (1) GSA personnel
are encouraged to engage in teaching, lecturing, and writing that is not
prohibited by law, Executive order, Office of Personnel Management (OPM)
regulations, or the provisions of this part. They shall not, however,
with or without compensation, engage in teaching, lecturing, or writing
that depends on information obtained as a result of Government
employment, except when that information has been made available to the
general public or will be made available on request, or when the
Administrator gives written authorization for use of nonpublic
information on the basis that the use is in the public interest. This
prohibition includes teaching, lecturing, or writing for the purpose of
the special preparation of persons for an examination of the Office of
Personnel Management or Board of Examiners for the Foreign Service.
(2) Except as provided in 105-735.205 (and further qualified below),
GSA personnel are prohibited from accepting fees, reimbursements, or
honoraria for speaking, lecturing, or writing, or for appearing as
expert witnesses before State agencies, unless all the following
conditions exist:
(i) Acceptance from the person or entity tendering or funding it
would not be prohibited under 105-735.202(e);
(ii) The individual presents himself as a private citizen and not in
an official capacity;
(iii) Such private activities do not interfere with the individual's
official duties; and
(iv) The individual's appearance or writing is not part of his or her
official duties, does not involve materials which official duties
require the individual to prepare or provide, and does not depend on
information obtained as a result of Government employment, except when
that information has been published or is generally available to the
public upon request, or it will be made generally available to the
public and the official authorized to release such information to the
public gives written authorization for the use of nonpublic information
on the basis that the use is in the public interest.
(3) Unless there is a definite Government position on a matter
addressed in the appearance or writing and the individual has been
authorized by superior authorities to present that position officially,
he shall expressly present his views on that matter as his own and not
as those of the Government.
(4) By Executive order the Administrator and Inspector General are
prohibited from receiving compensation or anything of value for any
consultation, lecture, discussion, writing, or appearance the subject
matter of which is devoted substantially to responsibilities, programs,
or operations of this agency, or which draws substantially on official
data or ideas which have not become part of the body of public
information.
(d) GSA personnel who engage in the following activities with or
without compensation, are not required to notify their supervisor:
(1) Participation in the activities of national or State politicial
parties when not prohibited by law.
(2) Participation in the affairs of, or acceptance of an award for a
meritorious public contribution or achievement given by, a charitable,
religious, professional, social, fraternal, nonprofit educational,
public service, or civic organization.
(e) Prior written approval of the immediate supervisor is required
for an employee to engage in any outside employment while on sick leave
from GSA employment. Except under unusual circumstances where the facts
warrant the granting of permission, employees are prohibited from
engaging in other employment, either during working hours or outside
working hours, during periods of sick leave.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25306, May 6, 1981;
49 FR 30309, July 30, 1984)
41 CFR 105-735.205 Travel.
(a) Acceptance of accommodations, subsistence, or services, furnished
in kind, in connection with official travel from sources other than
those indicated in 105-735.202(e) above is authorized only when the
individual is to be a speaker, panelist, project officer, or other bona
fide participant in the activity attended and when such attendance and
acceptance is authorized by the order-issuing authority as being in the
overall Government interest.
(b) GSA personnel may not accept personal reimbursement from any
source for expenses incident to official travel, unless authorized by
their supervisor consistent with guidance provided by the appropriate
Deputy Standards of Conduct Counsellor (pursuant to 5 U.S.C. 4111 or
other authority). Rather, reimbursement must be made to the Government
by check. Personnel will be reimbursed by the Government in accordance
with applicable regulations.
(c) In no case shall GSA personnel accept, either in kind or for cash
reimbursement, benefits which are extravagant or excessive in nature.
(d) When accommodations, subsistence, or services in kind are
furnished to GSA personnel by non-U.S. Government sources, consistent
with this subsection, appropriate deductions shall be reported and made
in the travel, per diem, or other allowances payable.
(46 FR 25307, May 6, 1981, as amended at 48 FR 43685, Sept. 26, 1983)
41 CFR 105-735.206 Use of Government facilities, property, and staff.
GSA personnel shall not directly or indirectly through an agent or
intermediary, take or dispose of, or allow the use, taking, or
disposing, of Government property, facilities, or services, of any kind,
including property leased to the Government, for other than officially
approved activities. Government facilities, property, and staff (such
as stationery, stenographic and typing assistance, or duplication and
chauffeur services) shall be used only for officially approved
activities. GSA personnel have a positive duty to protect and conserve
Government property.
(49 FR 30310, July 30, 1984)
41 CFR 105-735.207 Misuse of information.
For the purpose of furthering a private interest, GSA personnel shall
not, except as provided in 105-735.204(c), directly or indirectly use,
or allow the use of, official information obtained through or in
connection with their GSA employment which has not been made available
to the general public. Criminal penalties are imposed for disclosure of
classified or confidential information.
(46 FR 25307, May 6, 1981)
41 CFR 105-735.208 Disclosure of information.
Disclosure of information from records shall conform with the
provisions of the Freedom of Information and Privacy Acts (5 U.S.C.
552).
41 CFR 105-735.209 Use of position titles in connection with commercial
enterprises.
GSA employees are prohibited from using their title or positions in
connection with any commercial enterprise or in endorsing any commercial
product. This does not preclude author identification for materials
published in accordance with GSA procedures.
41 CFR 105-735.210 Indebtedness.
GSA personnel shall pay their just financial obligations in a proper
and timely manner, especially those imposed by law, such as Federal,
State, or local taxes. For the purposes of this paragraph, a ''just
financial obligation'' means one acknowledged by the employee, or
reduced to judgment by a court. In a dispute between GSA personnel and
an alleged creditor, GSA will not undertake to determine the validity or
amount of a disputed debt.
41 CFR 105-735.211 Gambling, betting, and lotteries.
GSA personnel shall not participate, while on property owned or
leased by the Government or while on duty for GSA, in any gambling
activity, including the operation of a gambling device, participating in
a lottery or pool, participating in a game for money or property, or
selling or purchasing a numbers slip or ticket, except as otherwise
lawfully authorized.
(46 FR 25307, May 6, 1981)
41 CFR 105-735.212 General conduct prejudicial to the Government.
GSA personnel shall not engage in criminal, infamous, dishonest,
immoral, or notoriously disgraceful conduct prejudicial to the
Goverment.
41 CFR 105-735.213 Intermediaries.
In any relations with the public, GSA personnel shall not recommend
or suggest the use of any non-Government person (individual, firm,
corporation, or other entity) offering service as intermediary,
consultant, agent, representaive, attorney, expediter, or specialist for
the purpose of assisting in any negotiations, transactions, or other
business with GSA.
41 CFR 105-735.214 Lending or borrowing money.
GSA personnel shall not lend money for profit to other GSA personnel
or lend money for profit to any other person on Government premises. A
supervisor shall not borrow money from a subordinate under any
circumstances. This prohibition is not applicable to recognized
employee credit unions or employee welfare plans.
41 CFR 105-735.215 Political activity.
(a) GSA employees shall not take an active part in political
management or in political campaigns; however, political activity in
some local elections is permissible. Prohibited activities and
exceptions thereto are set forth in subchapter III of chapter 73 of
title 5, U.S.C., and chapter 733 of the Federal Personnel Manual.
(b) GSA special Government employees are subject to the political
activity restrictions of subchapter III of chapter 73 of title 5, U.S.
C., and 18 U.S.C. 602, 603, 607, and 608 while in an active duty status
only and for the entire 24 hours of any day of actual employment.
(c) Advice on this subject is available from any GSA legal counsel.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25307, May 6, 1981)
41 CFR 105-735.216 Reporting suspected irregularities.
It is the obligation of GSA personnel to report immediately any
apparent or suspected violation of a statute, order, regulation, or
directive in connection with any operation of GSA. The report shall be
made to the Assistant Inspector General for Investigations in the
Central Office or to the appropriate Special Agent in charge in the
regions. When appropriate, the Office of the Inspector General shall
report such apparent or suspected violations to the proper management
official. GSA personnel shall cooperate with representatives conducting
official investigations and furnish signed statements under oath if
appropriate.
(46 FR 25307, May 6, 1981)
41 CFR 105-735.217 Purchase of Government property.
GSA personnel shall not purchase for themselves or for any other
person, either directly or indirectly through an agent or intermediary,
Government property, personal or real, being sold by GSA. This
prohibition also applies to any member of their immediate household, and
may be waived in writing by the Administrator in appropriate cases.
This prohibition does not apply to the purchase of items sold by
GSA-operated stores of a retail nature and offered to the general public
at predetermined fixed prices.
(49 FR 30310, July 30, 1984)
41 CFR 105-735.218 Purchase of real estate.
GSA personnel, whose official duties are in any way related to the
acquisition or disposal of real estate or interests therein or to the
maintenance or improvement of real estate, shall not, directly or
indirectly through an agent or intermediary, purchase any real estate or
interest therein except for occupancy as their personal residence unless
a full disclosure of the proposed transaction is made in writing to the
appropriate supervisor who shall consult with the Special Counsel to the
Administrator for Ethics (regional counsel in a region), and the prior
written approval of the appropriate supervisor is obtained. A copy of
the approval shall be promptly furnished by the supervisor to the
Special Counsel to the Administrator for Ethics.
(49 FR 30310, July 30, 1984)
41 CFR 105-735.219 Use of intoxicants.
GSA personnel shall not use intoxicants habitually to excess (5 U.S.
C. 7352). GSA personnel shall not use intoxicants on U.S.
Government-owned or leased premises except upon occasions and on
property as to which the Administrator or Regional Administrator has
granted an exception in writing or, in the case of property occupied by
another agency, except as authorized by the head of that agency in
accordance with law.
(46 FR 25307, May 6, 1981)
41 CFR 105-735.220 Use of Government vehicles.
GSA personnel shall not use or authorize the use of Government-owned
or leased motor vehicles or aircraft for other than official purposes
(31 U.S.C. 638(c)) and shall operate such vehicles or aircraft in strict
compliance with all applicable laws.
41 CFR 105-735.221 Use of official telephones.
GSA personnel shall not use Federal Telecommunications System or
commercial telephone facilities for long-distance calls unless such
calls are for officially approved purposes.
(49 FR 30310, July 30, 1984)
41 CFR 105-735.222 Use of Government records.
GSA personnel shall not knowingly, willfully and unlawfully conceal,
remove, mutilate, falsify, or destroy any Government document or record
(18 U.S.C. 2071).
(48 FR 43685, Sept. 26, 1983)
41 CFR 105-735.223 Post-employment conflict of interest.
(a) Enforcement responsibility -- (1) Individual. It is the
obligation of all GSA personnel, upon ending service with GSA, to review
the post-employment restrictions imposed by law and to determine the
restrictions applicable to that individual's future employment and
dealings with the agencies of the Federal Government. The limitations
are summarized in regulations of the Office of Government Ethics, Office
of Personnel Management.
(2) Procedures. It is the responsibility of the Assistant
Administrator for Human Resources and Organization to establish
procedures to insure that departing GSA personnel are furnished
information regarding post-employment limitations and that qualified
individuals are made available to provide advice upon request.
(3) General enforcement authority. The Ethics in Government Act and
the implementing regulations are enforced by the GSA, the Department of
Justice and the Office of Government Ethics.
(b) Scientific and technological communications. Contacts with GSA
that otherwise would be subject to the post-employment prohibitions may
be authorized if the following requirements are met:
(1) The GSA office receiving the contact or communication is advised
by the former officer or employee, or by the organization represented by
that individual, of the prior employment status of the individual and
the general subject matter to be communicated. Notice will be given in
advance of any communication, if possible.
(2) The subject matter of the communications is limited to scientific
and technological exchanges. These may include discussions of
feasibility, risk, cost, and speed of implementation.
(3) The GSA office receiving the communication or participating in
the discussions maintains copies of the written communications and
written summaries of any discussions.
(c) Exemption for persons with special qualifications in a technical
discipline -- (1) Scope of the exemption. A former Government officer
or employee may be exempted from the restrictions on post-employment
practices if the following conditions are met:
(i) The Administrator certifies that:
(A) The former Government employee has outstanding qualifications in
a scientific, technological, or other technical discipline;
(B) The former employee is acting with respect to a particular matter
which requires such qualifications; and
(C) That the national interest would be served by the former
Government employee's participation;
(ii) The certification is published in the Federal Register.
(2) Limitations. The use of this exemption will be limited to
instances where the former Government employee's involvement is needed
on so continuous and comprehensaive a basis that compliance with the
procedures adopted for communication of technological information or
other actions to isolate the former Government employee from other
aspects of the matter, would be burdensome and impractical.
(3) GSA Registry. The Director of Organization and Personnel (H)
shall establish a registry for current employees, where the nature of
their qualifications in one or more technical fields is certified after
review by a supervisor as a basis for establishing such qualifications
in connection with, and to expedite a later request for, certification
should the necessity for such request arise. Employees in any component
of the GSA may apply through their supervisors, for positions on this
registry. A separate record will be maintained by the Office of
Organization and Personnel, listing those former employees for whom the
certification has been granted.
(45 FR 9273, Feb. 12, 1980, as amended at 48 FR 43685, Sept. 26,
1983)
41 CFR 105-735.223 Subpart 105-735.3 -- Statements of Employment and Financial Interests
41 CFR 105-735.301 General.
Employees and special Government employees in specified positions
(other than those required to file Financial Disclosure Reports on
Standard Form 278 ) are required to file statements of employment and
financial interests. GSA Forms 2157, Statement of Employment and
Financial Interest, for Use by all GSA employees except special
Government Employees; GSA Form 2158 is for use by special Government
employees of GSA.
(46 FR 25307, May 6, 1981)
41 CFR 105-735.302 Criteria for selection of positions subject to filing
requirement.
The following criteria govern selection of positions subject to the
requirement of filing Statements of Employment and Financial Interests.
Personnel designated to file Financial Disclosure Reports (Standard
Forms 278) are not subject to this requirement.
(a) Positions in grade GS-13 or above under 5 U.S.C. 5332, or at a
comparable pay level under another authority, the incumbents of which
are responsible for making Government decisions or taking a Government
action in regard to:
(1) Contracting or procurement;
(2) Administering or monitoring grants or subsidies;
(3) Regulating or auditing private or other non-Federal enterprise;
or
(4) Other activities where the decision or action has an economic
impact on the interests of any non-Federal enterprise.
(b) Positions in grade GS-13 or above under 5 U.S.C. 5332, or at a
comparable pay level under another authority, the duties of which
require the incumbent to report employment and financial interests to
avoid involvement in possible conflicts-of-interest situations and to
carry out the purpose of law, Executive order, and GSA regulations.
(c) Positions below grade GS-13 under 5 U.S.C. 5332, or at a
comparable pay level under another authority, that meet the criteria in
a or b above, and which have been specifically designated as exceptions
essential to protect the integrity of the Government by avoiding
employee involvement in conflicts of interest or apparent
conflicts-of-interest situations.
(d) Positions that meet the criteria of paragraph (a) of this section
may be excluded from the reporting requirement when:
(1) Duties are such that the likelihood of involvement in a
conflicts-of-interest situation is remote;
(2) Duties are at such a level of responsibility that submission of a
statement is not necessary because of the degree of supervision and
review over the incumbent or the inconsequential effect on the integrity
of the Government.
(e) With respect to special Government employees, a statement of
employment and financial interests is required whenever any special
Government employee is to be hired as a consultant or expert. All those
who are to be appointed experts and consultants are first required to
file Statements of Employment and Financial Interests (see ADM
2800.12A). Such statements shall be reviewed as required in Subpart
105-735.3 of this directive before a decision is made to hire the
individual as a special Government employee.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25308, May 6, 1981)
41 CFR 105-735.303 Identification of positions, the incumbents of which
must file Statements of Employment and Financial Interests.
(a) Heads of Central Office and Regional Services and Staff Offices
shall annually review position descriptions under their cognizance and
no later than March 15 of each year submit a recommendation to the
Special Counsel to the Administrator for Ethics (through the Regional
Counsel in the regions) identifying specific changes in the list of
positions that should be designated as requiring the incumbent to submit
a Statement of Employment and Financial Interests. For positions below
GS/GM-13, the recommendation shall be accompanied by an explanation as
to why the Statement is needed to protect the integrity of the
Government. (See 105-735.302.) The Associate Administrator for
Administration or the Regional Controller shall recommend any position
not in a service or staff office; for example, those in the
Administrator's or Regional Administrator's immediate office,
respectively.
(b) The recommendations shall contain a position description and a
description of the incumbents of the specified positions by name, title,
grade, and organizational location.
(c) The Special Counsel to the Administrator for Ethics will review
the recommendations and will designate each position that he determines
requires the incumbent to file a Confidential Statement of Employment
and Financial Interests.
(d) When a new position is established, or the duties of an existing
position are materially changed, the position shall be evaluated to
determine whether or not it should be designated as one requiring the
incumbent to submit a Statement of Employment and Financial Interests.
(e) New positions that qualify under the specified criteria shall be
promptly processed in the manner provided in paragraphs (a), (b), and
(c) of this section, so that the required statement may be submitted not
later than 30 days after the employee's entrance on duty in the new
position or the changed position.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25308, May 6, 1981;
48 FR 43685, Sept. 26, 1983)
41 CFR 105-735.304 Annual statements.
Annual statements shall be submitted on or before July 31 each year,
containing information current as of June 30 of that year. A complete
statement is required even if it reflects no change since the last
statement submitted. Notwithstanding the filing of the annual
statement, GSA personnel shall at all times avoid acquiring a financial
interest that could result, or taking an action that could result, in a
conflict of interests. Each special Government employee shall keep the
statement current throughout his or her employment with GSA by the
submission of supplementary statements.
41 CFR 105-735.305 Interests of relatives.
The interest of a spouse, minor child, or other member of an
employee's immediate household is considered to be an interest of the
employee. Such interest includes but is not limited to identification
of the individual's employer, financial holdings, and debts. For the
purpose of this section, ''member of an employee's immediate household''
includes those blood relations who are residents of the employee's
household and excludes in-laws. These provisions also apply to special
Government employees.
(46 FR 25308, May 6, 1981)
41 CFR 105-735.306 Information not known by employee.
If information required to be included on a statement including a
description of holdings placed in trust, is not known to the employee
but is known to another person, the employee shall request that other
person to submit information in his or her behalf.
41 CFR 105-735.307 Information excluded.
An employee is not required to submit information relating to the
employee's connection with, or interest in, a professional society or a
charitable, religious, social, fraternal, recreational, public service,
civic, or political organization or a similar organization not conducted
as a business enterprise. For this purpose, educational and other
institutions doing research and development or related work involving
grants of money from or contracts with the Government are deemed
''business enterprises'' and are required to be included in an
employee's statement. These provisions also apply to special Government
employees.
41 CFR 105-735.308 Confidentiality of statements.
Statements of employment and financial interests shall be held in
confidence. Access to information from the statements shall not be
disclosed except to carry out the purpose of this directive.
41 CFR 105-735.309 Effect of statements on other requirements.
The requirement for the Confidential Statement of Employment and
Financial Interests is in addition to, and not in substitution for, or
in derogation of, any similar requirement imposed by law, order, or
regulation, except that GSA personnel required to submit Financial
Disclosure Reports (Standard Form 278 or 278A) are not required to
submit Confidential Statements of Employment and Financial Interests.
The submission of a statement by GSA personnel does not permit them or
any other person to participate in a matter in which that participation
is prohibited by law, order, or regulation. These provisions also apply
to special Government employees.
41 CFR 105-735.310 Procedure in obtaining statements.
(a) For annual submissions, the appropriate supervisor shall have
delivered to the incumbent of each position designated by the
Administrator two copies of the statement of employment and financial
interests form on or before June 30. The original of the completed form
must be returned to the appropriate supervisor no later than July 31.
The services of a Deputy Standards of Conduct Counsellor are available
to advise and counsel the submitter if requested.
(b) The personnel office shall be responsible for ensuring that a
completed statement of employment and financial interests is obtained
from new GSA personnel who are subject to the requirement before or at
the time of entrance on duty. Such statements shall be forwarded for
review by the personnel office to the appropriate supervisor and then to
a Deputy Standards of Conduct Counsellor, as appropriate.
41 CFR 105-735.311 Responsibility for review of statements.
(a) Each appropriate supervisor as defined in 105-735.102(h), above,
is responsible for receiving and promptly reviewing all Statements of
Employment and Financial Interests submitted by subordinate employees,
and for promptly placing his or her comments thereon, dating and signing
them, with his or her position title, and forwarding them to the Deputy
Standards of Conduct Counsellor (Regional Counsel in the regions) for
further review. The Deputy Standards of Conduct Counsellor shall record
comments on the Statement, recommending action where appropriate to
resolve any conflict of interests, real or potential, revealed by the
Statement. If both the appropriate supervisor and Deputy Standards of
Conduct Counsellor concur that no conflict or apparent conflict exists,
the Deputy Standards of Conduct Counsellor shall endorse the Statement
accordingly, retain the original Statement and send a copy of the
Statement to the appropriate supervisor.
(b) If in the opinion of the Deputy Standards of Conduct Counsellor a
conflict or potential conflict is revealed by the Statement, that fact
shall be noted in the appropriate comment section; and the Deputy
Standards of Conduct Counsellor and the appropriate supervisor shall
immediately institute necessary action to resolve the conflict. The
Deputy Standards of Conduct Counsellor shall retain the original
Statement and send a copy of the Statement to the appropriate supervisor
after completion of review, and after any action necessary to remove any
real or potential conflict of interests.
(c) When controversy over means of resolution cannot be promptly
resolved, the matter shall be referred to the Head of a Service or Staff
Office or a Regional Administrator, as appropriate, for decision. See
105-735.312 for procedures to resolve conflicts. When the matter is
finally resolved, all relevant papers shall be returned with the
original Statement to the appropriate Deputy Standards of Conduct
Counsellor. The appropriate supervisor shall maintain a copy of the
Statement and a record of final action taken. Appropriate supervisors
and Deputy Standards of Conduct Counsellors are responsible for
safeguarding and retaining in locked metal cabinets the original and
duplicate Statements of Employment and Financial Interests referred to
above in accordance with the Privacy Act of 1974, as amended.
(d) All Statements of Employment and Financial Interests must be
reviewed by August 31 of each year. Resolution of any remaining real or
potential conflict of interests must be completed as soon as possible
after August 31 but no later than September 30 of each year. In cases
of questionable holdings of financial interests involving real or
potential conflicts of interest, the Deputy Standards of Conduct
Counsellor shall forward directly to the Special Counsel to the
Administrator for Ethics copies of the Statement of Employment and
Financial Interests concerned, the applicable position description for
the incumbents, and the rationale used in disposing of the matter. A
statistical report from each Deputy Standards of Conduct Counsellor
responsible for reviewing Statements of Employment and Financial
Interests shall be submitted to the Special Counsel to the Administrator
for Ethics not later than September 15 of each year. The statistical
report shall indicate the number of Statements required, the number of
Statements received, and the results and status of the review of the
Statements, including but not limited to the number of Statements in
which final review has been completed and those awaiting final
resolution. In the latter cases, a brief presentation of the problem
and the proposed disposition shall be stated.
(48 FR 43685, Sept. 26, l983)
41 CFR 105-735.312 Resolving conflicts of interest.
(a) When in the review of a Statement of Employment and Financial
Interests, the appropriate supervisor or a Deputy Standards of Conduct
Counsellor has reason to believe that a possible conflict of interests
exists, or more information on which to make a judgment is required, the
submitter shall be offered an opportunity to provide additional
information or to furnish any explanation deemed pertinent. This
information must be documented for the file and incorporated into the
statement.
(b) When, after consideration of the matters offered, a determination
is made that a conflict or potential conflict of interests exists, an
effort shall be made by the appropriate supervisor, in consultation with
the Deputy Standards of Conduct Counsellor and the individual submitter,
to resolve the conflict in a manner that is mutually acceptable. When
it cannot be satisfactorily resolved at the regional level or by the
Head of Service or Staff Office, as appropriate, the Deputy Standards of
Conduct Counsellor shall consult the Special Counsel to the
Administrator for Ethics.
(c) If all of the above efforts of the Deputy Standards of Conduct
Counsellor are unsuccessful in resolving a conflict or potential
conflict by decision of the Head of Service, Staff Office or Regional
Administrator, as appropriate, the case will be referred to the Special
Counsel to the Administrator for Ethics for final resolution by the
Administrator.
(d) Remedial action directed by the Administrator may include but is
not limited to one or more of the following:
(1) Disqualification for a particular assignment;
(2) Change in assigned duties, or termination of employment;
(3) Divestment by the employee or special Government employee of the
conflicting interests;
(4) Establishment of a blind trust; and
(5) Disciplinary action, including removal.
(46 FR 25308, May 6, 1981)
41 CFR 105-735.313 Employee complaint against filing requirement.
An employee required to file a statement of employment and financial
interests who believes that the position has been improperly included
under these regulations may request a review of such inclusion in
accordance with the GSA Grievance Procedure.
41 CFR 105-735.314 Inconsequential financial interests.
Financial interests of the following type are deemed too remote or
too inconsequential to affect the integrity of the employee's service
and need not be reported: Investments in Federal, State, or local
government bonds and notes; and investments in shares of a widely
diversified mutual fund or regulated investment company.
(46 FR 25309, May 6, 1981)
41 CFR 105-735.314 Subpart 105-735.4 -- Financial Disclosure Reports
41 CFR 105-735.401 General.
The Ethics in Government Act of 1978, as amended (the Act), requires
that GSA personnel in specified positions file periodic Financial
Disclosure Reports. For these individuals, this requirement is in lieu
of the Statement of Employment and Financial Interests required by
Executive order. Standard Form 278 shall be used by employees filing
annual reports, termination of employment reports, and by employees
required to file assumption of duty reports.
(46 FR 25309, May 6, 1981)
41 CFR 105-735.402 Who must file.
GSA personnel occupying positions specified in Title II of the Act or
positions designated by the Director of the Office of Government Ethics,
Office of Personnel Management.
41 CFR 105-735.403 Notice of obligation to file.
(a) The Assistant Administrator for Human Resources and Organization
shall record in each relevant position description that the incumbent is
required to file a Financial Disclosure Report. He shall provide each
such person with the appropriate report form upon assumption of the
duties of the position, upon termination of such duties, and annually no
later than 30 days prior to the May 15th filing deadline prescribed by
the Act. Vacancy announcements for appropriate positions shall contain
a statement that the incumbent will be subject to the financial
disclosure requirements of the Act.
(b) When providing each form, the Assistant Administrator for Human
Resources and Organization shall send the recipient, by name, a
memorandum explaining when and where to file, and shall provide the
Special Counsel to the Administrator for Ethics and the individual's
appropriate supervisor with a copy of the memorandum.
41 CFR 105-735.404 When to file.
(a) The individual shall file a Financial Disclosure Report within 30
calendar days of assuming a position described in Title II of the Act,
unless the individual has left another position described in Title II
within 30 days prior to assuming the new position. Individuals coming to
a position in GSA described in Title II of the Act from a similiar
position in another agency shall furnish a copy of their last report
filed with the former agency to the Special Counsel to the Administrator
for Ethics through their appropriate supervisor.
(b) The individual shall file a Financial Disclosure Report within 30
calendar days of terminating employment in a position requiring the
incumbent to submit a Financial Disclosure Report.
(c) The individual shall file a Financial Disclosure Report no later
than May 15 of each calendar year, if the employee occupied a position
described in Title II of the Act during the preceding calendar year and
performed those duties for more than 60 days in that year.
(46 FR 25309, May 6, 1981)
41 CFR 105-735.405 Where to file.
Reports shall be filed with the Special Counsel to the Administrator
for Ethics through the individual's appropriate supervisor, who shall
first review it and record the required endorsement in the ''Comments''
section as stated in 105-735.407.
(46 FR 25309, May 6, 1981)
41 CFR 105-735.406 Extensions of time.
The Special Counsel to the Administrator for Ethics may extend the
date of filing for 20 calendar days, and an additional 15 calendar days
upon a written request stating good cause. GSA personnel desiring
additional time shall make their request to the Special Counsel, who
shall forward the request to the Office of Government Ethics.
41 CFR 105-735.407 Review of reports.
(a) A reporting individual shall submit the report to his or her
appropriate supervisor for review. The appropriate supervisor shall,
within ten days of receipt, make a signed and dated statement in the
''Comments'' section of the report, stating whether or not the report
reveals a conflict or the appearance of a conflict with the employee's
official duties, and shall immediately forward the report to the Special
Counsel to the Administrator for Ethics by the most expeditious means,
meanwhile taking action to avoid the reporting individual's
participation in matters involving a conflict or apparent conflict.
(b) The Special Counsel shall ensure that all reports are reviewed on
a priority basis, and in any event, within 60 days of filing.
(c) If the Special Counsel concludes that the reporting individual is
in compliance with applicable laws or regulations, that finding shall be
entered on the report, the report signed and dated, and the reporting
individual duly notified in writing.
(d) If the Special Counsel believes that additonal information is
required, the reporting individual shall be informed of the information
required and the time by which it must be submitted.
(e) If, on the basis of the information provided, the Special Counsel
concludes that a reporting individual is not in compliance with
applicable laws and regulations, the reporting individual and his or her
appropriate supervisor shall be so notified. The reporting individual
shall be afforded a reasonable opportunity for a written or oral
response. After consideration of the response, the Special Counsel
shall reach an opinion as to whether or not the individual is in
compliance.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25309, May 6, 1981)
41 CFR 105-735.408 Procedures for resolving noncompliance.
(a) If, after opportunity for an oral or written response, the
Special Counsel to the Administrator for Ethics concludes the individual
is not in compliance, the Special Counsel shall notify the individual
and, after an opportunity for personal consultation (if practicable),
notify the reporting individual in writing of the steps by the employee
considered appropriate for assuring compliance and the date by which
those steps should be taken. Steps may include: (1) Divestiture; (2)
restitution; (3) establishment of a qualified trust; (4) request for
an exemption under section 208(b) of Title 18, U.S.C.; (5) voluntary
request for transfer, reassignment, limitation of duties, or
resignation. (See 105-735.202(d)(4) of this part.)
(b) If steps for assuring compliance are not taken by the employee by
the date set, the matter shall be referred by the Special Counsel to the
Administrator for Ethics to the Administrator for appropriate
disposition.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25309, May 6, 1981)
41 CFR 105-735.409 Penalties for failure to comply with reporting
requirements.
(a) The Special Counsel to the Administrator for Ethics shall report
to the Administrator the name of any individual who willfully fails to
file a report; who willfully fails to report required information; or
who is reasonably believed to have willfully falsified a report.
(b) The Administrator will afford the individual an opportunity to
explain his or her actions. Any unresolved matter will be referred to
the Attorney General, and administrative disciplinary action may also be
instituted.
41 CFR 105-735.410 Public access and copying.
Financial Disclosure Reports are available for public inspection and
copying in accordance with the Act. Financial Disclosure Reports are
filed in GSA's Office of Ethics, 18th & F Streets, N.W., Washington, D.
C. 20405.
(46 FR 25309, May 6, 1981)
41 CFR 105-735.411 Notices of conflicts and potential conflicts.
The Special Counsel to the Administrator for Ethics shall maintain
and periodically publish a list of those circumstances which have
resulted or may result in noncompliance with conflict of interest laws
or regulations. Absence of a particular item from this list shall not
be construed as an indication that the situation does not constitute a
conflict or appearance of a conflict of interests or a violation of laws
or regulations.
41 CFR 105-735.411 Subpart 105-735.5 -- Miscellaneous Statutory Provisions
41 CFR 105-735.501 Summary of pertinent conflict of interest laws.
(a) 18 U.S.C. 203. Prohibitions in subsection (a) of this statute are
encompassed by prohibitions in 18 U.S.C. 205 below. Subsection (b)
makes it unlawful to offer or to pay compensation, the solicitation or
receipt of which is barred by subsection (a).
(b) 18 U.S.C. 205. (1) This section prohibits Government personnel
from acting as agent or attorney for anyone else before a department,
agency, or court in connection with any particular matter in which the
United States is a party or has a direct and substantial interest.
(2) The following exemptions are allowed:
(i) Section 205 does not prevent Government personnel from giving
testimony under oath or making statements required to be made under
penalty of perjury or contempt or from representing another person,
without compensation, in a disciplinary, loyalty, or other personnel
matter.
(ii) Section 205 also authorizes a limited waiver of its restrictions
and those of section 203 for the benefit of an officer or employee,
including a special Government employee, who represents his or her own
parents, spouse, or fiduciary. The waiver is available only if approved
by the official making appointments to the position. In no event does
the waiver extend to representation of any such person in matters in
which he or she has participated personally and substantially or which,
even in the absence of such participation, are the subject of his or her
official responsibility.
(iii) Finally, section 205 gives the head of a department or agency
the authority to allow a special Government employee to represent his or
her regular employer or other outside organization in the performance of
work under a Government grant or contract, if the department or agency
head certifies and publishes in the Federal Register, that the national
interest requires such representation.
(c) 18 U.S.C. 208. (1) Paragraph (a) of this section requires
executive branch personnel to refrain from participating as Government
personnel in any ''particular matter'' in which they, their spouse,
minor children, or partners have financial interests or in which
businesses or nonprofit organizations with which such personnel are
connected or are seeking employment have financial interests. A
''particular matter'' may be less concrete than an actual contract, but
is something more specific than rulemaking or abstract scientific
principles. The test is whether the individual might reasonably
anticipate that his or her Government action, or the decision in which
he or she participates or with respect to which he or she advises, will
have a direct and predictable effect upon such financial interests. A
financial interest includes negotiating or making an arrangement for
prospective outside employment.
(2) Paragraph (b) permits agencies to grant an ad hoc exemption from
subsection (a) if the outside financial interest is deemed not
substantial enough to affect the integrity of Government services.
Categories of financial interests may also be made nondisqualifying by a
general regulation published in the Federal Register.
(d) 18 U.S.C. 209. Paragraph (a) prevents executive branch personnel
from receiving, and anyone from paying them, any salary or
supplementation of salary from a private source as compensation for
their Government service. Paragraph (b) permits participation in a bona
fide pension plan or other employee welfare or benefit plan maintained
by a former employer. Paragraph (c) exempts special Government
employees and anyone serving the Government without compensation.
Paragraph (d) exempts contributions, awards, or other expenses under the
Government Employees Training Act (5 U.S.C. 2301-2319).
(e) 18 U.S.C. 207, Applicable to former Government personnel -- (1)
Restrictions applicable to all former officers and employees. (i)
Permanent bar. A former Government employee is permanently barred from
serving as agent or attorney for anyone other than the United States
before any Government office or agency on any particular matter
involving specific parties in which the former officer or employee had
participated personally and substantially while with the Government.
(ii) Two-Year bar. A restriction similar to the one summarized above
revents a former employee for two years from representational activities
on all particular matters which were actually pending under the former
employee's ''official responsibility'' during the one-year period prior
to the termination of such responsibility.
(2) Restrictions applicable only to ''senior employees.'' (i)
Identification of ''senior employees'': There are three types of senior
employees. Two are named automatically by statute: civilians at the
Executive Level and active duty military personnel at grades 09 or
above. The third group consists of persons holding positions that first
must be ''designated'' as senior employees by the Director of the Office
of Government Ethics. The positions must involve significant
decision-making or supervisory responsibility and be at a basic rate of
pay of GS-17 or above or within the Senior Executive Service, or, in the
case of military members, be held by active duty officers at grades 0-7
or 0-8.
(ii) Two-year ban on assisting in representation by personal
presence. A former senior employee may not assist in the representation
of another person by personal presence at an appearance before the
Government on any particular matter in which the former employee
personally and substantially participated while with the Government.
(iii) One-year ban on attempts to influence former agency. A former
senior employee may not represent another person or himself in
attempting to influence his own former agency on a matter pending
before, or of substantial interest to, such agency. Certain
communications are exempted from this provision. These include
communications by former senior employees who are employed by State or
local governments or by certain educational or medical institutions.
Other exempt communications are those that are purely social or
informational, communications on matters that are personal, including
any expressions of personal views where the former employee has no
pecuniary interest, and responses to a former agency's requests for
information.
(3) Scientific and technological communications. The prohibitions
discussed above do not apply with respect to communications made solely
for the purpose of furnishing scientific or technological information
under specific procedures.
(4) Implementing regulations. Detailed regulations implementing this
law have been published by the Director, Office of Government Ethics.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25310, May 6, 1981;
48 FR 43686, Sept. 26, 1983)
41 CFR 105-735.502 Laws applicable to GSA personnel.
There are legal prohibitions concerning the following activities
which may subject present and former GSA personnel to criminal or other
penalties:
(a) Aiding, abetting, counseling, commanding, inducing, or procuring
another to commit a crime under any criminal statute (see 18 U.S.C. 2).
(b) Concealing or failing to report to proper authorities the
commission of a felony under any criminal statute if such personnel knew
of the actual commission of the crime (see 18 U.S.C. 4).
(c) Conspiring with one or more persons to commit a crime under any
criminal statute or to defraud the United States, if any party to the
conspiracy does any act to effect the object of the conspiracy (see 18
U.S.C. 371).
(d) Lobbying with appropriated funds (see 18 U.S.C. 1913).
(e) Disloyalty and striking (see 5 U.S.C. 7311, 18 U.S.C. 1918).
(f) Disclosure of classified information (see 18 U.S.C. 798, 50 U.S.
C. 783); and disclosure of confidential information (see 18 U.S.C.
1905).
(g) Habitual use of intoxicants to excess (see 5 U.S.C. 7352).
(h) Misuse of a Government vehicle (see 31 U.S.C. 638a(c)(2)).
(i) Misuse of the franking privilege (see 18 U.S.C. 1719).
(j) Deceit in an examination or personnel action in connection with
Government employment (see 18 U.S.C. 1917).
(k) Committing fraud or making false statements in a Government
matter (see 18 U.S.C. 1001).
(l) Mutilating or destroying a public record (see 18 U.S.C. 2071).
(m) Counterfeiting and forging transportation requests (see 18 U.S.
C. 508).
(n) Embezzlement of Goverment money or property (see 18 U.S.C. 641);
failing to account for public money (see 18 U.S.C. 643); and
embezzlement of the money or property of another person in the
possession of an employee by reason of his Government employment (see 18
U.S.C. 654).
(o) Unauthorized use of documents relating to claims from or by the
Government (see 18 U.S.C. 285).
(p) Certain political activities (see 5 U.S.C. 7321-7327 and 18 U.S.
C. 602, 603, and 607).
(q) Any person who is required to register under the Foreign Agents
Registration Act of 1938 (see 18 U.S.C. 219) may not serve the
Government as an officer or employee. The section does not apply to
Reserves who are not on active duty or who are on active duty for
training, or a special Government employee in any case in which the
department head certifies to the Attorney General that his or her
employment by the United States Government is in the national interest.
(r) Soliciting contributions for gifts or giving gifts to superiors,
or accepting gifts from subordinates (see 5 U.S.C 7351).
(s) Acceptance of excessive honorariums (see 2 U.S.C. 441(i)).
(t) Acceptance, without the consent of the Congress, of any present,
employment, office or title, of any kind whatever, from any king,
prince, or foreign state by a person holding any office of profit or in
trust of the Federal Government. (Art. 1, Sec. 9, U.S. Constitution,
and Pub. L. 95-105, Foreign Gifts and Decorations Act of 1966, as
amended). (See 5 U.S.C. 7342) and the current issuance of GSA Order.
Acceptance of gifts and decorations from foreign governments by GSA
employees (OAD 7880.2).
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25310, May 6, 1981)
41 CFR 105-735.503 Code of ethics for Government service.
All GSA personnel shall adhere to the Code of Ethics for Government
Service (Pub. L. 96-303, unanimously passed by the Congress of the
United States on June 27, 1980, and signed into law by the President on
July 3, 1980). Copies of the code shall be prominently posted
throughout offices and other spaces as required by regulations of the
Public Buildings Service implementing Pub. L. 96-303. The code
provides:
(a) Any person in Government service should:
(1) Put loyalty to the highest moral principles and country above
loyalty to persons, party, or Government department.
(2) Uphold the Constitution, laws, and legal regulations of the
United States and of all governments therein and never be a party to
their evasion.
(3) Give a full day's labor for a full day's pay, giving earnest
effort and best thought to the performance of duties.
(4) Seek to find and employ more efficient and economical ways of
getting tasks accomplished.
(5) Never discriminate unfairly by the dispensing of special favors
or privileges to anyone, whether for remuneration or not; and never
accept, for himself or herself or for family members, favors or benefits
under circumstances which might be construed by reasonable persons as
influencing the performance of governmental duties.
(6) Make no private promises of any kind binding upon the duties of
office, since a Government employee has no private word which can be
binding on public duty.
(7) Engage in no business with the Government, either directly or
indirectly, which is inconsistent with the conscientious performance of
his governmental duties.
(8) Never use any information gained confidentially in the
performance of governmental duties as a means of making private profit.
(9) Expose corruption wherever discovered.
(10) Uphold these principles, ever conscious that public office is a
public trust.
(45 FR 9273, Feb. 12, 1980, as amended at 46 FR 25310, May 6, 1981)
41 CFR 105-735.503 Subpart 105-735.6 -- Violation of Post Federal
Employment Prohibitions
Authority: Sec. 501(a), 92 Stat. 1867 (18 U.S.C. 207(J); 5 CFR
737.27).
Source: 47 FR 6848, Feb. 17, 1982, unless otherwise noted.
41 CFR 105-735.601 General.
(a) The Director, GSA Office of Ethics, and the Inspector General of
GSA shall be promptly notified of receipt of information indicating that
a former GSA employee (including a special government employee as
defined in section 202, of Title 18, United States Code), has violated
any of the post Federal employment prohibitions contained in sections
207 (a), (b), or (c) of Title 18, United States Code.
(b) If the Inspector General of GSA, after appropriate review,
determines that there is reasonable cause to believe that the former
employee has violated section 207 (a), (b), or (c) of Title 18, United
States Code, or the regulations implementing the foregoing statutory
provisions that have been published by the Office of Personnel
Management in the Federal Register, he shall (1) provide the Director,
Office of Government Ethics and the Criminal Division, U.S. Department
of Justice, and the Director, GSA Office of Ethics with the available
information concerning the alleged violation, as well as copies of the
pertinent agency regulations and such comments as are deemed
appropriate, and (2) recommend to the Administrator, General Services,
what action be taken pursuant to 105-735.602(a) hereunder.
(c) Any investigation or other administrative action taken by GSA in
the matter shall be coordinated with the U.S. Department of Justice to
avoid prejudice to possible criminal proceedings.
41 CFR 105-735.602 Notification and opportunity for hearing.
(a) If the Department of Justice acquiesces, the following action
shall be promptly taken. The Director, Office of Ethics shall notify
the former employee that:
(1) The Inspector General of the General Services Administration, has
recommended that, based on information received, the Administrator of
General Services (hereinafter the Administrator) make a finding pursuant
to section 207(j) of Title 18. United States Code, that the former
employee has violated certain specified post Federal employment
prohibitions in section 207 (a), (b), or (c), and that the
Administrator, if he makes such a finding, institute such administrative
sanctions as he deems appropriate against the former employee.
(2) The specific violations that are alleged against him or her in
sufficient detail to permit the preparation of an adequate defense.
(3) The former employee has the right to:
(i) Present information to the Administrator or his designee in
opposition to the recommendation in person, in writing, and if desired,
through a designated representative, or
(ii) Request a hearing before GSA's Board of Appeals (conducted by an
examiner in accordance with the Board's published rules) by addressing
such request to: Board of Appeals, General Services Administration,
Washington, DC 20405.
(4) The hearing rights are as set forth in 105-735.603 below.
(5) If a hearing is held, no individual who has participated in the
decision to initiate the proceedings may serve as an examiner at the
hearing.
(6) The period of time to be afforded for decision as to presentation
of information for consideration, or for requesting a hearing.
(b) A copy of these regulations will be provided with the foregoing
notification.
(c) The period of time to be afforded for notifying GSA of a decision
to present information for consideration or for requesting a hearing
shall be limited to 20 days from receipt of the notification described
in paragraph (a) of this section, unless the former employee requests
and is granted additional time before the expiration of the 20-day
period.
(d) Notification or a copy thereof shall be served upon the former
employee by certified mail; return receipt requested; by delivering it
to the former employee or his/her attorney or agent of record either in
person; or by leaving it at the office or place of business of the
former employee, attorney or agent; in any other manner which has been
agreed to by the former employee.
(e) Any paper other than the notification may be served upon a former
employee as provided in paragraph (d) of this section or by mailing the
paper by first-class mail to the former employee at Office of Ethics,
GSA, the last address known to the Director, or by mailing the paper by
first-class mail to the former employee's attorney or agent of record.
Such mailing shall constitute complete service.
(f) Whenever the filing of a paper is required or permitted in
connection with a proceeding, and the place of filing is not specified
by this subpart or by rule or order of the examiner, the paper shall be
filed with the Director, Office of Ethics, General Service
Administration, 18th & F Streets, NW., Washington, D.C. 20405. All
papers shall be filed in duplicate.
41 CFR 105-735.603 Hearings.
(a) If a hearing is requested and granted in accordance with
105-735.602(c) of this part, the hearing shall be conducted at a
reasonable time, date, and place.
(b) In setting a hearing date, the examiner shall give due regard for
the former employee's need for:
(1) Adequate time to prepare a defense properly, and
(2) An expeditious resolution of allegations that may be damaging to
his or her reputation.
(c) A hearing shall include, at a minimum, the following rights:
(1) To represent oneself or to be represented by counsel,
(2) To introduce and examine witnesses and to submit physical
evidence,
(3) To confront and cross-examine adverse witnesses,
(4) To present oral argument, and
(5) To a transcript or recording of the proceedings, if requested in
advance and ordered by the examiner.
(d) In the hearing, the agency has the burden of proof and must
establish substantial evidence of a violation.
(e) The examiner shall make a written determination and
recommendation to the Administrator exclusively on matters of record in
the proceeding, and shall set forth in the decision all findings of fact
and conclusions of law relevant to the matters at issue.
(f) Within 10 days of the date of receipt of the determination and
recommendation the former employee may submit objections to the
Administrator.
41 CFR 105-735.604 Action by the Administrator.
(a) When the former employee has presented information, pursuant to
105-735.602(a)(3)(i) of this part, or has sent his objections to the
determination and recommendation of the examiner. The Administrator
shall consider the information presented to him by the Inspector General
of GSA and by or on behalf of the former employee, or (in the case of a
hearing) the record or portions of the record of the proceedings as
described in 105-735.603(f) of this part, and together with the
objectives, if any, and shall take such action thereon as he deems
appropriate as set forth in paragraph (b) of this section after
consultation with the Director, Office of Ethics.
(b) If the Administrator finds, after the requirements for notice and
opportunity to present information or for a hearing and objections as
set forth above have been satisfied, that the former employee has
violated section 207(a), (b), or (c) of Title 18, United States Code,
the Administrator may prohibit that person from making, on behalf of any
other person (except the United States), any informal or formal
appearance before, or, with the intent to influence, any oral or written
communication to GSA on a pending matter of business for a period not to
exceed five years, or may take other appropriate disciplinary action.
41 CFR 105-735.605 Period of prohibition and disciplinary action.
(a) Any period of prohibited appearance or communications ordered by
the Administrator shall be for a reasonable and specified period of
time, commensurate with the seriousness of the conduct on which the
prohibition is based, and may not exceed five years.
(b) Appropriate disciplinary action may include a private letter of:
(1) Warning,
(2) Admonition, or
(3) Reprimand.
(c) If disciplinary action is taken, the former employee shall be
promptly notified that such action is subject to review in an
appropriate United States District Court.
41 CFR 105-735.606 Records.
The roster of all persons prohibited from practice before the agency
shall be available to public inspection at the Office of Ethics. Other
records may be disclosed upon specific request, in accordance with
appropriate disclosure regulations of the agency.
41 CFR 105-735.606 Subpart 105-735.7 -- Special Provisions Relating to
the GSA Board of Contract Appeals
Source: 48 FR 32989, July 20, 1983, unless otherwise noted.
41 CFR 105-735.701 Purpose.
The GSA Board of Contract Appeals (the Board) was established in GSA
as an independent statutory tribunal to hear and decide contract
disputes between contractors and GSA and other agencies of the United
States. The Board also furnishes hearing examiners for the GSA
Suspension and Debarment Board, an administrative hearing body for
suspension and debarment actions. This subpart prescribes standards of
conduct relating to the Board and supplements existing statutes and
regulations which govern the conduct of Federal employees, including the
Ethics in Government Act of 1978, the Hatch Act, and the other standards
of conduct in this part. The purpose of this subpart is to ensure that
standards of conduct are observed, enforced, and maintained with regard
to persons appearing before the Board, members of the public, and GSA
personnel so that the integrity, impartiality, and independence of the
Board are preserved.
41 CFR 105-735.702 GSA personnel.
The agency is a party before the Board. Accordingly, GSA personnel
must at all times preserve and uphold the integrity, impartiality, and
independence of the Board, and are prohibited from making ex parte
communications to administrative judges and employees of the Board that
may be relevant to the merits of a proceeding that is or may come before
the Board. Employees of the Board must comply with the directions of an
administrative judge given pursuant to this subpart.
41 CFR 105-735.703 Integrity, impartiality, and independence.
The integrity, impartiality, and independence of the Board are
indispensable to its function of adjudicating disputes between the
United States Government and its contractors. The administrative judges
of the Board must participate in establishing, maintaining, and
enforcing, and must observe, high standards of conduct so that
integrity, impartiality, and independence may be preserved. The
provisions of this subpart are to be construed and applied to further
that objective.
41 CFR 105-735.704 Impropriety and the appearance of impropriety.
(a) An administrative judge must respect and comply with the law,
provide to litigants the procedural fairness that is due, and act at all
times in a manner that promotes public confidence in the integrity,
impartiality, and independence of the Board.
(b) An administrative judge must not allow family, social, or other
relationships to influence official conduct or judgment. An
administrative judge must not lend the prestige of the office to advance
the private interests of others, nor convey or permit others to convey
the impression that they are in a special position of influence.
41 CFR 105-735.705 Performance of duties.
In the performance of an administrative judge's duties, the following
standards apply:
(a) Adjudicative responsibilities. (1) An administrative judge must
be faithful to the law and maintain professional competence in it. An
administrative judge must be unswayed by partisan interests, public
clamor, or fear of criticism.
(2) An administrative judge should maintain order and decorum in
proceedings.
(3) An administrative judge should be patient, dignified, and
courteous to litigants, witnesses, attorneys, and others with whom the
administrative judge deals in an official capacity, and should require
similar conduct of employees of the Board and others subject to the
administrative judge's direction and control.
(4) An administrative judge must accord to all persons who are
legally interested in a proceeding, or their attorneys, the full right
to be heard according to law. Except as authorized by law, an
administrative judge may neither initiate nor consider ex parte
communications that may be relevant to the merits of a proceeding that
is pending or impending before the Board, and must require the same
abstention on the part of employees of the Board. An administrative
judge who receives any ex parte communication that may be relevant to
the merits of a pending or impending proceeding must place on the public
record of the proceeding:
(i) All such written communications;
(ii) Memoranda stating the substance of all such oral communications;
and
(iii) All written responses, and memoranda stating the substance of
all oral responses, to the materials described in paragraphs (a)(4) (i)
and (ii) of this section.
An administrative judge must require employees of the Board who
receive any ex parte communication that may be relevant to the merits of
a pending or impending proceeding to report it to an administrative
judge for inclusion in the public record of the proceeding in accordance
with paragraph (a)(4) of this section.
(5) An administrative judge should dispose promptly of pending
business of the Board.
(6) An administrative judge should abstain from public comment about
a pending or impending proceeding or issue before the Board and should
require similar abstention on the part of employees of the Board and
other persons subject to the administrative judge's direction and
control. This subdivision does not prohibit administrative judges from
explaining for public information the procedures of the Board.
(7) An administrative judge should prohibit broadcasting, televising,
or taking photographs in the hearing room and areas immediately adjacent
thereto during proceedings or recesses between proceedings, except that,
in the administrative judge's discretion, the use of electronic, video,
or photographic recording may be authorized.
(b) Administrative responsibilities. (1) An administrative judge
must diligently discharge assigned administrative responsibilities,
maintain professional competence in judicial administration, and
facilitate the performance of the administrative responsibilities of
other administrative judges and employees of the Board.
(2) An administrative judge should require employees of the Board and
other persons subject to the administrative judge's direction and
control to observe the standards of fidelity and diligence that apply to
the administrative judge.
(3) An administrative judge should criticize and correct
unprofessional conduct of lawyers of which the administrative judge may
become aware in the performance of official duties, and, if adverse
comment is not a sufficient corrective, should initiate appropriate
disciplinary measures with the proper authorities.
(c) Disqualification. (1) An administrative judge must disqualify
himself or herself in any proceeding in which the administrative judge's
impartiality might reasonably be questioned, including, but not limited
to, instances when:
(i) The administrative judge has a personal bias or prejudice
concerning a party, or personal knowledge of disputed evidentiary facts
concerning the proceeding;
(ii) In private practice or governmental employment the
administrative judge served as attorney or participated in another
representative or advisory capacity in the matter in controversy; or a
lawyer or other person with whom the administrative judge was previously
associated served during such association as a representative or
advisory participant in the matter; or the administrative judge or such
associate has been a witness concerning the matter;
(iii) The administrative judge knows that he or she, individually or
as a fiduciary, has a financial interest in the subject matter in
controversy or in a party to the proceeding, or any other interest that
could be affected by the outcome of the proceeding;
(iv) The administrative judge or the administrative judge's spouse,
child, parent, brother, sister, uncle, aunt, nephew, or niece:
(A) Is a party to the proceeding, or an officer, director, or trustee
of a party;
(B) Is acting as an attorney in the proceeding;
(C) Is known by the administrative judge to have a financial or other
interest that could be affected by the outcome of the proceeding; or
(D) Is to the administrative judge's knowledge likely to be a witness
in the proceeding.
(2) An administrative judge must be knowledgeable about his or her
personal and fiduciary financial interests, and make a reasonable effort
to be informed about the personal financial interests of his or her
spouse and minor children residing in the administrative judge's
household.
(3) For the purposes of this paragraph the following words or phrases
shall have the meaning indicated:
(i) ''Fiduciary'' includes such relationships as executor,
administrator, trustee, and guardian;
(ii) ''Proceeding'' includes prehearing, hearing, or any other stage
of litigation.
41 CFR 105-735.706 Outside activities.
An administrative judge, subject to the proper performance of
judicial duties, may engage in the following activities, if in doing so
doubt is not cast on the capacity to decide impartially any issue that
may come before the Board:
(a) Speak, write, lecture, teach, and participate in other activities
concerning the law, the legal system, and the administration of justice.
(b) Unless otherwise prohibited by law or this subpart, appear at a
public hearing before an executive or legislative body or official and
otherwise consult with an executive or legislative body or official.
(c) Serve as a member, officer, or director of an organization or
governmental agency devoted to the improvement of the law, the legal
system, or the administration of justice. An administrative judge may
assist such an organization in raising funds but should not personally
participate in public fund-raising activities. An administrative judge
should not give investment advice to such an organization, but may serve
on its board of directors or trustees even though it has the
responsibility for approving investment decisions. An administrative
judge may make recommendations to public and private fund-granting
agencies on projects and programs concerning the law, the legal system,
and the administration of justice.
41 CFR 105-735.707 Extra-judicial activities.
(a) Avocational activities. An administrative judge may write,
lecture, teach, and speak on non-legal subjects, and engage in the arts,
sports, and other social and recreational activities, if such
avocational activities do not detract from the dignity of the office or
interfere with the performance of judicial duties.
(b) Civic and charitable activities. An administrative judge may
participate in civic and charitable activities that do not reflect
adversely upon impartiality or interfere with the performance of
judicial duties. An administrative judge may serve as an officer,
director, trustee, or non-legal advisor of an educational, religious,
charitable, fraternal, or civic organization not conducted for the
economic or political advantage of its members, subject to the following
limitations:
(1) An administrative judge should not serve if it is likely that the
organization will be engaged in proceedings that would ordinarily come
before the administrative judge or will be regularly engaged in
adversary proceedings before the Board.
(2) An administrative judge should not solicit funds for any
educational, religious, charitable, fraternal, or civic organization, or
use or permit the use of the prestige of the administrative judge's
office for that purpose.
(3) An administrative judge should not give investment advice to such
an organization, but may serve on its board of directors or trustees
even though it has the responsibility for approving investment
decisions.
(c) Financial activities. (1) An administrative judge must refrain
from financial and business dealings that tend to reflect adversely on
impartiality, interfere with the proper performance of judicial duties,
exploit the administrative judge's judicial position, or involve the
administrative judge in frequent transactions with lawyers or persons
likely to come before the Board.
(2) Subject to the requirements of paragraph (c)(1) of this section,
an administrative judge may hold and manage his or her investments,
including real estate, and engage in other remunerative activity.
(3) An administrative judge must manage his or her financial
interests to minimize the number of cases in which the administrative
judge is disqualified. As soon as the administrative judge can do so
without serious financial detriment, the administrative judge must
divest himself or herself of financial interests that might require
frequent disqualification.
(d) Fiduciary activities. An administrative judge may not serve as
an executor, administrator, trustee, guardian or other fiduciary, if
such service will interfere with the proper performance of judicial
duties. He or she should not serve if it is likely that as a fiduciary
the administrative judge will be engaged in proceedings that would
ordinarily come before the Board, or if the estate, trust, or ward
becomes involved in proceedings before the Board. While acting as a
fiduciary, an administrative judge is subject to the same restrictions
on financial activities that apply to the administrative judge in the
administrative judge's personal capacity.
(e) Arbitration. An administrative judge may not act as an
arbitrator or mediator.
(f) Practice of law. An administrative judge may not engage in the
practice of law for compensation unless otherwise permitted by this
part.
(g) Extra-judicial appointments. An administrative judge may not
accept appointment to a government committee, commission, or other
position that is concerned with issues of fact or policy on matters
which are likely to come before the Board.
41 CFR 105-735.708 Appropriate compensation.
Subject to statute and GSA regulations, an administrative judge may
receive compensation and reimbursement of expenses for activities
outside the scope of judicial duties permitted by 105-735.706 and
105-735.707.
41 CFR 105-735.709 Effective date of compliance.
A person to whom this subpart becomes applicable must arrange his or
her affairs as soon as reasonably possible to comply with it.
41 CFR 105-735.709 41 CFR Ch. 109 (7-1-92 Edition)
41 CFR 105-735.709 Department of Energy
41 CFR 105-735.709 CHAPTER 109 -- DEPARTMENT OF ENERGY PROPERTY MANAGEMENT REGULATIONS
41 CFR 105-735.709 SUBCHAPTER A -- GENERAL
Part
Page
109-1 Introduction
41 CFR 105-735.709
41 CFR 105-735.709 SUBCHAPTER B (RESERVED)
41 CFR 105-735.709 SUBCHAPTER C -- DEFENSE MATERIALS
109-14 National Defense Stockpile
41 CFR 105-735.709
41 CFR 105-735.709 SUBCHAPTER D (RESERVED)
41 CFR 105-735.709 SUBCHAPTER E -- SUPPLY AND PROCUREMENT
109-25 General
109-26 Procurement sources and programs
109-27 Inventory management
109-28 Storage and distribution
109-29 Federal specifications and standards
109-30 Federal Catalog System
41 CFR 105-735.709
41 CFR 105-735.709 SUBCHAPTER F -- ADP AND TELECOMMUNICATIONS
109-35 Telecommunications
109-36 ADP management
41 CFR 105-735.709
41 CFR 105-735.709 SUBCHAPTER G -- TRANSPORTATION AND MOTOR VEHICLES
109-38 Motor equipment management
109-39 Interagency motor vehicle pools
109-40 Transportation and traffic management
41 CFR 105-735.709
41 CFR 105-735.709 SUBCHAPTER H -- UTILIZATION AND DISPOSAL
109-42 Property rehabilitation services and facilities
109-43 Utilization of personal property
109-44 Donation of personal property
109-45 Sale, abandonment, or destruction of personal property
109-46 Utilization and disposal of personal property pursuant to
exchange/sale authority
109-48 Utilization, donation, or disposal of abandoned and forfeited
personal property
109-50 Programmatic disposal of DOE property
41 CFR 105-735.709
41 CFR 105-735.709 SUBCHAPTER I -- INDUSTRIAL PLANT EQUIPMENT
109-51 Loans of industrial plant equipment from the defense
industrial plant equipment center
41 CFR 105-735.709
41 CFR 105-735.709 SUBCHAPTER J (RESERVED)
41 CFR 105-735.709 SUBCHAPTER K -- GOVERNMENT PROPERTY IN THE POSSESSION
OF OFF-SITE CONTRACTORS
109-60 Management of government property in the possession of
off-site contractors
41 CFR 105-735.709
41 CFR 105-735.709 41 CFR Ch. 109 (7-1-92 Edition)
41 CFR 105-735.709 Department of Energy
41 CFR 105-735.709 SUBCHAPTER A -- GENERAL
41 CFR 105-735.709 PART 109-1 -- INTRODUCTION
41 CFR 105-735.709 Part 109-1
Sec.
109-1.000-50 Scope of part.
41 CFR 105-735.709 Subpart 109-1.1 -- Regulation System
109-1.100-50 Scope of subpart.
109-1.100-51 Definitions.
109-1.102-50 Department of Energy Property Management Regulations.
109-1.103-50 DOE-PMR Bulletins.
109-1.104-50 Publication and distribution of DOE-PMR.
109-1.104-1-50 Publication.
109-1.104-2-50 Distribution.
109-1.106-50 Applicability of Federal and Departmental regulatory
issuances.
109-1.107-50 Consultation regarding DOE-PMR.
109-1.108 Agency implementation and supplementation of FPMR.
109-1.109-50 Numbering of DOE-PMR.
109-1.110-50 Deviation procedures.
41 CFR 105-735.709 Subpart 109-1.50 -- Personal Property Management
Program
109-1.5000 Scope of subpart.
109-1.5001 Policy.
109-1.5002 Property management program objectives.
109-1.5003 Definitions.
109-1.5004 Delegation of authority.
109-1.5005 Responsibilities.
109-1.5005-1 The Director of Procurement and Assistance Management.
109-1.5005-2 The Departmental Property Management Officer.
109-1.5005-3 The Director of Administration.
109-1.5005-4 Director, Office of Procurement Operations, Procurement
and Assistance Management.
109-1.5005-5 Heads of field offices.
109-1.5005-6 Organizational Property Management Officer.
109-1.5005-7 Contracting officers.
41 CFR 105-735.709 Subpart 109-1.51 -- Personal Property Management
Standards and Practices
109-1.5100 Scope of subpart.
109-1.5101 Definition.
109-1.5102 Official use of property.
109-1.5103 Maximum use of property.
109-1.5104 Loan of property.
109-1.5105 Borrowing of property.
109-1.5106 Control of property.
109-1.5106-1 Identification marking of property.
109-1.5106-2 Segregation of property.
109-1.5106-3 Physical protection of property.
109-1.5106-4 Control of sensitive items.
109-1.5106-5 Physical inventories.
109-1.5107 Retirement of property.
109-1.5108 Property belonging to others.
109-1.5109 Employee participation.
109-1.5110 Use of non-government-owned property.
109-1.5148 Personal property management reports.
41 CFR 105-735.709 Subpart 109-1.52 -- Contractors' Personal Property
Management Program
109-1.5200 Scope of subpart.
109-1.5201 Policy.
109-1.5202 Designation of property administrator.
109-1.5203 Review and approval of contractor's property management
system.
109-1.5204 Property management appraisals.
109-1.5205 Reporting.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25565, June 21, 1984, unless otherwise noted.
41 CFR 109-1.000-50 Scope of part.
This part establishes a system by which the Department of Energy
(DOE) implements and supplements the Federal Property Management
Regulations (FPMR) (41 CFR chapter 101) issued by the General Services
Administration (GSA).
41 CFR 109-1.000-50 Subpart 109-1.1 -- Regulation System
41 CFR 109-1.100-50 Scope of subpart.
This subpart establishes the Department of Energy Property Management
Regulations (DOE-PMR), Chapter 109 of the Federal Property Management
Regulations System (FPMR) (41 CFR chapter 109).
41 CFR 109-1.100-51 Definitions.
As used in this chapter the following definitions apply:
(a) Heads of field offices are the heads of any Departmental office
located outside the Washington, D.C. metropolitan area. In addition,
the Federal Energy Regulatory Commission, Headquarters, shall be
considered a field office for purposes of these regulations. See
109-1.5005-4 concerning the responsibilities of the Director, Office of
Procurement Operations, Procurement and Assistance Management
Directorate, Headquarters.
(b) Direct operations means operations conducted by DOE personnel.
(c) Contractor means a management and operating contractor, as that
term is defined in the Federal Acquisition Regulation (FAR) 48 CFR
17.601 as supplemented by the Department of Energy Acquisition
Regulations (DEAR) 48 CFR 917.604-70, and such other contractors as may
be designated by the Procurement Executive or head of the contracting
activity as subject to the provisions of this chapter.
41 CFR 109-1.102-50 Department of Energy Property Management
Regulations.
The DOE-PMR, established in this part, implement and supplement the
FPMR provisions governing the acquisition, utilization, management, and
disposal of personal property. The DOE-PMR are issued to establish
uniform property management policies and, as necessary, procedures for
the Department of Energy. (See 109-1.106-50(d) and (e) with respect to
management of property in the possession of other DOE contractors and
financial assistance recipients).
41 CFR 109-1.103-50 DOE-PMR Bulletins.
A DOE-PMR Bulletin will be used to disseminate information not
affecting policy or to clarify instructions in actions required by the
FPMR or the DOE-PMR.
41 CFR 109-1.104-50 Publication and distribution of DOE-PMR.
41 CFR 109-1.104-1-50 Publication.
The DOE-PMR will be published in the Federal Register and will appear
in the Code of Federal Regulations as chapter 109 of title 41, Public
Contracts and Property Management. Looseleaf publications will be
distributed to DOE offices.
41 CFR 109-1.104-2-50 Distribution.
The responsibilities and authorities for distribution of publications
in the FPMR series are as follows:
(a) The Director of Procurement and Assistance Management --
(1) Designates an official to serve as liaison with GSA;
(2) Establishes and maintains distribution patterns; and
(3) Processes DOE-PMR Handbooks for final approval and publication.
(b) The Director of Administration --
(1) Distributes publications in accordance with established patterns;
(2) Maintains a stock of FPMR and DOE-PMR publications for furnishing
additional copies; and
(3) Provides additional support services as required.
(c) Heads of field offices --
(1) Provide the Director of Procurement and Assistance Management
with field organization requirements;
(2) Forward one-time requests for additional copies of centrally
distributed publications to the Office of Administrative Services,
Headquarters (MA-234.2); and
(3) Distribute publications to their offices and contractors in
accordance with established distribution patterns.
41 CFR 109-1.106-50 Applicability of Federal and Departmental regulatory
issuances.
(a) The FPMR and this DOE-PMR apply to all direct operations.
(b) Unless otherwise provided in the appropriate part or subpart,
contracting officers shall assure that the FPMR and DOE-PMR are applied
to contractors.
(c) The FPMR and DOE-PMR, as appropriate, shall be used by
contracting officers in the administration of contracts, and in the
review, approval, or appraisal of such contractor operations.
(d) Regulations for the management of Government property in the
possession of other DOE contractors are contained in the Federal
Acquisition Regulations, part 45 (48 CFR chapter 1) and in the DOE
Acquisition Regulations, part 945 (48 CFR chapter 9).
(e) Regulations for the management of property held by financial
assistance recipients are contained in the DOE Financial Assistance
Rules (10 CFR part 600) and the Financial Assistance Procedures Manual,
DOE Order 4600.1.
41 CFR 109-1.107-50 Consultation regarding DOE-PMR.
The DOE-PMR shall be fully coordinated with all Departmental elements
substantively concerned with the subject matter.
41 CFR 109-1.108 Agency implementation and supplementation of FPMR.
(a) The DOE-PMR shall include regulations deemed necessary to
understand basic and significant Departmental property management
policies and procedures which implement, supplement, or deviate from the
FPMR. In the absence of any DOE-PMR issuance, the basic FPMR material
shall govern.
(b) The DOE-PMR shall be consistent with the policies and procedures
contained in the FPMR and shall not duplicate or paraphrase the FPMR
material.
(c) Implementing procedures, instructions, and guides which are
necessary to clarify or to implement the DOE-PMR may be issued by
Headquarters or field organizations provided that the implementing
procedures, instructions and guides --
(1) Are consistent with the policies and procedures contained in this
regulation as implemented and supplemented from time to time;
(2) To the extent practicable, follow the format, arrangement, and
numbering system of this regulation; and
(3) Contain no material which duplicates, paraphrases, or is
inconsistent with the contents of this regulation.
41 CFR 109-1.109-50 Numbering of DOE-PMR.
(a) Where the DOE-PMR implement the FPMR, the implementing part,
subpart, section or subsection of the DOE-PMR will be numbered and
captioned, to the extent possible, to correspond to the applicable part,
subpart, section, or subsection of the FPMR.
(b) Where the DOE-PMR supplement the FPMR, the numbers 50 and up will
be assigned to the parts, subparts, sections or subsections involved.
41 CFR 109-1.110-50 Deviation procedures.
(a) Requests for deviations from the FPMR and the DOE-PMR shall be
forwarded to the Headquarters organization having functional
responsibility, as follows:
(1) Part 109-35 -- Director, Division of Telecommunications.
(2) Part 109-40 -- Assistant Secretary for Defense Programs.
(3) All other parts -- Director of Procurement and Assistance
Management.
(b) In individual cases, deviations from the FPMR and DOE-PMR may be
authorized by the Headquarters organization having functional
responsibility. A supporting statement for each individual deviation,
which indicates briefly the nature of the deviation, the reasons for
such special action, and the Headquarters approval, shall be maintained
by the Headquarters organization concerned.
(c) In classes of cases, requests for deviations from the FPMR and
the DOE-PMR shall be accompanied by a supporting statement. Requests
shall be considered on an expedited basis and coordination with
Headquarters organizations will be obtained as appropriate. Requests
involving the FPMR will be considered jointly by DOE and GSA, unless, in
the judgment of the Headquarters organization having functional
responsibility, circumstances preclude such joint effort. In such
cases, the organization having functional responsibility will approve
such class deviations as determined to be necessary and notify GSA.
41 CFR 109-1.110-50 Subpart 109-1.50 -- Personal Property Management Program
41 CFR 109-1.5000 Scope of subpart.
This subpart supplements the FPMR, states DOE personal property
management policy and program objectives, and prescribes authorities and
responsibilities for the conduct of an effective property management
program in DOE.
41 CFR 109-1.5001 Policy.
It is DOE policy that a program for the management of Government
personal property (sometimes referred to as personal property or as
property) shall be established and maintained to meet program needs
economically and efficiently and in accordance with applicable Federal
statutes and Federal agency regulations.
41 CFR 109-1.5002 Property management program objectives.
The objectives of the DOE property management program are to provide
--
(a) A system for effectively managing Government personal property in
the custody or possession of DOE organizations and DOE contractors; and
(b) Uniform principles, policies, standards, and procedures for
economical and efficient management of Government personal property that
are sufficiently broad in scope and flexible in nature to facilitate
adaptation to local needs and various kinds of operations.
41 CFR 109-1.5003 Definitions.
As used in these regulations, the following definitions apply:
(a) ''Government personal property'' means property of any kind or
type which is Government-owned or -rented or -leased from commercial
sources in the custody of DOE or its contractors except real property;
records; special source materials, which includes source materials and
special nuclear material, and those other materials to which the
provisions of DOE Order 5630.2 ''Control and Accountability of Nuclear
Materials, Basic Principles'' apply, such as deuterium, enriched
lithium, neptunium 237 and tritium, and atomic weapons and byproduct
materials as defined in Section II of the Atomic Energy Act of 1954, as
amended; enriched uranium in stockpile storage; and petroleum in the
Strategic Petroleum Reserve and the Naval Petroleum Reserves.
(b) ''Personal property management'' means the development,
implementation, and administration of policies, programs and procedures
for effective and economical acquisition, receipt, storage, issue, use,
control, physical protection, care and maintenance, determination of
requirements and maintenance of related operating records, and disposal,
as appropriate, for Government personal property exclusive of the
accounting records.
41 CFR 109-1.5004 Delegation of authority.
(a) The Secretary of Energy has delegated to the Assistant Secretary,
Management and Administration, on a non-exclusive basis, the authority
to acquire, manage, and dispose of personal property held by the
Department for official use by its employees or contractors.
(b) The Assistant Secretary, Management and Administration has
delegated to the Director, Procurement and Assistance Management, the
authority to acquire, manage, and dispose of personal property held by
the Department for official use by its employees or contractors.
(c) The Director of Administration and Heads of field offices are
delegated appropriate procurement authority by memorandum from the
Director, Procurement and Assistance Management, to acquire, manage, and
dispose of personal property held by the Department for official use by
its employees or contractors, consistent with policies, standards, and
procedures as contained in this regulation.
41 CFR 109-1.5005 Responsibilities.
41 CFR 109-1.5005-1 The Director of Procurement and Assistance
Management.
The Director of Procurement and Assistance Management provides
direction and general supervision in the development and administration
of an effective and efficient personal property management system for
the Department, to include:
(a) The establishment of Department-wide policies, standards,
systems, regulations, and procedures in accordance with applicable laws
and regulations and sound management practice; and
(b) The review, evaluation, and improvement of personal property
management programs, functions, operations, and procedures in the
Department.
41 CFR 109-1.5005-2 The Departmental Property Management Officer.
The Departmental Property Management Officer shall be the Director,
Property and Equipment Management Division, Headquarters. This
individual is responsible for developing, promoting, monitoring,
administering, coordinating, and evaluating the Department-wide personal
property management program, and shall --
(a) Develop and maintain Departmental personal property policies,
standards and procedures;
(b) Develop and publish Departmental regulations relating to personal
property management;
(c) Represent the Department with GSA and other agencies on matters
relating to personal property management;
(d) Submit Departmental personal property management reports to GSA,
the Congress and other Federal agencies, as required;
(e) Provide staff assistance to Departmental organizations performing
personal property management functions;
(f) Conduct reviews and appraisals of Departmental personal property
management functions; and
(g) Prepare the Departmental aircraft and motor vehicle budget.
41 CFR 109-1.5005-3 The Director of Administration.
The Director of Administration --
(a) Manages personal property for DOE direct operations located in
the Washington, D.C. metropolitan area with the exception of the Federal
Energy Regulatory Commission.
(b) Exercises responsibilities cited in 109-1.5005-5 as they relate
to functions under his/her management control; and
(c) Appoints an Organizational Property Management Officer to be
responsible for his/her organization's personal property management
program.
41 CFR 109-1.5005-4 Director, Office of Procurement Operations,
Procurement and Assistance Management.
The Director, Office of Procurement Operations, Procurement and
Assistance Management Directorate, Headquarters, shall exercise the
responsibilities of the head of a field office as set forth in these
regulations with respect to the management of property held under
contracts for which his/her office is responsible.
41 CFR 109-1.5005-5 Heads of field offices.
Heads of field offices shall --
(a) Appoint an Organizational Property Management Officer who shall
be responsible for the organization's personal property management
program; and
(b) Establish and administer a personal property management program
within the organization which will provide for --
(1) Effective management of Government personal property in the
custody of DOE and its contractors, consistent with applicable laws and
regulations;
(2) Application of personal property management regulations,
instructions, standards, procedures, and practices as prescribed in the
FPMR and DOE-PMR;
(3) Planning and scheduling of property requirements to assure that
supplies and equipment are readily available to satisfy program needs
while minimizing operating costs and inventory levels;
(4) Development and maintenance of complete and accurate inventory
control and accountability record systems;
(5) Maximum utilization of available property for official purposes;
(6) Proper care and securing of property to include storage,
handling, preservation, and preventative maintenance;
(7) Identification of property excess to the needs of the
organization, and proper reutilization of this property within the
Department and reporting to GSA for transfer, donation, or disposal;
(8) The development and submission of required property management
reports;
(9) Assuring that DOE employees and contractors are aware that acts
of theft, illegal possession, and unlawful destruction or use of
Government personal property are violations punishable under Federal
law, notwithstanding disciplinary measures taken under administrative
policy;
(10) Assuring that DOE employees and contractors are aware that every
user of Government personal property is responsible for its physical
protection and for reporting the loss, theft, destruction or damage of
property;
(11) The conducting of periodic management reviews within the
activity to assure compliance with prescribed policies, regulations,
standards, and procedures; and
(12) The establishment of equipment and supply subsidiary records and
accounts to support general ledger control accounts for personal
property.
41 CFR 109-1.5005-6 Organizational Property Management Officer.
The Organizational Property Management Officer (OPMO) --
(a) Provides advice and guidance for the organization's personal
property mangement program;
(b) Coordinates and conducts the activities of the organization's
personal property management program;
(c) Serves as principal contact point for the organization in matters
concerning personal property management; and
(d) Represents the organization, or designates a representative, to
attend Department meetings concerning personal property management
issues, and acts as liaison with other DOE offices or other Federal
agencies in property management matters affecting their organization.
41 CFR 109-1.5005-7 Contracting officers.
Contracting officers shall --
(a) Assure that all contracts that involve property contain the
applicable DEAR property clause; and
(b) Assure that contractors' personal property management systems are
reviewed, appraised, and approved as provided for in 109-1.52.
41 CFR 109-1.5005-7 Subpart 109-1.51 -- Personal Property Management Standards and Practices
41 CFR 109-1.5100 Scope of subpart.
This subpart provides guidance on DOE standards and practices to be
applied in the management of Government personal property.
41 CFR 109-1.5101 Definition.
Sensitive items are those items of property, regardless of value,
which are considered to be susceptible to being appropriated for
personal use or which can be readily converted to cash, for example:
firearms, portable photographic equipment, binoculars, portable tape
recorders, portable calculators, and portable power tools.
41 CFR 109-1.5102 Official use of property.
Property shall be used only in the performance of official work of
the United States Government, except (a) in emergencies threatening loss
of life or property, or (b) as otherwise authorized by law and approved
by the Director of Administration and heads of field offices for their
respective organizations, or by the contracting officer for
contractor-held property.
41 CFR 109-1.5103 Maximum use of property.
Property management practices shall assure that the best possible use
is made of property. Supplies and equipment shall be generally limited
to those items essential for carrying out the programs of DOE
effectively. Adequate staff review shall be made of operating programs
to coordinate and plan future supply activities and to assure against
overstocking, waste, and improper use of property.
41 CFR 109-1.5104 Loan of property.
(a) Property which would otherwise be out of service for temporary
periods (and not excess) may be loaned to other DOE offices and
contractors, other Federal agencies, and to others for official
purposes. Such loans shall be covered by written agreements or
memorandum receipts which shall include all terms of the loan (such as
loan period, delivery time, method of payment of transportation, point
of delivery and return, conditions of use, responsibilities of the
borrower for condition of property on return, inspection requirements,
etc.) that may be required to ensure proper control and protect DOE's
interest. The loan period should not exceed one year, but may be
renewed.
(b) Requests for loan by foreign Governments and other foreign
organizations shall be submitted through the Property and Equipment
Management Division (MA-422) to the Assistant Secretary for
International Affairs for approval, with a copy to the cognizant
Headquarters program office.
41 CFR 109-1.5105 Borrowing of property.
(a) DOE organizations and contractors are encouraged to borrow
property within DOE to further DOE programs. Property classified as
''Equipment Held For Future Projects (EHFFP)'' or as ''In Standby''
should be reviewed by those receiving availability inquiries for
short-term loans (one year or less). Borrowing of Government property
from other Federal agencies is also encouraged when required for short
periods of time. Such transactions shall be covered by written
agreements which include all the terms of the transaction.
(b) In determining whether it is practical and economical to borrow
property, consideration shall be given to suitability, condition, value,
extent and nature of use, extent of availability, portability, cost of
transportation, and other similar factors.
41 CFR 109-1.5106 Control of property.
41 CFR 109-1.5106-1 Identification marking of property.
(a) Government property will be identified as U.S. Government
property subject to the criteria below. Marking may be accomplished by
any means which will produce a permanent marking and which is most
adaptable to the particular item of property.
(1) Capitalized and sensitive property shall be marked as U.S.
Government property and by numbering for control purposes.
(2) Other property susceptible to unauthorized personal use, such as
hand tools, should be considered for marking as U.S. Government
property, and by numbering for control purposes.
(b) Property which by its nature cannot be marked, such as stores
items, metal stock, etc., is exempted from this requirement. Such
Government property in the custody of contractors should not be
commingled with contractor-owned property unless it is determined by the
contracting officer to be advantageous to the Government.
(c) To the extent practicable and economical, markings shall be
removed prior to disposal outside of DOE, or additional markings may be
added to indicate such disposal.
41 CFR 109-1.5106-2 Segregation of property.
Ordinarily, provisions shall be made for the contractor to keep
Government property segregated from contrator-owned property.
Commingling of Government-owned and contractor-owned property may be
allowed only when --
(a) The segregation of the property would materially hinder the
progress of the work, i.e., segregation is not feasible for reasons such
as small quantities, lack of space, or increased costs; and
(b) Control procedures are adequate, i.e., the Government property is
specifically marked or otherwise identified as being Government
property.
41 CFR 109-1.5106-3 Physical protection of property.
Controls such as property pass systems, memorandum records, regular
or intermittent gate checks, marking of tools, and perimeter fencing
shall be established as required to prevent loss, theft, or unauthorized
movement of property from the premises on which such property is
located.
41 CFR 109-1.5106-4 Control of sensitive items.
(a) Controls shall be established over the acquisition, storage,
issue, use, and return of sensitive items of property.
(b) Items on capital equipment which are also designated as sensitive
items will be controlled as sensitive items and as capital equipment.
(c) A list of sensitive items shall be maintained for property
considered to require special controls before and after issue.
Determination of specific sensitive items shall be a matter for
management judgment at individual locations, taking into consideration
the dollar value of the items to be controlled and costs of
administration.
(d) Written procedures shall be established for control of sensitive
items, to include:
(1) Approval of purchase requisitions or issue documents at an
appropriate supervisory level prior to acquisition or issue;
(2) Establishment of administrative controls in the central receiving
and warehousing department. Such controls should include extraordinary
physical protection, guidance for receiving and warehousing personnel as
to procedures for protection, and a current listing of sensitive items;
(3) Establishment and maintenance of appropriate property management
records;
(4) Requirements for tagging and identification;
(5) Use of memorandum receipts or custody documents at time of
assignment or change in custody;
(6) Establishment of custodial responsibilities describing --
(i) Need for extraordinary physical protection;
(ii) Requirement for prompt reporting of apparent loss, damage or
destruction;
(iii) Requirement to return items in condition beyond economical
repair to an appropriate organizational element;
(iv) Requirement for promptly reporting changes in custody or
extended loans;
(v) Reminder of prohibition of use for other than official purposes,
and penalties for misuse;
(vi) Requirement for effective physical and administrative control of
sensitive items assigned for general use within an organizational unit
as appropriate to the type of property and the circumstances; and
(vii) A clear definition of the extent of responsibility or financial
accountability, depending on contractor policy.
(7) Requirement for annual physical inventory;
(8) Requirement for prompt and thorough investigation of losses;
(9) Requirement for an employee transfer or termination checkout
procedure and examination and adjustment of records; and
(10) Other property management procedures which, through experience
and independent audit, have demonstrated effective physical and
administrative control over sensitive items.
41 CFR 109-1.5106-5 Physical inventories.
(a) Physical inventories of property shall be conducted at all DOE
and contractor locations, consistent with approved procedures and
generally accepted accounting procedures.
(b) The preferred method of performing physical inventories is by the
use of personnel other than the property staff or custodian of the
property. Where staffing restraints or other considerations require,
the inventory may be performed by the property staff or the custodian.
(c) Detailed procedures for the taking of physical inventories shall
be developed for each DOE organization and contractor. The Director of
Administration and heads of field offices shall approve the procedures
for their respective DOE operation. The appropriate field organization
staff shall review and approve contractor's procedures.
(d) The taking of a physical inventory will be observed, or follow-on
audits made, by independent representatives, e.g., finance, audit, or
property staffs, to the extent deemed necessary to assure that the
procedures are being followed and the results are accurate. These
observations or audits should be documented and the documentation should
be retained in the inventory record file.
(e) Procedures that are limited to a check-off of a listing of
recorded property without actual verification of the location and
existence of such property do not meet the requirements of a physical
inventory.
(f) The frequency of physical inventories shall be as follows:
(1) Moveable capital equipment -- not less frequently than every two
years.
(2) Sensitive items -- not less frequently than every twelve months.
(3) Stores inventories -- not less frequently than every twelve
months.
(4) Precious metals -- not less frequently than every six months.
(g) A physical inventory shall be performed at intervals more
frequently than required in 109-1.5106-5(f) whenever experience at any
given location or with any given item or items indicates that this
action is necessary for effective property accounting, utilization, or
control.
(h) Special inventories may be required on certain types of property
or on certain items or kinds of items when circumstances arise requiring
such action, such as audits or special reviews.
(i) The results of physical inventories shall be reconciled with the
property records and, except for non-capital sensitive items, with the
financial control accounts in accordance with Chapter VI of the DOE
Accounting Practices and Procedures Handbook.
(j) Physical inventories of capital equipment and stores inventories
may be conducted by the ''statistical sampling'' method in lieu of the
normal ''wall-to-wall'' method. In addition, the ''inventory by
exception'' method may be used for capital equipment physical
inventories. However, the system and procedures for taking physical
inventories by these methods must be fully documented and approved by
the Director of Administration and by heads of field offices for their
respective organizations.
41 CFR 109-1.5107 Retirement of property.
When Government property is worn out, lost, stolen, destroyed,
abandoned, or damaged beyond economical repair, it shall be listed on a
retirement work order. A full explanation shall be supported by an
investigation, if necessary, as to the date and circumstances
surrounding loss, theft, destruction, abandonment, or damage. The
retirement work order shall be reviewed by the property management staff
and signed by the responsible official initiating the report and
reviewed and approved by an official at least one supervisory echelon
above the official initiating the report.
41 CFR 109-1.5108 Property belonging to others.
Procedures shall be established which will provide for adequate
attention to the management of property belonging to other Federal
agencies in the possession or custody of DOE organizations or its
contractors.
41 CFR 109-1.5109 Employee participation.
Full advantage shall be taken of suitable methods for stimulating
employee participation and cooperation in carrying out an effective and
economical program of property management. Some examples of effective
methods are (a) indoctrination of new employees and others who have
access to or use property, (b) the use of incentive award plans to
promote interest, and (c) the use of visual aids such as posters, plant
publications, outdoor signboards, and displays to keep employees
informed as to progress and to remind them of their responsibilities.
41 CFR 109-1.5110 Use of non-government-owned property.
Non-government-owned personal property shall not be installed in,
affixed to, or otherwise made a part thereof, of any Government-owned
personal or real property. This restriction does not apply to the use
and installation of privately owned decorative items or memorabilia to
the workplace, provided that the structure or safety of the facility is
not thereby degraded.
41 CFR 109-1.5148 Personal property management reports.
Property management reports to be submitted to the Property and
Equipment Management Division (MA-422) are listed below.
41 CFR 109-1.5148 Subpart 109-1.52 -- Contractors' Personal Property Management Program
41 CFR 109-1.5200 Scope of subpart.
This subpart prescribes policy and responsibilities for the
establishment, maintenance, review and appraisal of a contractor's
program and system for the management of Government personal property.
41 CFR 109-1.5201 Policy.
(a) Contractors shall establish, maintain, and administer a program
for the effective management of Government personal property consistent
with the terms of the contract and directives for the contracting
officer.
(b) Contractors shall maintain their personal property management
systems in writing on a current basis.
(c) Contractors shall require those subcontractors provided
Government property under the prime contract to establish and maintain a
system for the management of such property. Procedures for assuring
effective property management shall be included in the contractor's
property control system. As a minimum, a subcontractor's system for
control of Government property shall provide for the following:
(1) Adequate records.
(2) Controls over acquisitions.
(3) Identification as Government property.
(4) Physical inventories.
(5) Proper care, maintenance, and protection.
(6) Reporting, redistribution, and disposal of excess and surplus
property.
(7) A retirement work order procedure to account for property that is
worn out, lost, stolen, destroyed, abandoned, or damaged beyond
economical repair.
(8) Periodic reporting, including physical inventory results and, at
least annually, the total acquisition cost of Government property in the
possession of the subcontractor.
(9) An internal surveillance system, including periodic reviews, to
ensure that property is being managed in accordance with established
procedures.
41 CFR 109-1.5202 Designation of property administrator.
The contracting officer shall designate a property administrator to
be responsible for property administration. This property administrator
will be delegated the authority to assist the contracting officer on all
matters involving the Government-owned personal property held by the
contractor. If a property administrator has not been designated, the
contracting officer is the property administrator.
41 CFR 109-1.5203 Review and approval of contractor's property
management system.
(a) A contractor's property management system should be reviewed by
the property administrator within one year after the execution date of
the contract, and the property administrator shall approve or disapprove
the system in writing. If the system is disapproved, the property
administrator shall advise the contractor, in writing, of deficiencies
that need to be corrected, and a time schedule established for
completion of the corrective actions.
(b) The purpose of the review is to determine whether the system will
adequately protect, maintain, utilize, and dispose of Government
personal property in accordance with the FPMR, the DOE-PMR, and
applicable DOE directives.
(c) Appropriate follow-up will be made by the property administrator
to ensure that corrective actions are taken.
(d) Any change to the approved property management system made after
the original review and approval should be reviewed by the property
administrator at the earliest possible time. Such changes should then
be approved/disapproved by the property administrator as appropriate.
41 CFR 109-1.5204 Property management appraisals.
(a) At least every two years (with a maximum period of three years)
after the execution date of the contract, the property administrator
shall make an appraisal of the property management operation of the
contractor. The appraisal may be based on a formal in-depth appraisal
on-site or a series of formal appraisals of the functional segments of
the contractor's property management system to determine if the
contractor is managing the Government personal property in its custody
in accordance with its previously approved policies and procedures, the
FPMR, the DOE-PMR, and applicable DOE directives. The property
administrator shall bring deficiencies in the contractor's property
management operation to the attention of the contractor's management for
correction.
(b) Appropriate follow-up will be made by the property administrator
to ensure that corrective actions are taken.
41 CFR 109-1.5205 Reporting.
Within 30 days after the end of each fiscal year, heads of field
offices shall report the following information to the Director, Property
and Equipment Management Division (MA-422):
(a) Name and address of each contractor.
(b) Contract number.
(c) Date contractor's property management system was approved.
(d) Date of most current appraisal of contractor's property
management system, and status of the system (satisfactory or
unsatisfactory).
41 CFR 109-1.5205 SUBCHAPTER B (RESERVED)
41 CFR 109-1.5205 SUBCHAPTER C -- DEFENSE MATERIALS
41 CFR 109-1.5205 PART 109-14 -- NATIONAL DEFENSE STOCKPILE
Sec.
109-14.000 Scope of part.
41 CFR 109-1.5205 Subpart 109-14.1 -- Transfer of Strategic and Critical
Materials Excess to Agency Needs to the National Defense Stockpile
109-14.103-1-50 Exceptions to reporting.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
41 CFR 109-14.000 Scope of part.
This part implements and supplements FPMR Part 101-14, National
Defense Stockpile.
(49 FR 25570, June 21, 1984)
41 CFR 109-14.000 Subpart 109-14.1 -- Transfer of Strategic and Critical Materials Excess to Agency Needs to the National Defense Stockpile
41 CFR 109-14.103-1-50 Exceptions to reporting.
The following materials excess to the needs of a DOE organization or
contractor shall be reported to the DOE pool instead of to GSA:
(a) Precious metals, which include gold, silver, and the platinum
family (See 109-43.313-54).
(b) Lead (See 109-43.313-57).
(49 FR 25570, June 21, 1984)
41 CFR 109-14.103-1-50 SUBCHAPTER D (RESERVED)
41 CFR 109-14.103-1-50 SUBCHAPTER E -- SUPPLY AND PROCUREMENT
41 CFR 109-14.103-1-50 PART 109-25 -- GENERAL
Sec.
109-25.000-50 Scope of subchapter.
109-25.001-50 Scope of part.
41 CFR 109-14.103-1-50 Subpart 109-25.1 -- General Policies
109-25.100 Use of Government personal property and nonpersonal
services.
109-25.101-1-50 Definitions.
109-25.104 Acquisition of office furniture and office machines.
109-25.109 Laboratory and research equipment.
109-25.109-1 Identification of idle equipment.
109-25.109-2 Equipment pools.
109-25.110-4 Recordkeeping responsibilities.
109-25.113 Leasing of motor vehicles.
41 CFR 109-14.103-1-50 Subpart 109-25.3 -- Use Standards
109-25.302 Office furniture, furnishings and equipment.
109-25.302-1 Executive type office furniture and furnishings.
109-25.302-2-50 Filing cabinets and equipment.
109-25.302-3 Electric typewriters.
109-25.302-4 Figuring machines.
109-25.302-6 Electronic office machines.
109-25.304 Additional systems and equipment for passenger motor
vehicles.
109-25.304-50 Communications equipment exemption.
109-25.350 Use of furnishings and household goods in Government
personnel quarters.
109-25.351 Furnishing of Government clothing and individual equipment
to employees.
41 CFR 109-14.103-1-50 Subpart 109-25.4 -- Replacement Standards
109-25.401-50 Replacement approvals.
41 CFR 109-14.103-1-50 Subpart 109-25.48 -- Reports
109-25.4800 Scope of subpart.
109-25.4800-50 Applicability.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25571, June 21, 1984, unless otherwise noted.
41 CFR 109-25.000-50 Scope of subchapter.
This subchapter implements and supplements FPMR Subchapter E, Supply
and Procurement.
41 CFR 109-25.001-50 Scope of part.
This part implements and supplements FPMR Part 101-25, General, and
provides cross-references to the DOE Acquisition Regulations (DEAR)
where appropriate.
41 CFR 109-25.001-50 Subpart 109-25.1 -- General Policies
41 CFR 109-25.100 Use of Government personal property and nonpersonal
services.
The Director of Administration and heads of field offices for their
respective organizations shall ensure that the provisions of FPMR
101-25.100 are enforced to restrict the use of Government property/
services to officially designated activities.
41 CFR 109-25.101-1-50 Definitions.
As used in this subpart, the following definitions apply:
(a) Equipment consists of those items of nonexpendable personal
property having an anticipated service life of one year or more
regardless of use or source of funding.
(b) Equipment pool is a formally designated collection of equipment,
generally functionally associated, which is available for loan or
temporary use. The pool may be a physical collection of equipment or
may be a record system which provides identification, location and
availability information on equipment available for loan or temporary
use.
(c) Equipment in storage is all equipment not in use, whether stored
in formal storage areas, stored in or adjacent to work areas, held for
future projects, or retained in standby or abandoned facilities.
41 CFR 109-25.104 Acquisition of office furniture and office machines.
In making a determination as to whether requirements can be met
through the utilization of already owned furniture and office machines
as contemplated in FPMR 101-25.104, reasonable efforts shall be made to
determine whether such items are available from other DOE organizations
and contractors within a reasonable transport distance. Such efforts
shall include direct inquiries and shall not be limited to a review of
available property circularized in accordance with 109-43.311-1-50.
41 CFR 109-25.109 Laboratory and research equipment.
(a) The provisions of FPMR 101-25.109 and this section shall apply to
all types of personal property, including office furniture and office
machines, in addition to laboratory and research equipment.
(b) The provisions of FPMR 101-25.109 and this section apply to all
DOE field organizations and contractors, and are not limited to Federal
laboratories.
41 CFR 109-25.109-1 Identification of idle equipment.
(a) See 109-25.109(b).
(b) As a minimum, management walk-through inspections shall be
scheduled to provide for coverage of all operating and storage areas at
least once every two years to identify idle and unneeded personal
property. The frequency of management walk-through inspections may vary
with the operation or area involved. A report of walk-throughs
conducted, including participants, areas covered, findings,
recommendations, and results achieved shall be submitted to the head of
the laboratory or other facility involved. Equipment identified as idle
and unneeded shall be redeployed, reassigned, placed in equipment pools
or declared excess, as appropriate.
(c) In accordance with FPMR 101-25.109-1(c), members of management
walk-through inspection teams should be appointed by the head of the DOE
or contractor facility.
(d) Heads of field offices and contracting officers shall
periodically review walk-through procedures and practices of
organizations under their jurisdiction to evaluate their effectiveness.
This review should include actual walk-through inspections of
representative DOE or contractor facilities.
41 CFR 109-25.109-2 Equipment pools.
(a) (Reserved)
(b) In accordance with FPMR 101-25.109-2(b), equipment pools shall be
established where practicable to obtain optimum utilization of
equipment. The number and types of pools to be established will depend
upon local circumstances. In addition to those provided in FPMR
101-25.109-2, factors to be considered are types of equipment, number
and location of potential users and distances involved.
(c) In accordance with FPMR 101-25.109-2(c), surveys of equipment
holdings should be conducted periodically to determine those items which
are suitable for pooling. Criteria for placing an item in a pool should
include (but not be limited to) the following: The item is suitable for
use by more than one individual or group; its use is intermittent
rather than full time; it has a degree of portability; and it has
sufficient cost or value to merit controlling. It is anticipated that
items pooled would vary from one activity to another due to local
conditions, and each activity should develop its own criteria for items
to be pooled. Items to be considered for pooling include (but are not
limited to) certain types of measuring and recording equipment, pumps,
electric motors, photographic equipment, portable tools, microscopes,
portable radios, power supplies, amplifiers, business machines,
radiation detection instruments, and construction and automotive
equipment. Where feasible, equipment pools should be combined with
existing calibration and maintenance services to foster use and control
of pooled equipment.
(d) Records of usage shall be maintained to permit the evaluation of
need for quantities and types of equipment in pools. Reviews of usage
should be conducted periodically (at least annually) to eliminate items
which are no longer required. Heads of field offices shall require DOE
and contractor facilities to submit to them annually the report on the
use and effectiveness of equipment pooling required by FPMR
101-25.109-2(d).
(e) Heads of field offices and contracting officers shall require
periodic independent reviews of equipment pool operations as required by
FPMR 101-25.109-2(e).
41 CFR 109-25.110-4 Recordkeeping responsibilities.
In accordance with FPMR 101-25.110-4, heads of field offices shall
establish procedures for promptly identifying and locating all tires
whether in storage or in use on vehicles so that tire recall notices may
be acted upon expeditiously.
41 CFR 109-25.113 Leasing of motor vehicles.
See DEAR 908.11 and FPMR 101-26.501-9 and 101-39.601 for additional
guidance concerning the leasing of motor vehicles.
41 CFR 109-25.113 Subpart 109-25.3 -- Use Standards
41 CFR 109-25.302 Office furniture, furnishings, and equipment.
(a) The criteria contemplated in FPMR 101-25.302 shall be established
by the Director of Administration and heads of field offices for their
respective DOE operations, consistent with FPMR 101-25.302-1 and this
subpart. Office furniture, furnishings, and equipment shall be limited
to that required for immediate needs, considering such factors as
ordering lead time, potential emergency needs and economical ordering
quantities. Requirements shall be met to the fullest extent practicable
and economical from available excess or by rehabilitation or repair.
(d) Contractors should be encouraged to limit executive-type
furniture and furnishings to contractor personnel who organizationally
are in positions that are similar or comparable to DOE positions
authorized to use executive type office furniture as provided in FPMR
101-25.302-1, when such action will effect economy without decreasing
efficiency.
41 CFR 109-25.302-1 Executive type office furniture and furnishings.
The Director of Administration and heads of field offices for their
respective organizations are authorized to make the determination
contemplated by FPMR 101-25.302-1.
41 CFR 109-25.302-2 Filing cabinets and equipment.
In addition to the use standards prescribed in FPMR 101-25.302-2,
Departmental policies, standards, procedures, and guidelines for the
files management program is contained in DOE Order 1324.3.
41 CFR 109-25.302-3 Electric typewriters.
The Director of Administration and heads of field offices for their
respective organizations shall establish policies, procedures, and
standards for the use of electric typewriters as contemplated in FPMR
101-25.302-3, and are authorized to approve exceptions to the criteria
contained in that section.
41 CFR 109-25.302-4 Figuring machines.
The Director of Administration and heads of field offices for their
respective organizations shall establish standards for the use of
figuring machines as contemplated in FPMR 101-25.302-4.
41 CFR 109-25.302-6 Electronic office machines.
The Director of Administration and heads of field offices for their
respective organizations shall establish standards for the use of
electronic office machines as contemplated in FPMR 101-25.302-6.
41 CFR 109-25.304 Additional systems and equipment for passenger motor
vehicles.
(a) If an item is determined to be essential and the guidelines in
FPMR 101-25.304 cannot be met, or the required item is not shown in
Federal Standard 122, requisitions, accompanied by supporting
justifications, shall be submitted to the Property and Equipment
Management Division (MA-422), for further coordination with the
Commissioner, Federal Supply Service, General Services Administration,
prior to acquisition.
(b) See FPMR 101-26.501, ''Purchase of new motor vehicles,'' and DEAR
908.7101-2, ''Consolidated purchase of new vehicles by General Services
Administration.''
41 CFR 109-25.304-50 Communications equipment exemption.
Communications equipment considered to be essential for the
accomplishment of security and safety responsibilities is exempt from
the requirements of 109-25.304. Communications equipment may be acquired
and installed in motor vehicles operated by DOE and its contractors
after approval by the Director of Administration and heads of field
offices for their respective organizations.
41 CFR 109-25.350 Use of furnishings and household goods in Government
personnel quarters.
The Director of Administration and heads of field offices for their
respective organizations have the authority to authorize the use of
furnishings and household goods in Government personnel quarters.
41 CFR 109-25.351 Furnishing of Government clothing and individual
equipment to employees.
(a) Government-owned clothing and individual equipment may be
furnished employees under the circumstances indicated below. Care
should be exercised to avoid the acquisition and furnishing of clothing
and individual equipment to be fitted to an employee who may soon be
separated from service or permanently assigned to other duties. This
section does not apply to provision of uniforms or uniform allowances
under the Federal Employees Uniform Allowances Act of 1954, as amended.
(b) Special clothing and individual equipment for the protection of
personnel from physical injury or occupational disease may be furnished
employees.
(c) Articles of clothing and individual equipment may be furnished
employees when the items are such that the employee could not reasonably
be required to furnish them as a part of their personal clothing and
equipment necessary to enable them to perform the regular duties of the
position to which they are assigned or for which services were engaged.
41 CFR 109-25.351 Subpart 109-25.4 -- Replacement Standards
41 CFR 109-25.401-50 Replacement approvals.
The Director of Administration and heads of field offices for their
respective organizations are authorized to approve replacement of office
machines, furniture, and materials handling equipment under the
conditions cited in FPMR Subpart 101-25.4.
41 CFR 109-25.401-50 Subpart 109-25.48 -- Reports
41 CFR 109-25.4800 Scope of subpart.
This subpart supplements information concerning the reporting of
supply management data to GSA as contained in FPMR 101-25.48 and
101-25.49.
41 CFR 109-25.4800-50 Applicability.
The provisions of FPMR Subparts 101-25.48 and 101-25.49 and this
subpart apply only to those DOE direct operations and contractors
controlling Government-owned stores inventories. However, based on an
agreement with GSA, the DOE Supply Activity Report is prepared at
Headquarters from supply management data available in DOE's financial
reports and is sent to GSA by the Property and Equipment Management
Division (MA-422). Therefore, no additional reports are required from
those field organizations or contractors reporting under the DOE
financial reporting system. Those activities with stores operations
which do not report under the DOE financial reporting system shall
submit Supply Activity Reports to the Property and Equipment Management
Division (MA-422) by November 15 for inclusion in the Departmental
report.
41 CFR 109-25.4800-50 PART 109-26 -- PROCUREMENT SOURCES AND PROGRAMS
Sec.
109-26.000 Scope of part.
109-26.050 Applicability.
41 CFR 109-25.4800-50 Subpart 109-26.2 -- Federal Requisitioning System
109-26.203 Activity address codes.
41 CFR 109-25.4800-50 Subpart 109-26.4 -- Purchase of Items From Federal
Supply Schedule Contracts
109-26.406-1 General.
41 CFR 109-25.4800-50 Subpart 109-26.5 -- GSA Procurement Programs
109-26.501 Purchase of new motor vehicles.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25573, June 21, 1984, unless otherwise noted.
41 CFR 109-26.000 Scope of part.
This part implements and supplements FPMR Part 101-26, Procurement
Sources and Programs.
41 CFR 109-26.050 Applicability.
FPMR Part 101-26 and this part are applicable to contractors to the
extent that Government supply sources are made available. For DOE
policy on the use of Government supply sources by contractors, see DEAR
Subpart 970.51.
41 CFR 109-26.050 Subpart 109-26.2 -- Federal Requisitioning System
41 CFR 109-26.203 Activity address codes.
In accordance with FPMR 101-26.203, the Property and Equipment
Management Division (MA-422) has been designated the DOE point of
contact with GSA for matters concerning activity address codes. DOE
organizations shall designate a point of contact who shall coordinate
all matters concerning activity address codes with the DOE point of
contact.
41 CFR 109-26.203 Subpart 109-26.4 -- Purchase of Items from Federal Supply Schedule Contracts
41 CFR 109-26.406-1 General.
The Director of Administration and heads of field offices for their
respective organizations may authorize the use of U.S. Government
National Credit Cards in accordance with FPMR 101-26.406-1. See FPMR
101-38.12 and 109-38.12 for information on the assignment of billing
address code numbers and the control of U.S. Government National Credit
Cards.
41 CFR 109-26.406-1 Subpart 109-26.5 -- GSA Procurement Programs
41 CFR 109-26.501 Purchase of new motor vehicles.
In addition to the provisions of FPMR 101-26.501, DEAR 908.7101
contains DOE requirements concerning the purchase of new motor vehicles,
and DEAR 908.11 contains the DOE requirements concerning the leasing of
motor vehicles.
41 CFR 109-26.501 PART 109-27 -- INVENTORY MANAGEMENT
41 CFR 109-26.501 Part 109-27
Sec.
109-27.000 Scope of part.
109-27.001-50 Definitions.
41 CFR 109-26.501 Subpart 109-27.1 -- Stock Replenishment
109-27.102-2 Guidelines.
41 CFR 109-26.501 Subpart 109-27.2 -- Management of Shelf-Life Materials
109-27.202 Applicability.
41 CFR 109-26.501 Subpart 109-27.3 -- Maximizing Use of Inventories
109-27.302 Applicability.
41 CFR 109-26.501 Subpart 109-27.4 -- Elimination of Items from
Inventory
109-27.402 Applicability.
41 CFR 109-26.501 Subpart 109-27.50 -- Inventory Management Policies,
Procedures and Guidelines
109-27.5001 Scope of subpart.
109-27.5002 Objectives.
109-27.5003 Stores inventory turnover ratio.
109-27.5004 Stock control.
109-27.5004-1 General.
109-27.5004-2 Construction inventories.
109-27.5005 Guide levels for construction inventories.
109-27.5006 Sub-stores.
109-27.5007 Shop, bench, cupboard or site stock.
109-27.5008 Stores catalogs.
109-27.5009 Physical inventories.
109-27.5009-1 Procedures.
109-27.5009-2 Inventory adjustments.
109-27.5010 Control of drug substances and potable alcohol.
109-27.5011 Containers returnable to vendors.
109-27.5012 Identification marking of metals and metal products.
109-27.5012-1 General.
109-27.5012-2 Exception.
109-27.5012-3 Federal standards applicable to marking.
41 CFR 109-26.501 Subpart 109-27.51 -- Management of Equipment Held for
Future Projects
109-27.5100 Scope of subpart.
109-27.5101 Definition.
109-27.5102 Objective.
109-27.5103 Records.
109-27.5104 Storage.
109-27.5105 Justification and review procedures.
109-27.5106 Field organization review.
109-27.5107 Utilization.
41 CFR 109-26.501 Subpart 109-27.52 -- Management of Spare Equipment
109-27.5200 Scope of subpart.
109-27.5201 Definition.
109-27.5202 Exclusions.
109-27.5203 Management policy.
41 CFR 109-26.501 Subpart 109-27.53 -- Management of Precious Metals
109-27.5300 Scope of subpart.
109-27.5301 Definition.
109-27.5302 Policy.
109-27.5303 Precious metals control officer.
109-27.5304 Practices and procedures.
109-27.5304-1 Acquisitions.
109-27.5304-2 Designation of custodians.
109-27.5304-3 Physical protection and storage.
109-27.5304-4 Perpetual inventory records.
109-27.5304-5 Physical inventories.
109-27.5304-6 Stock issue.
109-27.5304-7 Control by using organization.
109-27.5305 Management reviews and audits.
109-27.5306 Precious metals pool.
109-27.5306-1 Purpose and operation.
109-27.5306-2 Withdrawals.
109-27.5306-3 Returns.
109-27.5306-4 Withdrawals/returns forecasts.
109-27.5306-5 Assistance.
109-27.5307 Recovery of silver from used hypo solution and scrap
film.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25573, June 21, 1984, unless otherwise noted.
41 CFR 109-27.000 Scope of part.
This part implements and supplements FPMR Part 101-27, Inventory
Management, but excludes atomic weapons or byproducts and source or
special nuclear materials as defined in the Atomic Energy Act of 1954,
as amended, enriched uranium in stockpile storage, and petroleum in the
Strategic Petroleum Reserve and the Naval Petroleum Reserves.
41 CFR 109-27.001-50 Definitions.
As used in this part the following definitions apply:
(a) Construction inventories are supplies, materials and parts held
for exclusive use on construction projects.
(b) Economic order quality (EOQ) means the size of the order which
produces a level at which the combined costs of procuring and carrying
inventory are at a minimum.
(c) Expensed inventories are items for which the cost is charged to
operations and are not under financial control.
(d) Inventories are stocks of stores, construction, special reactor
and other special materials, supplies and parts used in support of DOE
programs.
(e) Inventory level, usually expressed in the number of months supply
on hand based on anticipated usage, is the amount of supplies authorized
to be on hand and due-in less any amount due-out.
(f) Inventory management means the effective use of methods,
procedures and techniques for recording, analyzing, and adjusting
inventories in accordance with established policy. The following
related functions are included:
(1) Providing adequate protection against misuse, theft, and
misappropriation.
(2) Providing accurate analyses of quantities to determine
requirements so that only minimal obsolescence losses will be
encountered, while ensuring adequate inventory levels to meet program
schedules.
(3) Providing adequate and accessible storage facilities and services
based upon analyses of program requirements so that a minimum and
economical amount of time is required to service the program.
(g) Other special materials include precious metals and other rare
materials having a very high monetary value in relation to volume or
weight, special barrier materials, and any others that have been
specifically approved by the DOE Controller.
(h) Physical inventory means the process of counting the quantities
of items on hand and reconciling quantities counted with the quantities
shown on control records.
(i) Quantity control means the management of inventories through
control of levels, determination of requirements, and replenishment of
stock.
(j) Safety stock is that portion of inventories under stock control
carried for protection against stock depletion due to an increase in
demand or when lead time is greater than anticipated.
(k) Shop, bench, cupboard or site stock is a collection or store of
materials located at or near the point of use.
(l) Special reactor materials include special materials approved for
research and for use in reactors but not generally available through the
usual channels in sufficient quantity because of limited commercial
production applications.
(m) Standardization is the reduction of stores inventories to the
least practicable variety of sizes, shapes and materials compatible with
program needs.
(n) Stock record is a device for collecting, storing, and providing
historical data on recurring transactions for each line item of
inventory. The stock record of a line item may be a visible register of
transactions recorded by hand or by machine for that item, or it may be
the input, output, stored data, or the corresponding print-out of such
data representing transactions on the item in an electronic data
processing system.
(o) Stores catalog means a listing of stock items for use in
requisitioning supplies and materials.
(p) Sub-store is a geographically removed part of the main store's
operation conducted as a subordinate element of it and subject to the
same management policies and inventory controls.
41 CFR 109-27.001-50 Subpart 109-27.1 -- Stock Replenishment
41 CFR 109-27.102-2 Guidelines.
Procedures and practices shall provide for replenishment of stock
items having recurring demands to minimize costs involved. When
considered more suitable, contractors may use other generally accepted
approaches to EOQ.
41 CFR 109-27.102-2 Subpart 109-27.2 -- Management of Shelf-Life Materials
41 CFR 109-27.202 Applicability.
Procedures and practices shall provide for managing shelf-life
materials to minimize loss and ensure maximum use prior to
deterioration. When considered more suitable, contractors may use other
generally accepted approaches to the management of shelf-life items.
41 CFR 109-27.202 Subpart 109-27.3 -- Maximizing Use of Inventories
41 CFR 109-27.302 Applicability.
Procedures and practices shall provide for maximizing use of
inventories. When considered more suitable, contractors may use other
generally accepted approaches to maximizing use of inventories.
41 CFR 109-27.302 Subpart 109-27.4 -- Elimination of Items From Inventory
41 CFR 109-27.402 Applicability.
Procedures and practices shall provide for eliminating from inventory
items that can be obtained more economically from readily available
sources on a timely basis. When considered more suitable, contractors
may use other generally accepted approaches to determine which items
should be retained in inventory.
41 CFR 109-27.402 Subpart 109-27.50 -- Inventory Management Policies, Procedures, and Guidelines
41 CFR 109-27.5001 Scope of subpart.
This subpart supplements FPMR Part 101-27 by providing additional
policies, principles and guidelines for the economical and efficient
management of inventories in support of DOE programs.
41 CFR 109-27.5002 Objectives.
Necessary inventories shall be established and maintained at
reasonable levels, consistent with program requirements. They shall be
managed and controlled in the most practicable and economical manner
consistent with program needs, applicable laws and regulations and the
following objectives:
(a) Provide materials and supplies as needed to meet DOE
requirements.
(b) Maintain reasonable inventory levels.
(c) Provide adequate safeguards for protection.
(d) Maintain adequate quantity controls for effective management over
all inventories, including those not under financial controls.
(e) Assure maximum efficient utilization and avoid waste.
(f) Maintain an economical operation.
(g) Standardize inventories to the greatest extent practicable.
41 CFR 109-27.5003 Stores inventory turnover ratio.
Comparison of investment in stores inventories to annual issues shall
be made to assure that minimum inventories are maintained for the
support of programs. This comparison may be expressed either as a
turnover ratio (issues divided by dollar value of inventory) or in the
average number of month's supply on hand. Turnover or number of month's
supply is calculated only on ''current-use'' inventory. Performance
goals, i.e., a six months investment or a turnover ratio of 2.0, shall
be established for each stores using activity. However, it is
recognized that extenuating operating circumstances may preclude the
achievement of such objectives.
41 CFR 109-27.5004 Stock control.
41 CFR 109-27.5004-1 General.
Stock control shall be maintained on the basis of stock record
accounts of inventories on hand, on order, received, issued, and
disposed of, and supported by proper documents in evidence of these
transactions. Stock record accounts shall be available for review and
inspection.
41 CFR 109-27.5004-2 Construction inventories.
Stock control from construction inventories shall be maintained by
the regular checking of individual items to assure that the quantities
ordered plus amounts on hand do not exceed current job requirements. To
test the effectiveness of such checks, they should be supplemented with
DOE reviews of inventory items on a selective basis at approximately the
25 percent, 50 percent, and 75 percent construction completion stages.
Undelivered portions of purchase orders, which these checks and reviews
indicate are not needed to complete the project, should be canceled.
41 CFR 109-27.5005 Guide levels for construction inventories.
To ensure that inventories maintained for construction programs and
activities are reasonable, the following standards are established as
guides (variations may be used where it is established by field
organizations that they will more effectively or economically assure
that inventory levels are held to the amount required to complete the
construction project):
(a) Ordinary construction materials and supplies readily available
from commercial sources, and not available as Government excess, permit
phasing of deliveries and cancellation of undelivered quantities that
may prove excess to project requirements. The onhand inventory of such
materials generally should not exceed a three or four months supply at
the anticipated usage rates.
(b) Ordinary construction materials and supplies readily obtainable
from Government excess should be acquired only in the amounts estimated
to complete the construction project.
(c) Items obtainable only by special manufacture or fabrication
should be limited to the estimates of requirements to complete the
project as determined from project plans and specifications, except as
outlined in (d) below.
(d) Inventory levels in excess of estimates to complete the project
should be confined to items so unusual in character or unique to the DOE
project that they are obtainable only by special manufacture and will be
required for maintenance purposes or for operation of the completed
plant.
41 CFR 109-27.5006 Sub-stores.
(a) Sub-stores shall be established when necessary to expedite
delivery of materials and supplies to the users, serve emergencies,
provide economy in transportation, reduce shop and site stocks, and
enable stores personnel to provide assistance in obtaining materials and
supplies as needed.
(b) Items stored for issue in the sub-stores shall be treated as
inventory items for control and reporting purposes. Stock records shall
be integrated with central stock records so that the total amount on
hand of any item at all locations is known.
41 CFR 109-27.5007 Shop, bench, cupboard or site stock.
(a) Shop, bench, cupboard or site stocks are an accumulation of small
inventories of fast-moving materials at the point of use. Normally,
these inventories are expensed. However, when stocks of such
inventories are not consumed or do not turn over in a reasonable period
of time, which normally should not exceed 90 days, these items should be
subject to the required physical controls and recorded in the proper
inventory account.
(b) Care shall be exercised to prevent excessive accumulation of
inventories at such points. As a control measure, requisitions should
be screened against issue data as reflected in stock records at the
supply point. Also, work orders, retirement notices, minor construction
projects, maintenance programs, and research and experimental projects,
involving removal and dismantling should be reviewed and screened to
prevent excessive inventories at point of use. However, the most
effective control at point of use may be effected by administrative
action through visual examination of quantities on hand, and close
supervisory control and training of persons who requisition materials
and supplies.
41 CFR 109-27.5008 Stores catalogs.
A suitable stores catalog for customer use in requisitioning stores
items shall be established for each stores operation. Exceptions to this
requirement are authorized where establishment of a catalog is
impracticable or uneconomical because of small total value or number of
items involved, or temporary need for the facility. Revisions to the
catalog should be made at reasonable intervals.
41 CFR 109-27.5009 Physical inventories.
41 CFR 109-27.5009-1 Procedures.
The following procedures shall be established for taking physical
inventory of stocks subjected to quantity controls as well as those
under financial control:
(a) Completion of a physical inventory not less frequently than every
twelve months.
(b) Reconciliation of inventory quantities with the stock records.
(c) Preparation of a report of the physical inventory results.
41 CFR 109-27.5009-2 Inventory adjustments.
(a) Discrepancies between physical inventories and stock records
shall be adjusted and the supporting adjustment records shall be
reviewed and approved by a responsible official at least one supervisory
echelon above the supervisor in charge of the warehouse or storage
facility. Items on an adjustment report which are not within reasonable
tolerances for particular items shall be thoroughly investigated before
approval.
(b) Such inventory adjustment reports, when properly approved,
support adjustments to the stock records and debits and credits to the
financial inventory accounts. Adjustment reports shall be retained on
file for inspection and review.
41 CFR 109-27.5010 Control of drug substances and potable alcohol.
(a) The term ''controlled substance'' means any drug or substance
which has been assigned a ''Bureau of Controlled Substance Code Number''
pursuant to 21 CFR part 1308-Schedule of Controlled Substances.
(b) Effective procedures and practices shall provide for the
management and physical security of controlled substances and potable
alcohol from receipt to the point of use. Such procedures shall, as a
minimum, provide for safeguarding, proper use, adequate records, and
compliance with applicable laws and regulations. Controls and records
of potable alcohol shall be maintained on quantities of one quart and
above.
(c) Effective procedures and practices shall provide for the
management and physical security of hypodermic needles to prevent
illegal use. Controls shall include supervisory approval for issue,
storage in locked repositories, and the rendering of the needles useless
upon disposal.
41 CFR 109-27.5011 Containers returnable to vendors.
Containers furnished by vendors shall be administratively and
physically controlled before and after issuance. Prompt action shall be
taken to return such containers to vendors for credit after they have
served their intended use.
41 CFR 109-27.5012 Identification marking of metals and metal products.
41 CFR 109-27.5012-1 General.
Metals and metal products shall be identification marked in
accordance with applicable Federal standards. This requirement applies
to direct charges as well as to items procured for store, shop or floor
stock, or for use on construction projects. Additional markings not
covered by the Federal standards should be used to show special
properties, corrosion data or test data as required. The preferred
process is for the marking to be done in the manufacturing process, but
it may be applied by jobbers or other vendors when circumstances
warrant.
41 CFR 109-27.5012-2 Exception.
Exception to the marking requirement may be made when --
(a) It is necessary to procure small quantities from suppliers not
equipped to do the marking;
(b) It would delay delivery of emergency orders; or
(c) Procurement is from DOE or other Federal agency excess.
41 CFR 109-27.5012-3 Federal standards applicable to marking.
The Federal standards listed below can be obtained from the General
Services Administration, Federal Supply Service (3 FRI), Washington, D.
C. 20407.
(a) Federal Standard 182A(2) ''Identification Marking of Nickel and
Nickel Base Alloys.''
(b) Federal Standard 183B ''Continuous Identification Marking of Iron
and Steel Products.''
(c) Federal Standard 184A ''Identification Marking of Aluminum,
Magnesium and Titanium.''
(d) Federal Standard 185 ''Continuous Marking of Copper and Copper
Base Alloy Mill Products.''
41 CFR 109-27.5012-3 Subpart 109-27.51 -- Management of Equipment Held for Future Projects
41 CFR 109-27.5100 Scope of subpart.
This subpart provides policies, principles and guidelines to be used
in the management of equipment held for future projects.
41 CFR 109-27.5101 Definition.
''Equipment held for future projects (EHFFP)'' is equipment that is
being retained, based on approved justifications, for a known future
use, or for a potential use in planned projects. This classification
excludes spare equipment retained as backup for equipment in service or
equipment placed in equipment pools (classified as ''In Service''),
spare and other equipment constituting a part of the facilities in
standby (classified as ''Standby''), excess equipment, and equipment
classified as ''Plant and Equipment Changes in Progress''.
41 CFR 109-27.5102 Objective.
The objective of the ''equipment held for future projects'' program
is to enable DOE offices and contractors to retain equipment not in use
in current programs but which has a known or potential use in future DOE
programs, while providing visibility on the types and amounts of
equipment so retained through review and reporting procedures. It is
intended that equipment be retained which is economically justifiable
for retention, considering costs of replacement, storage, obsolescence,
deterioration, or future availability, that it be made available for use
by others, and that equipment no longer needed be promptly excessed.
41 CFR 109-27.5103 Records.
Records of all EHFFP shall be maintained by the holding organization.
Included shall be a listing of items with original date of
classification as EHFFP, initial justifications for retaining EHFFP,
rejustifications for retention, and documentation of reviews made by
higher levels of management.
41 CFR 109-27.5104 Storage.
EHFFP should be stored in warehouse space designated for that
purpose. When such space cannot be made available, such equipment may
be stored in storage yards or other areas with due consideration to the
type of property and protection required.
41 CFR 109-27.5105 Justification and review procedures.
Procedures shall provide for the following:
(a) The original decision to classify and retain equipment as EHFFP
shall be justified in writing, providing sufficient detail to support
the need for retention of the equipment. This justification will cite
the project for which retained, the potential use to be made of the
equipment, or other reasons for retention.
(b) The validity of initial classification of equipment held for
future projects shall be reviewed at a level of management one echelon
above that of the individual making the initial determination.
(c) Retention of EHFFP must be rejustified annually to ensure that
original justifications remain valid. These rejustifications will be
supported with sufficient detail to support retention.
(d) Annual rejustifications for retention of EHFFP for longer than
one year shall be reviewed at a level of management at least two levels
above that of the individual making the determination to retain the
equipment as held for future projects. EHFFP retained for periods
longer than three years should be approved by the head of the DOE field
office or his designee.
41 CFR 109-27.5106 Field organization review.
Heads of field offices and contracting officers shall conduct
periodic reviews to ensure the validity of justifications for retaining
EHFFP. These reviews should include onsite surveys of a representative
sample of equipment in this classification.
41 CFR 109-27.5107 Utilization.
It is DOE policy that, where practicable and consistent with program
needs, EHFFP be considered as a source of supply to avoid or postpone
acquisition. Procedures shall be established to provide for --
(a) Distribution within the holding organization of lists of EHFFP to
acquisition offices (or some other central screening office) and
potential users for screening against requirements prior to acquisition;
and
(b) Exchange of lists of EHFFP which can be made available for loan
between organizations involved in the same or similar programs.
41 CFR 109-27.5107 Subpart 109-27.52 -- Management of Spare Equipment
41 CFR 109-27.5200 Scope of subpart.
This subpart provides policy guidance to be used in the management of
spare equipment.
41 CFR 109-27.5201 Definition.
Spare equipment is equipment held as replacement spares for equipment
in current use in DOE programs.
41 CFR 109-27.5202 Exclusions.
The following categories of equipment will not be considered spare
equipment:
(a) Equipment installed for emergency backup, e.g., an emergency
power facility, or an electric motor or a pump, any of which is in place
and electrically connected.
(b) Equipment-like items properly classified as stores inventory.
41 CFR 109-27.5203 Management policy.
(a) Procedures shall require records of spare equipment and purpose
for retention, cross-referenced to location in facility and engineering
drawing number.
(b) Reviews shall be made based on technical evaluations of the
continued need for the equipment. Frequency of review should be
biennial. In addition, individual item levels shall be reviewed when
spare equipment is installed for use, the basic equipment is removed
from service, or the process supported is changed.
(c) Procedures shall be established to provide that unneeded spare
equipment be identified and reported in excess.
41 CFR 109-27.5203 Subpart 109-27.53 -- Management of Precious Metals
41 CFR 109-27.5300 Scope of subpart.
This subpart provides policies, principles, and guidelines to be used
in the management of DOE-owned precious metals by DOE organizations and
contractors.
41 CFR 109-27.5301 Definition.
Precious metals means uncommon and highly valuable metals
characterized by their superior resistance to corrosion and oxidation.
Included are gold, silver, and the platinum group metals -- platinum,
palladium, rhodium, iridium, ruthenium and osmium.
41 CFR 109-27.5302 Policy.
DOE organizations and contractors shall establish effective
procedures and practices for the administrative and physical control of
precious metals in accordance with the provisions of this subpart.
41 CFR 109-27.5303 Precious metals control officer.
Each DOE organization and contractor holding precious metals shall
designate a responsible individual as Precious Metals Control Officer.
This individual shall be the organization's primary point of contact
concerning precious metals control and management, and shall be
responsible for the following:
(a) Assuring that the organization's precious metals activities are
conducted in accordance with the requirements of this subpart and
Chapter IV of the DOE Accounting Practices and Procedures Handbook.
(b) Maintenance of an accurate list of the names of precious metals
custodians.
(c) Providing instructions and training to precious metals custodians
and/or users as necessary to assure compliance with regulatory
responsibilities.
(d) Insuring that physical inventories are performed as required by,
and in accordance with, these regulations.
(e) Witnessing physical inventories.
(f) Performance of periodic unannounced inspections of custodian's
precious metals inventory and records.
(g) Conduct of an annual review of precious metals holdings to
determine excess quantities.
(h) Preparation and submission of the annual forecast of anticipated
withdrawals from, and returns to, the DOE precious metals pool.
(i) Conduct of a program for the recovery of silver from used hypo
solution and scrap film in accordance with FPMR 101-42.3 and 109-42.3.
(j) Preparation and submission of the annual report on recovery of
silver from used hypo solution and scrap film as required by
109-42.301-1.
(k) Developing and issuing current authorization lists of persons
authorized by management to withdraw precious metals for stockrooms.
41 CFR 109-27.5304 Practices and procedures.
41 CFR 109-27.5304-1 Acquisitions.
DOE organizations and contractors shall contact the DOE Precious
Metals Pool Manager to determine the availability of precious metals
prior to acquisition on the open market.
41 CFR 109-27.5304-2 Designation of custodians.
Responsible individuals shall be designated as precious metals
custodians. Custodians shall be responsible for proper control and
safeguarding of the precious metals when issued for use.
41 CFR 109-27.5304-3 Physical protection and storage.
Precious metals shall be afforded exceptional physical protection
from time of receipt until disposition. Precious metals not in use
shall be stored in a noncombustible combination locked repository with
access limited to the custodian and an alternate. When there is a
change in custodian or alternate having access to the repository, the
combination shall be changed immediately.
41 CFR 109-27.5304-4 Perpetual inventory records.
Perpetual inventory records shall be maintained as specified in
Chapter V of the DOE Accounting Practices and Procedures Handbook.
41 CFR 109-27.5304-5 Physical inventories.
(a) Physical inventories shall be conducted semiannually by
custodians, and witnessed by the Precious Metals Control Officer or his
designee.
(b) Precious metals not in use shall be inspected and weighed on
calibrated scales. The inventoried weight and form shall be recorded on
the physical inventory sheets by class of metal. Metals in use in an
experimental process, or which are contaminated and therefore cannot be
weighed, shall be listed on the physical inventory sheet as observed
and/or not observed as applicable.
(c) Any obviously idle or damaged metals should be recorded during
the physical inventory. Justification for further retention of idle
materials shall be required from the custodian or disposed of in
accordance with established procedures.
(d) The dollar value of physical inventory results shall be
reconciled with the financial records. All adjustments shall be
supported by appropriate adjustment reports, and approved by a
responsible official.
41 CFR 109-27.5304-6 Stock issue.
Metals in stock are metals held in a central location and later
issued to individuals when authorized requests are received. The
following control procedures shall be followed for such metals:
(a) Stocks shall be held to a minimum consistent with effective and
economical support to programs.
(b) The name and organization number of each individual authorized to
withdraw precious metals, and the type and kind of metal, shall be
prominently maintained in the stockroom. This authorization shall be
issued by the Precious Metals Control Officer or his designee and
updated semiannually. Issue of metals will be made only to authorized
persons.
(c) Accurate records of all movements (receipts, issues, returns, and
disposals) shall be developed by, and maintained in, the stockroom.
(d) Receipts for metal issues and returns to stock shall be provided
to users. Such receipts, signed by the authorized requesting individual
and the stockroom clerk, shall list the requesting organization, type
and form of metal, quantity, and date of transaction.
41 CFR 109-27.5304-7 Control by using organization.
(a) After receipt, the using organization shall provide the necessary
controls for the precious metal. Materials shall be stored in a locked
repository at all times except for small quantities at the actual point
of use.
(b) Each using organization shall maintain a log showing the
individual user, type and form of metal, and the time, place, and
purpose of each use. The log shall be kept in a locked repository when
not in use.
(c) The logs and secured locked storage facilities are subject to
review by the Precious Metals Control Officer and other audit or review
staffs as required.
(d) Cognizant Department Managers are responsible for assuring that
minimum quantities of precious metals are withdrawn consistent with work
requirements and that quantities excess to requirements are promptly
returned to the stockroom.
(e) Employee termination and transfer procedures shall include
clearance for precious metals possession.
41 CFR 109-27.5305 Management reviews and audits.
(a) Unannounced inspections of custodian's precious metals inventory
and records may be conducted between scheduled inventories.
(b) DOE organizations and contractors holding precious metals shall
annually review the quantity of precious metals on hand to determine if
this quantity is in excess of programmatic requirements. Precious metals
which are not needed for current or foreseeable requirements shall be
promptly reported to the DOE Precious Metals Pool. The results of this
annual review are to be documented and entered into the precious metals
inventory records.
41 CFR 109-27.5306 Precious metals pool.
41 CFR 109-27.5306-1 Purpose and operation.
The purpose of the precious metals pool is to recycle DOE-owned
precious metals within the Department at the minimum cost to
participants. The pool is operated by a private firm under a contract
with the Oak Ridge Operations Office. Current information regarding the
contractor's name, address, and telephone number and processing charges
can be obtained by request through the Chief, Property Management
Branch, Oak Ridge Operations Office.
41 CFR 109-27.5306-2 Withdrawals.
Pure metal, parts, fabricated products, catalysts, or solutions, are
generally available and the DOE pool contractor can provide assistance
in supplying such requirements. Metals can be shipped to any facility
to fulfill fabrication requirements.
41 CFR 109-27.5306-3 Returns.
The pool is entirely dependent on metal returns; therefore, metal
inventories should be maintained on an as-needed basis, and any excess
metals should be returned to the pool for recycling. With the exception
of silver, this includes precious metals in any form, including shapes,
scrap, or radioactively contaminated. Only high grade nonradioactively
contaminated silver should be included. Procedures have been developed
by the precious metals pool contractor for metal returns, including
storing, packaging, shipping, and security.
41 CFR 109-27.5306-4 Withdrawals/returns forecasts.
The precious metals pool contractor will request annually from each
DOE field organization its long-range forecast of anticipated
withdrawals from the pool and returns to the pool.
41 CFR 109-27.5306-5 Assistance.
DOE organizations or contractors may obtain specific information
relative to the operation of the precious metals pool by contacting the
Oak Ridge Operations Office as indicated in 109-27.5306-1.
41 CFR 109-27.5307 Recovery of silver from used hypo solution and scrap
film.
The requirements for the recovery of silver from used hypo solution
and scrap film are contained in 109-42.302.
41 CFR 109-27.5307 PART 109-28 -- STORAGE AND DISTRIBUTION
Sec.
109-28.000 Scope of part.
109-28.001-50 Policy.
109-28.001-51 Storage guidelines.
41 CFR 109-27.5307 Subpart 109-28.3 -- Self Service Stores
109-28.308-3 Limitations on use.
109-28.308-6 Safeguards.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25578, June 21, 1984, unless otherwise noted.
41 CFR 109-28.000 Scope of part.
This part implements and supplements FPMR Part 101-28, Storage and
Distribution.
41 CFR 109-28.001-50 Policy.
Storage and warehouse services shall be --
(a) Established for the receipt, storage, issue, safekeeping and
protection of Government-owned property when advantageous to the
Government;
(b) Provided in the most economical and efficient manner through the
use of Government-owned facilities, and where necessary available
commercial facilities, consistent with program requirements; and
(c) Operated in accordance with generally accepted industrial
management practices and principles.
41 CFR 109-28.001-51 Storage guidelines.
(a) Adequate storage facilities shall be provided to ensure the
proper safeguarding of all Government property.
(1) Indoor storage areas should be arranged to obtain proper stock
protection and maximum utilization of space within established floor
load capacities.
(2) Storage yards for items not requiring covered protection shall be
protected by locked fenced enclosures to the extent necessary to protect
the Government's interest.
(3) Storage areas shall be prominently posted to clearly indicate
that the property stored therein is U.S. Government property. Entrance
to such areas should be restricted to authorized personnel only.
(b) The following general storage principles shall be observed in the
planning for the storage of Government personal property:
(1) Efficient storage demands the maximum utilization of space with a
minimum amount of labor. Where practicable, labor should be conserved
by use of modern materials handling equipment and storage aids which
permit stacking by unit loads rather than by individual container units.
(2) Fast-moving items should be stored in convenient locations from
which they can be issued with minimum handling. Stocks of individual
items or classes of items should be segregated to facilitate handling,
issuing, and inventorying.
(3) Property should be stored according to the kind of protection
required. All items must be protected from fire and theft. Certain
items require protection from dampness, heat, freezing, or extreme
temperature changes. Others must be stored away from light and odors,
protected from vermin infestation, or, because of their hazardous
characteristics, stored separate from other stocks. These factors, as
well as maximum protection of property against all causes of
deterioration or destruction, must be considered in selecting proper
storage locations.
(4) Orderly arrangement is essential to efficient operation of
storehouses. All items should be so arranged that nomenclature and
quantity may be readily determined.
(5) Stock rotation is based on the general storage principle of
''first in, first out.'' Many items, such as perishables, food stuffs,
medicines, paints, and chemicals, are subject to deterioration or
infestation which require that the older stock be issued first.
41 CFR 109-28.001-51 Subpart 109-28.3 -- Self Service Stores
41 CFR 109-28.308-3 Limitations on use.
The Director of Administration and heads of field offices for their
respective organizations shall establish internal controls for the use
of GSA shopping plates in accordance with FPMR 101-28.308-3.
41 CFR 109-28.308-6 Safeguards.
The Director of Administration and heads of field offices for their
respective organizations shall establish internal controls for
safeguarding of GSA shopping plates in accordance with FPMR
101-28.308-6.
41 CFR 109-28.308-6 PART 109-29 -- FEDERAL SPECIFICATIONS AND STANDARDS
41 CFR 109-28.308-6 Part 109-29
Sec.
109-29.000 Scope of part
41 CFR 109-28.308-6 Subpart 109-29.1 -- General
109-29.103 Availability of Federal standardization documents.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
41 CFR 109-29.000 Scope of part.
This part implements and supplements FPMR Part 101-29, Federal
Specifications and Standards.
(49 FR 25579, June 21, 1984)
41 CFR 109-29.000 Subpart 109-29.1 -- General
41 CFR 109-29.103 Availability of Federal standardization documents.
The Index of Federal Specifications and Standards may be obtained
from the Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402. Copies of Federal Specifications and Standards
may be obtained as provided in the Index.
(49 FR 25579, June 21, 1984)
41 CFR 109-29.103 PART 109-30 -- FEDERAL CATALOG SYSTEM
Sec.
109-30.000 Scope of part.
109-30.000-50 Applicability.
41 CFR 109-29.103 Subpart 109-30.5 -- Maintenance of the Federal Catalog
System
109-30.503 Maintenance actions required.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25579, June 21, 1984, unless otherwise noted.
41 CFR 109-30.000 Scope of part.
This part supplements FPMR Part 101-30, Federal Catalog System.
41 CFR 109-30.000-50 Applicability.
The provisions in FPMR Part 101-30 and this part do not apply to
contractors.
41 CFR 109-30.000-50 Subpart 109-30.5 -- Maintenance of the Federal Catalog System
41 CFR 109-30.503 Maintenance actions required.
(b) Standard Form 1303 shall be sent directly to GSA for processing.
Inquiries concerning policy should be directed to the Property and
Equipment Management Division (MA-422).
41 CFR 109-30.503 SUBCHAPTER F -- ADP AND TELECOMMUNICATIONS
41 CFR 109-30.503 PART 109-35 -- TELECOMMUNICATIONS
Sec.
109-35.000 Scope of part.
109-35.000-50 Applicability to contractors.
41 CFR 109-30.503 Subpart 109-35.1 -- General Provisions
109-35.107 Surveys.
109-35.108 Agency payments to common carriers.
41 CFR 109-30.503 Subpart 109-35.2 -- Major Changes and New
Installations
109-35.202 Definition of major changes.
41 CFR 109-30.503 Subpart 109-35.3 -- Utilization and Ordering of
Telecommunications Services
109-35.304 Changes in telephone listing.
109-35.306 Forms for telegraph messages.
41 CFR 109-30.503 Subpart 109-35.4 -- Contracting, Negotiation, and
Representation Involving Telecommunications Services
109-35.402 Contracting.
109-35.405 Submission of requests.
Authority: Sec. 161, as amended, 68 Stat. 948, sec. 205, 63 Stat.
390, as amended; 42 U.S.C. 2201, 40 U.S.C. 486.
Source: 47 FR 39823, Sept. 10, 1982, unless otherwise noted.
41 CFR 109-35.000 Scope of part.
This part prescribes DOE regulations governing telecommunications
activities, which regulations implement Federal Property Management
Regulations.
41 CFR 109-35.000-50 Applicability to contractors.
FPMR 101-37, Telecommunications Management, and DOE-PMR 109-35,
Telecommunications, shall be applied to cost-type contractors'
telecommunications activities as follows:
(a) In all respects to cost-type contractors employing
telecommunications facilities and services which are wholly owned,
leased, or cost reimbursed by the DOE.
(b) To all other cost-type contractors whose telecommunications costs
are directly identifiable and chargeable to DOE, when such costs are
considered significant and to the extent that application of DOE 5300.1,
Telecommunications, is practicable.
41 CFR 109-35.000-50 Subpart 109-35.1 -- General Provisions
41 CFR 109-35.107 Surveys.
Surveys of DOE communications facilities requested by GSA will be
co-ordinated through DOE headquarters.
41 CFR 109-35.108 Agency payments to common carriers.
GSA will advise DOE Headquarters of its requests for common carrier
bills rendered to DOE.
41 CFR 109-35.108 Subpart 109-35.2 -- Major Changes and New Installations
41 CFR 109-35.202 Definition of major changes.
For the purpose of this subpart 109-35.2, the following shall be
deemed major changes or new installations of telecommunications
facilities:
(a) Local telephone service. In connection with 101-37.202(a),
installation or removal of tielines between the gateway PBX and
satellite PBX's on the same site shall be deemed major changes or new
installations requiring GSA review. Significant increases or decreases
in the number of these lines or other information which could have an
effect on the FTS traffic load will be reported to GSA.
(b) Intercity telephone service. Applies as written in 101-37.202(
b).
(c) Data transmission service. Installation or removal of local data
transmission channels or equipment which are used exclusively for onsite
transmission (i.e., in the sense that there can be no direct
transmission by the channel or equipment off the site) shall not require
GSA approval. This, however, does not preclude compliance with the
requirement of Subpart 101-37(c).
(d) Telegraph service. Installation or removal of exclusively onsite
(i.e., in the sense that there can be no direct transmission by the
equipment off the site) teletype leased lines and associated equipment
shall not be deemed major change or new installation.
(e) Communications security service. The GSA/DOE Agreement relating
to communications security service provides information for GSA review
in this area. No additional information need be provided by DOE with
respect to facilities covered by that Agreement.
(f) Radio service. Notification to GSA may be made through the GSA
member of the Interdepartment Radio Advisory Committee (IRAC). DOE need
provide additional information with respect to matters reported to IRAC
only if specifically requested by GSA. For purposes of radio service,
calculation of the 20 regular working days referred to in FPMR
101-37.201-1 shall begin on the date the GSA member of IRAC is advised
of the proposed DOE action. GSA will review applications filed for
''Telephone Action'' and will informally advise DOE of recommendations,
if any, within 5 working days from the date of receipt of the
application from IRAC.
(g) Video and audio service. The requirements of this paragraph
shall not apply to exclusively onsite equipment (i.e., in the sense that
there can be no direct transmission by the equipment or channels off the
site).
41 CFR 109-35.202 Subpart 109-35.3 -- Utilization and Ordering of Telecommunications Services
41 CFR 109-35.304 Changes in telephone listing.
DOE is required to use Standard Form 146 only in connection with
joint use switchboards not operated by DOE or its contractors.
41 CFR 109-35.306 Forms for telegraph messages.
DOE is required to use Standard Form 14 only in connection with DOE
contractors' use of GSA-operated teletypewriter centers.
41 CFR 109-35.306 Subpart 109-35.4 -- Contracting, Negotiation, and Representation Involving Telecommunications Services
41 CFR 109-35.402 Contracting.
Copies of existing DOE communications common carrier contracts shall
be furnished to GSA for information and analysis.
41 CFR 109-35.405 Submission of requests.
Field office requests for GSA assistance will be submitted through
DOE Headquarters.
41 CFR 109-35.405 PART 109-36 -- ADP MANAGEMENT
Sec.
109-36.000 Scope of part.
41 CFR 109-35.405 Subpart 109-36.3 -- Reutilization of Automatic Data
Processing Equipment and Supplies
109-36.300-50 Scope of subpart.
109-36.302-50 Reassignment of ADPE within DOE.
109-36.303-1 Designation of agency ADPE point of contact.
109-36.303-3-50 Reporting excess or exchange/sale ADPE within DOE.
109-36.304 Availability list.
109-36.306 Requests for transfer of excess ADPE or exchange/sale
ADPE.
41 CFR 109-35.405 Subpart 109-36.47 -- Reports
109-36.4700 Scope of subpart.
109-36.4702 Reporting excess or exchange/sale ADPE.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25579, June 21, 1984, unless otherwise noted.
41 CFR 109-36.000 Scope of part.
This part implements and supplements FPMR Part 101-36 as it relates
to utilization and disposal of excess automatic data processing
equipment (ADPE).
41 CFR 109-36.000 Subpart 109-36.3 -- Reutilization of Automatic Data Processing Equipment and Supplies
41 CFR 109-36.300-50 Scope of subpart.
This subpart implements and supplements FPMR Part 101-36.3. Policies
and procedures relating to acquisition, reassignment, or retention of
excess ADPE are contained in policies and procedures established by the
Office of the Director of Administration.
41 CFR 109-36.302-50 Reassignment of ADPE within DOE.
(a) Transfers within DOE of excess ADPE having a current market price
equal to or greater than that specified for major items as defined in
the DOE Program Budget Structure are made pursuant to the requirement
for proposals submitted in accordance with instructions from the Office
of the Director of Administration.
(b) Transfers within DOE of excess ADPE with a current market price
of less than that specified for major items shall be approved by the
head of the field office and the head of the Headquarters organization
having ADPE responsibility for the equipment. However, when more than
one request is received, the field office head shall notify the
requestors that acquisition proposals prepared in accordance with
instructions from the Office of the Director of Administration shall be
forwarded to the field organization for review. After receipt of all
proposals, the field office head shall --
(1) Approve the request for transfer which is judged to be in the
best interest of DOE; or
(2) Where this judgment cannot be made locally, forward the proposals
to the Director of Administration for action in a manner similar to
proposals for equipment having a current market price equal to or
greater than that specified for major items.
41 CFR 109-36.303-1 Designation of agency ADPE point of contact.
The Director of Administration shall designate the DOE point of
contact to carry out the responsibilities contained in FPMR
101-36.303-1.
41 CFR 109-36.303-3-50 Reporting excess or exchange/sale ADPE within
DOE.
(a) All ADPE, either Government-owned or-leased, which is no longer
needed or is scheduled for replacement, shall be made available for
utilization within DOE as soon as plans for the release of such
equipment are known.
(b)(1) Government-owned ADPE shall be reported for utilization
screening within DOE on Standard Form (SF) 120, Report of Excess
Personal Property. The SF 120 shall contain the information required in
FPMR 101-36.4702 and, for internal screening purposes, a release date
(date of availability). If the release date is not firm, a tentative
release date should be given, which would be subject to change until the
actual release date is established.
(2) The SF 120 shall be submitted to the Property and Equipment
Management Division (MA-422) for inclusion in the Reportable Excess
Automated Property System (REAPS) in accordance with 109-43.311-1-50.
(3) ADPE shall not be reported to GSA as excess until this screening
has been accomplished and it has been established that there are no DOE
claimants. Concurrent screening within DOE and GSA is not authorized.
A minimum of 45 days should be allowed for screening ADPE prior to
reporting it to GSA. In those instances where the release date can be
determined sufficiently in advance, additional screening time should be
allowed to permit maximum time for processing of requests to acquire
excess ADPE.
(c) The procedures prescribed in 109-36.303-3-50(b) shall be followed
for leased ADPE. However, when time does not permit sequential DOE and
GSA circularization, excess leased ADPE may be circularized concurrently
in DOE and GSA to assure earned credits are not lost to the Government.
The SF 120 should clearly indicate concurrent screening by DOE and GSA.
Where time does not permit assurance that earned credits are not lost to
the Government, announcement of availability of excess leased ADPE may
be circularized within DOE by teletype (TWX). The TWX should be sent to
all DOE field offices with a request to further distribute to applicable
contractors, and copies should be sent to the Office of ADP Management
(MA-24) and to the Property and Equipment Management Division (MA-422)
at Headquarters.
41 CFR 109-36.304 Availability list.
The Director of Administration shall develop and maintain
distribution patterns for availability lists of excess and exchange/
sale ADPE as contemplated in FPMR 101-36.304.
41 CFR 109-36.306 Requests for transfer of excess ADPE or exchange/ sale
ADPE.
The Director of Administration, heads of field offices, the
Administrator, Energy Information Administration and contracting
officers are authorized to sign Standard Form (SF) 122, Transfer Order
Excess Personal Property, after appropriate approvals, involving
requests for transfer of excess or exchange/sale ADPE, as required by
FPMR 101-36.306(a).
41 CFR 109-36.306 Subpart 109-36.47 -- Reports
41 CFR 109-36.4700 Scope of subpart.
This subpart implements and supplements FPMR Subpart 101-36.47 as it
relates to reporting excess or exchange/sale ADPE to GSA.
41 CFR 109-36.4702 Reporting excess or exchange/sale ADPE.
Excess Government-owned or-leased ADPE and exchange/sale ADPE shall
be reported to GSA on Standard Form (SF) 120, Report of Excess Personal
Property, in accordance with the requirements of FPMR 101-36.4702. No
provision is made in FPMR 101-36.4702 for the use of a TWX as a
substitute for the SF 120 in reporting excess ADPE to GSA. When a TWX is
used to report excess leased ADPE to GSA, it shall be followed up with
an SF 120 to GSA, providing appropriate cross-reference information.
41 CFR 109-36.4702 SUBCHAPTER G -- TRANSPORTATION AND MOTOR VEHICLES
41 CFR 109-36.4702 PART 109-38 -- MOTOR EQUIPMENT MANAGEMENT
41 CFR 109-36.4702 Pt. 109-38
Sec.
109-38.000 Scope of part.
109-38.000-50 Policy.
41 CFR 109-36.4702 Subpart 109-38.0 -- Definition of Terms
109-38.001 Definitions.
41 CFR 109-36.4702 Subpart 109-38.1 -- Reporting Motor Vehicle Data
109-38.100-1-50 Reporting DOE motor vehicle data.
109-38.102-2-50 Reporting DOE domestic and foreign vehicles.
41 CFR 109-36.4702 Subpart 109-38.2 -- Registration and Inspection
109-38.202-50 Registration in foreign countries.
109-38.202-51 Shipment to foreign countries.
41 CFR 109-36.4702 Subpart 109-38.3 -- Official U.S. Government Tags
109-38.302 Records.
109-38.303 Procurement.
109-38.305-50 Security.
109-38.305-51 Lost or stolen license tags.
41 CFR 109-36.4702 Subpart 109-38.4 -- Official Legend and Agency
Identification
109-38.404 Procurement of decalcomanias.
109-38.404-50 Security of decals.
41 CFR 109-36.4702 Subpart 109-38.6 -- Exemptions From Use of Official
U.S. Government Tags and Other Identification
109-38.602 Unlimited exemptions.
109-38.602-50 Additional Department of Energy exemptions.
109-38.605 Additional exemptions.
109-38.606 Approval of tag requests for exempted vehicles in the
District of Columbia.
109-38.607 Report of exempted motor vehicles.
41 CFR 109-36.4702 Subpart 109-38.7 -- Transfer of Title to
Government-Owned Motor Vehicles
109-38.701 Methods of transfer.
109-38.701-50 Delegation of authority to sign Standard Forms 97 and
97A.
41 CFR 109-36.4702 Subpart 109-38.9 -- Motor Vehicle Replacement
Standards
109-38.900-50 Policy.
109-38.907 Fleets.
109-38.908 Exception.
109-38.908-50 Prompt disposal of replaced passenger vehicles.
41 CFR 109-36.4702 Subpart 109-38.10 -- Scheduled Maintenance of Motor
Vehicles
109-38.1003-50 DOE guidelines.
41 CFR 109-36.4702 Subpart 109-38.12 -- Preparation and Control of
Standard Form 149, U.S. Government National Credit Card
109-38.1200 General.
109-38.1201 Billing code.
109-38.1202 Administrative control of credit cards.
109-38.1202-50 Additional control of credit cards.
41 CFR 109-36.4702 Subpart 109-38.13 -- Energy Conservation in Motor
Vehicle Management
109-38.1304 Mandatory provisions affecting the acquisition and use of
all motor vehicles.
109-38.1304-50 Selection of type of motor vehicles.
109-38.1305 Mandatory provisions affecting the acquisition, use, and
replacement of passenger automobiles.
109-38.1306 Acquisition of fuel-efficient passenger automobiles.
109-38.1306-50 Certification of fuel-efficient passenger automobile
acquisitions.
109-38.1307 Acquisition of fuel-efficient light trucks.
109-38.1350 Conservation of motor vehicle fuels.
41 CFR 109-36.4702 Subpart 109-38.50 -- Utilization of Motor Vehicles
109-38.5000 General.
109-38.5001 Utilization controls and practices.
109-38.5002 Use objectives for motor vehicles.
109-38.5003 Application of use goals.
41 CFR 109-36.4702 Subpart 109-38.51 -- Acquisition of Motor Vehicles
109-38.5100 General requirements.
109-38.5101 Authority required for acquisition or hire of passenger
motor vehicles.
109-38.5102 Passenger motor vehicle allocations.
109-38.5103 Acquisition.
41 CFR 109-36.4702 Subpart 109-38.52 -- Aircraft
109-38.5200 Scope of subpart.
109-38.5201 Definitions.
109-38.5202 General.
109-38.5203 Aircraft safety.
109-38.5204 Pilot responsibility and authority.
109-38.5205 Authority required for the acquisition, hire, or
borrowing of aircraft.
109-38.5205-1 Statute.
109-38.5206 Aircraft authorization.
109-38.5207 Management responsibility.
109-38.5208 Registration and identification.
109-38.5209 Airworthiness.
109-38.5210 Maintenance.
109-38.5211 Operation.
109-38.5212 Records.
109-38.5213 Reports.
41 CFR 109-36.4702 Subpart 109-38.53 -- Watercraft
109-38.5300 Scope of subpart.
109-38.5301 Definitions.
109-38.5302 General.
109-38.5303 Watercraft safety.
109-38.5304 Watercraft operations.
109-38.5305 Watercraft identification and numbers.
109-38.5306 Display of flags and seal.
41 CFR 109-36.4702 Subpart 109-38.54 -- Official Use of Motor Vehicles
and Aircraft
109-38.5400 Scope of subpart.
109-38.5401 Statutory requirement.
109-38.5402 Policy.
109-38.5403 Official purposes.
109-38.5404 Approval of authorizations.
109-38.5405 Duration of authorizations.
109-38.5406 Use of a motor vehicle to drive to residence at start of
official travel.
109-38.5407 Use of Government-owned or Government-furnished motor
vehicle in travel status.
109-38.5408 Use of Government-owned or leased bus systems.
109-38.5409 Use of Government motor vehicles in emergencies.
109-38.5410 Use of motor vehicles by the Postal Service.
109-38.5411 Instructions to motor vehicle operators.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25580, June 21, 1984, unless otherwise noted.
41 CFR 109-38.000 Scope of part.
This part implements and supplements FPMR Part 101-38 concerning the
management of motor equipment, vehicles, aircraft and watercraft.
41 CFR 109-38.000-50 Policy.
Necessary motor equipment, vehicles, aircraft and watercraft shall be
provided, maintained and utilized in support of DOE programs in the most
practical and economical manner consistent with program requirements,
safety considerations, fuel economy and applicable laws and regulations.
41 CFR 109-38.000-50 Subpart 109-38.0 -- Definition of Terms
41 CFR 109-38.001 Definitions.
As used in this part the following definitions apply:
(a) Motor equipment means any item of equipment which is
self-propelled or drawn by mechanical power, including motor vehicles,
motorcycles and scooters, construction and maintenance equipment,
materials handling equipment, aircraft and watercraft.
(b) Motor vehicle means any equipment, self-propelled or drawn by
mechanical power, designed to be operated principally on the highways in
the transportation of property or passengers. This includes both
motorcycles and motor scooters.
(c) A replacement off-set is an authorization to one DOE field
organization to acquire a new passenger motor vehicle to replace an old
passenger motor vehicle which has become excess to another DOE field
organization. The transaction does not require the physical transfer of
the excess vehicle, but is limited to a documentary transfer.
(d) Special purpose vehicles have limited but essential missions.
They are not generally used to carry passengers, freight or other
materials. Trucks with permanently mounted equipment, (such as fire
trucks, special tank trucks, wreckers and trucks with compressors or
generators in fixed mounting on the body), may be classified as special
purpose trucks. Vehicles other than sedans and station wagons which are
to be used only during a defined or specified contingency, such as
evacuation or other similar emergency, may also be classified as special
purpose vehicles. For reporting purposes within DOE, motorcycles and
motor scooters will also be reported as special purpose vehicles.
(e) Experimental vehicles are those acquired solely for testing and
research purposes or otherwise designated for experimental purposes.
Such vehicles are to be the object of testing and research as
differentiated from those used as vehicular support to testing and
research. Experimental vehicles are not to be used for passenger
carrying services, and they are not subject to statutory price
limitations or to authorization limitations.
41 CFR 109-38.001 Subpart 109-38.1 -- Reporting Motor Vehicle Data
41 CFR 109-38.100-1-50 Reporting DOE motor vehicle data.
(a) Organizations operating DOE-owned and/or commercially term leased
(60 continuous days or more) motor vehicles shall provide one copy of
the following reports to the Property and Equipment Management Division
(MA-422) by October 31 of each year.
(1) DOE Report of Motor Vehicle Data.
(2) DOE Report of Truck Data.
(b) Copies of the report forms may be obtained by contacting the
Property and Equipment Division.
41 CFR 109-38.102-2-50 Reporting DOE domestic and foreign vehicles.
Separate forms shall be prepared for vehicles located: (a) In the
United States, including territories and possessions, and (b) in a
foreign country.
41 CFR 109-38.102-2-50 Subpart 109-38.2 -- Registration and Inspection
41 CFR 109-38.202-50 Registration in foreign countries.
Motor vehicles used in foreign countries are to be registered and
carry license tags in accordance with the existing motor vehicle
regulations of the country concerned.
41 CFR 109-38.202-51 Shipment to foreign countries.
(a) When motor vehicles are being shipped for use in a foreign
country, the desk officer or individual handling the affairs pertaining
to the country in the Department of State shall be contacted before
shipment is made for information concerning the licensing and shipping
of the vehicle.
(b) The person responsible for, and expected to use, a motor vehicle
in a foreign country shall make inquiry at the United States Embassy,
Legation, or Consulate concerning the regulations that apply to
registration, licensing, and operation of motor vehicles and shall be
guided accordingly.
41 CFR 109-38.202-51 Subpart 109-38.3 -- Official U.S. Government Tags
41 CFR 109-38.302 Records.
(a) The Property and Equipment Management Division (MA-422) assigns
''blocks'' of U.S. Government license tag numbers to DOE organizations
and maintains a current record of such assignments. Additional
''blocks'' will be assigned upon request.
(b) Each Departmental organization shall maintain a current record of
individual assignments of license tags to the motor vehicles under its
jurisdiction as required by FPMR 101-38.302.
41 CFR 109-38.303 Procurement.
The procedures for acquiring official Government license tags by DOE
organizations are covered in DEAR 908.7101-7.
41 CFR 109-38.305-50 Security.
Unissued license tags shall be stored in a locked drawer, cabinet or
storage area with restricted access to prevent possible fraud or misuse.
41 CFR 109-38.305-51 Lost or stolen license tags.
Fleet managers, upon receipt of information on lost or stolen
Government license tags, should promptly report the loss to the local
DOE security office and local law enforcement authorities. Lost or
stolen Interagency Motor Pool Vehicle license tags should be reported to
the applicable General Services Administration motor pool manager.
District of Columbia or state license tags which are lost or stolen
should be reported to the District of Columbia, Department of
Transportation, or the appropriate state agency.
41 CFR 109-38.305-51 Subpart 109-38.4 -- Official Legend and Agency Identification
41 CFR 109-38.404 Procurement of decalcomanias.
The official legend and agency identification for DOE shall be of
elastomeric pigmented film type decalcomania which are currently
available in black (DOE Form 1530.1) and white (DOE Form 1530.2). These
forms shall be requisitioned from the Logistics Management Division
(MA-235) using DOE Form 4250.2, ''Requisition for Supplies, Equipment or
Services'', a local supply request form or a memorandum.
41 CFR 109-38.404-50 Security of decals.
Unissued decals shall be stored in a locker drawer, cabinet or
storage area with restricted access to prevent possible fraud or misuse.
41 CFR 109-38.404-50 Subpart 109-38.6 -- Exemptions From Use of Official U.S. Government Tags and Other Identification
41 CFR 109-38.602 Unlimited exemptions.
(e) Exemptions from the requirement for the display of Federal
license tags and other official identification may be approved by heads
of field offices and the Director of Administration for motor vehicles
under their cognizance which are used in the conduct of security
operations or in the enforcement of security regulations of DOE.
41 CFR 109-38.602-50 Additional Department of Energy exemptions.
The requirements for the display of Federal license tags and other
identification do not apply to motor vehicles used in foreign countries,
Trust Territories, or the Pacific Test Areas (see FPMR
101-38.202 and 109-38.202-50).
41 CFR 109-38.605 Additional exemptions.
(a) Requests made pursuant to FPMR 101-38.605 for exemption from the
requirement for displaying U.S. Government tags and other identification
on motor vehicles which are not within the criteria in FPMR 101-38.602
shall be submitted through normal administrative channels to the
Property and Equipment Management Division (MA-422). Each such request
shall describe the vehicle for which exemption is sought, the nature of
the work on which it is used, and include a certification to the effect
that conspicuous identification would interfere with such use.
(b) The Property and Equipment Management Division (MA-422) shall be
notified promptly when the need for a previously authorized exemption no
longer exists.
(c) Copies of certifications and cancellation notices required to be
furnished to GSA pursuant to FPMR 101-38.605 will be transmitted to GSA
by the Property and Equipment Management Division.
41 CFR 109-38.606 Approval of tag requests for exempted vehicles in the
District of Columbia.
The Director of Administration is designated as the DOE liaison
representative to approve requests for regular District of Columbia
license tags for Headquarters motor vehicles exempted from carrying U.
S. Government license tags and other official identification, and
furnishes annually to the District of Columbia Department of Motor
Vehicles the name and specimen signature of each representative
authorized to approve such requests.
41 CFR 109-38.607 Report of exempted motor vehicles.
The Director of Administration and heads of field offices for their
respective organizations shall maintain records of motor vehicles
exempted from displaying Federal license tags and other identification
which will permit the submission of reports by the Property and
Equipment Management Division upon request of GSA in accordance with
FPMR 101-38.607. The records shall contain a listing by type of each
exempted vehicle operated during the previous fiscal year, giving the
information for each vehicle on hand at the beginning of the year and
each of those newly authorized during the year, including --
(a) By whom exemption was authorized, by name and title of
authorizing official (including any authorization by Headquarters and
GSA);
(b) Date exemption was authorized;
(c) Justification for exemptions and limitations on uses of the
exempted vehicle;
(d) Date of discontinuance for any exemption discontinued during the
year; and
(e) Probable duration of exemption for vehicles continuing in use.
41 CFR 109-38.607 Subpart 109-38.7 -- Transfer of Title to Government-Owned Motor Vehicles
41 CFR 109-38.701 Methods of transfer.
(c) The certificates and copies of Certificate of Release of a Motor
Vehicle (SF's 97 and 97A) shall be numbered consecutively by each DOE
field and Headquarters organization disposing of motor vehicles.
41 CFR 109-38.701-50 Delegation of authority to sign Standard Forms 97
and 97A.
(a) Heads of DOE field offices and the Director of Administration may
delegate the authority to sign SF's 97 and 97A to responsible DOE
personnel under their jurisdiction. The name of the officer delegated
to sign will be typed on the certificate in addition to the signature in
ink.
(b) All DOE field and Headquarters organizations shall establish
proper controls to prevent blank copies of SF's 97 and 97A from being
obtained by unauthorized persons.
41 CFR 109-38.701-50 Subpart 109-38.9 -- Motor Vehicle Replacement Standards
41 CFR 109-38.900-50 Policy.
It is the policy of DOE to continue in service motor vehicles which
meet prescribed replacement standards, but which are in usable and
workable condition, provided that --
(a) A continued need exists for the vehicle;
(b) The vehicle can be operated safely and dependably without
excessive repair and maintenance costs. Normally, when any single
repair job exceeds 25 percent of the estimated current market value of a
vehicle, consideration should be given to replacement in lieu of repair
and retention;
(c) Repair parts are readily obtainable; and
(d) Retention will not substantially reduce the exchange/sale value
of the vehicle.
41 CFR 109-38.907 Fleets.
The replacement limitations cited in FPMR 101-38.907 are applicable
to each of DOE's field organizations and may not be exceeded.
41 CFR 109-38.908 Exception.
Motor vehicles may be replaced without regard to the replacement
standards in FPMR 101-38.9 only after certification by the appropriate
head of the field or Headquarters organization that a vehicle is beyond
economical repair due to accident damage or wear caused by abnormal
operating conditions.
41 CFR 109-38.908-50 Prompt disposal of replaced passenger vehicles.
Because of the limitation on the total number of passenger vehicles
which DOE may own, replaced passenger vehicles shall be removed from
service and disposed of prior to or as soon as practicable after
delivery of the replacement equipment to avoid concurrent operation of
both vehicles. Because of disposal problems, there may be occasions
where quick disposal of the old equipment may not be feasible or
advantageous to the Government, e.g., it may be determined that there is
an insufficient number for economical sale, or that sale would bring
substantially better prices at a later date because of seasonal effects
on sale prices. Under such circumstances, temporary retention of the
replaced passenger vehicle may be justified. However, such retention
may not be used as justification for concurrent operation of the new and
replaced vehicles.
41 CFR 109-38.908-50 Subpart 109-38.10 -- Scheduled Maintenance of Motor Vehicles
41 CFR 109-38.1003-50 DOE guidelines.
(a) Whenever practicable, existing Government service facilities
shall be consolidated, or commercial services shall be utilized, to
reduce to a minimum the maintenance facilities and equipment, supplies,
parts, stocks and overhead costs.
(b) Maintenance also shall be geared to a planned replacement
program. Individual vehicle maintenance record files shall be kept and
made readily available to appropriate maintenance personnel to provide
historical records of past repairs, as a control against unnecessary
repairs and excessive maintenance, and as an aid in determining the most
economical time for replacement.
(c) One-time maintenance and repair limitations shall be established
by heads of field offices. To exceed repair limitations, approval from
heads of field offices is required, particularly as the time of
replacement approaches.
(d) Adequate maintenance schedules shall be provided to accomplish
the following objectives in the most economical manner:
(1) To maintain equipment in safe and economical operating condition.
(2) To prevent equipment failures resulting in program delays and
excessive downtime.
(3) To prevent premature wear and deterioration.
(4) To prevent undue depreciation.
(5) To conserve materials and manpower.
(e) Warranties. (1) Special attention shall be devoted to the
warranty on each motor vehicle to ensure that maximum benefits are
realized. A system should be established to assure that defective
materials and workmanship on vehicles under warranty are corrected under
the terms of the warranty to avoid maintenance and repair of such
vehicles at Government expense.
(2) When motor vehicles are maintained in Government shops in
isolated locations that are distant from franchised dealer shops, or
when it is not practical to return the vehicles to a dealer, billback
agreement shall be sought from manufacturers to permit warranty work to
be performed in Government shops on a reimbursable basis.
41 CFR 109-38.1003-50 Subpart 109-38.12 -- Preparation and Control of Standard Form 149, U.S. Government National Credit Card
41 CFR 109-38.1200 General.
FPMR 101-26.406 authorizes the use of Standard Form 149, U.S.
Government National Credit Card for Federal agencies for obtaining
service station deliveries and services. The use of the SF-149 by each
field organization or by Headquarters is optional. When a field
organization elects to use the form, it shall be used on a field
organization basis.
41 CFR 109-38.1201 Billing code.
DOE organizations shall request the assignment of billing address
code numbers from the Property and Equipment Management Division
(MA-422). Following the assignment, DOE organizations shall submit
orders for issuance of national credit cards in accordance with FPMR
101-26.406-5 and the current Federal Supply Schedule FSC Group 75, Part
VII. The billing code consists of the following:
(a)(1) The first three digits of the 10-digit billing code embossed
on national credit cards in use by DOE will always be 000.
(2) The fourth digit may be used by DOE organizations and contractors
to designate the vehicle class or provide additional billing code
numerals. If not used for either of these purposes, zero will be used.
(3) The fifth and sixth digits will be ''89'', the agency code
assigned to DOE.
(4) The seventh, eighth, and ninth digits indicate the billing
address code number.
41 CFR 109-38.1202 Administrative control of credit cards.
(a) The head of each organization using credit cards shall be
responsible for establishing procedures to provide for the
administrative control of credit cards in accordance with the guidelines
set forth in FPMR Part 101-38.1202.
41 CFR 109-38.1202-50 Additional control of credit cards.
(a) All vehicle operators should be provided with appropriate
instructions regarding the use and protection of credit cards against
theft and misuse.
(b) In the event an SF-149 is lost or stolen, reasonable precautions
shall be taken to minimize the opportunity of purchases being made by
unauthorized persons. In addition to the written notification required
in FPMR 101-38.1202(b)(1), the paying office shall be promptly notified
of the loss or theft and to be on the alert for any unauthorized bills.
41 CFR 109-38.1202-50 Subpart 109-38.13 -- Energy Conservation in Motor Vehicle Management
41 CFR 109-38.1304 Mandatory provisions affecting the acquisition and
use of all motor vehicles.
(c) The use of motor vehicles for official purposes within DOE is
governed by the provisions of DOE subpart 109-38.54.
(d) All requirements for term rentals or leases of sedans, station
wagons or light trucks under 8,500 pounds gross vehicle weight shall be
submitted to the Property and Equipment Management Division (MA-422) in
accordance with 109-38.1306-50, 109-38.1307 and DEAR 908.1170.
41 CFR 109-38.1304-50 Selection of type of motor vehicles.
(a) All vehicles acquired for use, whether by buy, hire, lease,
forfeiture or transfer from another agency, shall be limited to the
minimum body and engine size, and to only that operational equipment (if
any) necessary to fulfill programmatic needs.
(b) The least expensive unit overall should be used, considering both
acquisition and operating costs for units to be bought, and rental rates
for rented or leased units.
(c) Dual-purpose vehicles capable of hauling both personnel and light
cargo shall be used whenever appropriate to avoid the need for two
vehicles when one can serve both purposes. However, truck-type or van
vehicles shall not be acquired for passenger use merely to avoid
limitations on the number of passenger vehicles which may be acquired.
(d) Motor scooters and motorcycles in place of higher cost motor
vehicles can be used advantageously for certain applications within
plant areas, such as mail and messenger service and small parts and tool
delivery. Their advantage, however, should be weighed carefully from
the standpoint of overall economy (comparison with cost for other types
of motor vehicles) and increased safety hazards, particularly when
mingled with other motor vehicle traffic.
(e) Electric vehicles may be used advantageously for certain
applications. The use of these vehicles is encouraged wherever it is
feasible to use them to further the goal of fuel conservation.
41 CFR 109-38.1305 Mandatory provisions affecting the acquisition, use,
and replacement of passenger automobiles.
In accordance with FPMR 101-38.1305, all requests to acquire
passenger automobiles larger than class 1A, 1B or II shall be forwarded
with justifications through normal administrative channels to the
Property and Equipment Management Division (MA-422) for certification to
GSA.
41 CFR 109-38.1306 Acquisition of fuel-efficient passenger automobiles.
(a) Organizations conducting motor vehicle operations shall forward
annually (on or before December 1) to the Property and Equipment
Management Division (MA-422) a plan for acquisition of passenger motor
vehicles for the next fiscal year. This plan shall conform to the fuel
efficiency standards for motor vehicles for the applicable fiscal year,
as established by Executive Order 12375 and as implemented by GSA and
current DOE directives. Additional guidance for the preparation of the
plan will be issued by the Property and Equipment Management Division
(MA-422) as required. This organization shall also review each
submission for conformance with established fuel efficiency standards
and shall develop and forward to GSA the Departmental consolidated
annual motor vehicle acquisition forecast.
41 CFR 109-38.1306-50 Certification of fuel-efficient passenger
automobile acquisitions.
(a) Requisitions for the buying of passenger motor vehicles shall be
forwarded to the Property and Equipment Management Division (MA-422) for
review, certification and submission to GSA.
(b) Proposals/ requests for commercially leased passenger
automobiles, for a period of 60 continuous days or more, shall be
forwarded to the Property and Equipment Management Division (MA-422) for
review and certification prior to entering into an agreement to lease to
insure compliance with Executive Order 12375 as implemented by GSA.
41 CFR 109-38.1307 Acquisition of fuel-efficient light trucks.
In accordance with FPMR 101-38.1307 and Executive Order 12375, the
requirements of 109-38.1306 and 109-38.1306-50 also apply to the
acquisition of any truck under 8,000 pounds gross vehicle weight and
covered by Federal Standards 292 and 307.
41 CFR 109-38.1350 Conservation of motor vehicle fuels.
In furtherance of energy conservation objectives, each organization
within DOE shall establish programs which will ensure achievement of the
reduced motor vehicle fuel consumption objectives. The following actions
shall be adopted to achieve the conservation goals of reduced motor
vehicle fuel consumption:
(a) Do not idle engine for long periods of time.
(b) Reduce motor vehicle travel to the maximum extent practicable
without jeopardizing essential business.
(c) Use the smallest vehicle that is feasible for the job.
(d) Maintain tire pressure to tire manufacturer's recommendations.
Check pressure at least once each week.
(e) Give wide publicity on proper driving techniques as prescribed by
GSA to conserve fuels and require that all drivers diligently follow
them.
(f) Limit speed to the National Speed Limit.
(g) Ensure proper maintenance and servicing procedures, such as
tuneups, in accordance with the manufacturer's latest specifications.
41 CFR 109-38.1350 Subpart 109-38.50 -- Utilization of Motor Vehicles
41 CFR 109-38.5000 General.
It is DOE policy to keep the number of motor vehicles at the minimum
needed to satisfy program requirements. To assure attainment of this
goal, continuing attention shall be given to developing and implementing
controls and practices which will help achieve the most practical and
economical utilization of vehicles.
41 CFR 109-38.5001 Utilization controls and practices.
Controls and practices to be used by DOE organizations and
contractors for achieving maximum economical utilization of motor
vehicles shall include, but not be limited to --
(a) The maximum use of equipment pooling arrangements, taxicabs,
shuttle buses, or other common service arrangements;
(b) The minimum, practicable assignment of equipment to individuals,
groups or specific organizational components with periodic documented
reviews of such assignments to determine if underutilization exists and
whether reassignment is necessary;
(c) Frequent review of vehicle utilization statistics by appropriate
levels of management, with prompt reassignment and/or disposal action
performed as required;
(d) The careful selection of equipment types to permit the maximum
appropriate use of multi-purpose equipment;
(e) The rotation of equipment between high and low mileage
assignments where practicable to maintain the fleet in the best overall
replacement age and mileage balance and operating economy; and
(f) The maintenance of individual equipment use records, such as trip
tickets or vehicle logs, showing sufficiently detailed information to
evaluate appropriateness of assignment and adequacy of use being made.
If one-time use is involved, such as assignments from motor pools, the
individual's trip records must, as a minimum, identify the vehicle and
show the name of the operator, dates, destination, time of departure and
return, and mileage.
41 CFR 109-38.5002 Use objectives for motor vehicles.
The following use goals are established for DOE as average
objectives:
(a) Sedans and station wagons -- 3,000 miles per quarter or 12,000
miles per year.
(b) Light trucks and general purpose vehicles, one ton and under
(less than 12,500 GVW) -- 10,000 miles per year.
(c) Medium trucks and general purpose vehicles, 1 1/2 ton through 2
1/2 ton (12,500 to 16,999 GVW) -- 7,500 miles per year.
(d) Heavy trucks and general purpose vehicles, three ton and over
(17,000 GVW and over) -- 7,500 miles per year.
(e) Truck tractors -- 10,000 miles per year.
(f) All-wheel-drive vehicles -- 7,500 miles per year.
(g) Other motor vehicles -- No average use goals for other trucks,
ambulances, buses, and special purpose vehicles are established. The
use of such equipment shall be reviewed and necessary action taken to
ensure that the equipment is fully utilized or declared excess to the
Department's needs.
41 CFR 109-38.5003 Application of use goals.
Individual motor vehicle utilization cannot always be measured or
evaluated strictly on the basis of miles operated or against any
Department-wide mileage standard. Other measures of use will need to be
considered. Accordingly, as an aid in achieving maximum feasible
utilization, local use objectives which represent practical units of
measurement for vehicle utilization and for planning and evaluating
future vehicle requirements must be established. Such objectives should
generally be initiated by the organization involved and reviewed and
adjusted as appropriate, but not less often than annually. The
objectives will take into consideration past performance, future
requirements and special operating conditions, and should be consistent
with the justifications used to obtain vehicle authorizations. Both
Department-wide and local use objectives should be applied in such a
manner that their application does not stimulate vehicle use for the
purpose of meeting the objective. The ultimate standard against which
vehicle use must be measured is that the minimum number of vehicles will
be retained to satisfy program requirements.
41 CFR 109-38.5003 Subpart 109-38.51 -- Acquisition of Motor Vehicles
41 CFR 109-38.5100 General requirements.
The acquisition of motor vehicles shall be limited to the minimum
number needed to adequately serve program requirements and satisfy the
intent of Congress. Any additions to the fleet must be fully justified
and the justification shall include substantiation that the intent of
109-38.000-50 and 109-38.50 are satisfied.
41 CFR 109-38.5101 Authority required for acquisition or hire of
passenger motor vehicles.
(a) In accordance with 31 U.S.C. 1343, authority for the buying,
leasing, or hire of passenger motor vehicles is contained in the annual
appropriation act for DOE.
(b) The acquisition of passenger motor vehicles by transfer from
another Government agency shall be considered as an addition to the DOE
passenger motor fleet.
(c) Passenger motor vehicles may not be bought or acquired by
transfer or loan unless they are --
(1) Specifically authorized by the Director of Procurement and
Assistance Management, pursuant to the appropriation concerned or other
law;
(2) Acquired from excess for upgrading or replacement purposes and an
equal number of replaced vehicles are reported for disposal as excess
within 30 days; or
(3) For temporary emergency needs not in excess of three months in
lieu of commercial rentals.
(4) For temporary emergency needs over three months and approved by
the Director of Procurement and Assistance Management.
41 CFR 109-38.5102 Passenger motor vehicle allocations.
(a) To assure that DOE acquisitions do not exceed the number of
passenger motor vehicles authorized to be acquired in any fiscal year,
the Director of Procurement and Assistance Management shall allocate to
and inform the field organizations of the number of passenger motor
vehicles which may be acquired each fiscal year. These allocations and
the statutory cost limitations shall not be exceeded.
(b) In order that unused allocations to acquire passenger motor
vehicles may be reassigned within the Department, the organizations
concerned shall notify the Property and Equipment Management Division
(MA-422) when allocations will not be used. Such notification shall be
submitted as soon as possible but not later than June 15 of each year.
(c) Passenger motor vehicles acquired from excess to meet temporary
emergency needs for longer than three months shall be charged against
the number authorized for purchase unless otherwise approved by the
Director of Procurement and Assistance Management (See Comp. Gen.
Decision. B-154282 dated October 15, 1966).
(d) In order that passenger vehicles no longer needed by one field
organization may be used by another, either by actual transfer for
continued use or as replacement off-sets, they shall be reported to the
Property and Equipment Management Division (MA-422) prior to any
disposal action so that such use can be properly coordinated within DOE.
41 CFR 109-38.5103 Acquisition.
(a) Policies and procedures for the procurement of new motor
vehicles, including provisions for the acquisition of additional systems
and equipment for sedans and station wagons, are set forth in FPMR
101-25.304 and 101-26.5 and DEAR 908.7101.
(b) Policies and procedures for the leasing of motor vehicles are set
forth in FPMR 101-39.601 and DEAR 908.11. The Director of Administration
and heads of field offices for their respective organizations are
responsible for certifying that leased passenger vehicles larger than
type II (compact) are essential to the mission of the organization
concerned.
41 CFR 109-38.5103 Subpart 109-38.52 -- Aircraft
41 CFR 109-38.5200 Scope of subpart.
This subpart establishes basic policies and procedures that apply to
the management of aircraft and aircraft services, excluding aircraft
owned and operated by other Federal activities for DOE.
41 CFR 109-38.5201 Definitions.
As used in this subpart the following definitions apply:
(a) Aircraft means a device that is used or intended to be used for
flight in the air, including: heavier than air, and lighter than air
and ultra-light aircraft, gliders, helicopters, rigid and nonrigid
airships, and balloons.
(b) Chartered aircraft are aircraft rented or hired on an
intermittent basis, with or without the services of a pilot or other
operating aircrew members.
(c) Leased aircraft are aircraft obtained on a contractual basis, for
a stipulated time interval, as distinguished from intermittent charter
or short-term rental.
(d) Military aircraft are aircraft on loan from the Department of
Defense (DOD).
(e) Pilot is an individual possessing the required FAA credentials
and meeting the qualification requirements and other criteria as
required by the employing organization.
(f) Part-time pilot is one who is employed specifically to operate
aircraft on a ''when-needed'' basis.
41 CFR 109-38.5202 General.
Department-wide policies, standards, guidelines and procedures for
management of aircraft and aviation services, necessary staff
assistance, and general liaison with other Federal agencies are provided
by the Director of Procurement and Assistance Management. Heads of
field offices must ensure that management, review, approval and
accounting procedures and systems are implemented to comply with the
requirements of OMB Circular A-126, ''Improving the Management and Use
of Government Aircraft.''
41 CFR 109-38.5203 Aircraft safety.
(a) Policy development and general overview of aircraft safety in
Departmental operations is exercised by the Assistant Secretary for
Policy, Safety and Environment.
(b) Aviation operations and aircraft safety standards, criteria and
procedures for DOE aviation operations are established by the Assistant
Secretary for Policy, Safety and Environment. Heads of field offices
may establish higher safety standards, criteria and procedures when they
have determined that it is necessary to assure the safety of specific
operations under their jurisdiction.
41 CFR 109-38.5204 Pilot responsibility and authority.
(a) It shall be the responsibility of the pilot to be aware of, and
conform to, Federal Aviation Regulations and other requirements of the
Federal Aviation Administration (FFA), Department policies and field
organization directives, and the regulations and directives of other
applicable authority, including those relating to use for official
purposes only.
(b) The pilot is responsible for ensuring that all necessary
maintenance, repairs and FAA inspections are accomplished and for
determining that the aircraft is airworthy.
(c) The pilot is at all times responsible for the safe operation of
his aircraft and for the safety of his crew and passengers. Insofar as
the loading of the aircraft, weather, mechanical, and other safety
conditions are concerned, the pilot shall have final authority for
determining whether a particular flight shall be continued or terminated
and how it shall be made.
41 CFR 109-38.5205 Authority required for the acquisition, hire, or borrowing of aircraft.
41 CFR 109-38.5205-1 Statute.
(a) In accordance with 31 USC 1343(d), authority for the buying,
leasing, or hire of aircraft is contained in the annual appropriation
act for DOE.
(b) The acquisition of aircraft by transfer from another Government
agency shall be considered as an addition to the DOE aircraft fleet.
(c) Aircraft may not be bought, leased, or acquired by transfer or
loan unless they are --
(1) Specifically authorized by the Director of Procurement and
Assistance Management, pursuant to the appropriations concerned or other
laws (except for temporary rentals or loans of 30 days or less);
(2) Temporary rental or loans (30 days or less) approved by the head
of the field office; or
(3) Acquired from Government excess for upgrading or replacement
purposes, provided: (i) That such acquisition is without reimbursement,
(ii) that the aircraft can be certified as airworthy without extensive
or costly modification, and (iii) that an equal number of aircraft is
reported for disposal as excess within 30 days after delivery of the
replacement aircraft.
41 CFR 109-38.5206 Aircraft authorization.
(a) To assure that acquisitions do not exceed the number of aircraft
authorized to be acquired in any fiscal year, the Director of
Procurement and Assistance Management shall inform DOE field
organizations each fiscal year of the number of aircraft which may be
acquired. These authorizations shall not be exceeded.
(b) The acquisition of specific aircraft by type shall be coordinated
with the Office of Operational Safety (PE-242) to assure that the
selected aircraft type can perform the mission requirements safely and
meet all applicable safety standards.
41 CFR 109-38.5207 Management responsibility.
The head of each field organization having an aircraft operation
shall establish procedures to ensure --
(a) That the acquisition of aircraft, including military aircraft, is
centrally controlled to ensure that authorizations are not exceeded;
(b) Because of the statutory limitations on the number of aircraft
which DOE may acquire, replaced aircraft must be removed from service
and disposed of prior to or as soon as practicable after delivery of the
replacement equipment to avoid concurrent operation of both aircraft.
(c) That each aircraft is equipped with the appropriate avionics and
accessories required by its FAA type certification or military
department's operators manual for the type of flight intended. Life
jackets shall be provided and readily available for all occupants of
aircraft on extended overwater flights as defined in Federal Aviation
Regulation 1.1. Aircraft on flights into isolated areas shall be
equipped with emergency rations and appropriate survival gear;
(d) Conformance with FAA requirements for the registration,
certification, maintenance, and operation of aircraft, engines, and
component equipment;
(e) Selection of qualified pilots and crew members and the
maintenance of pilot and crew competence commensurate with job
requirements;
(f) Establishment of dispatching and tracking procedures or other
controls that will assure knowledge of aircraft location when operating
in areas where flight plan service is not available;
(g) Overall safe, efficient, and economical operation, maintenance,
utilization, and replacement of aircraft;
(h) That pooling is used as necessary to obtain maximum utilization;
(i) That contract or charter pilots are duly certified to meet all
requirements and regulations established by the FAA for the particular
aircraft;
(j) That chartered, leased, or rented aircraft are operated and
maintained in compliance with all rules, regulations, and minimum
standards of the FAA;
(k) Than any charter, rental or hire of aircraft and operators shall
meet the requirements of 14 CFR 135; and
(l) That DOE-owned, -leased, and borrowed aircraft are used for
official purposes only and that all flight and operational personnel,
including the pilots, are aware of the provisions of 109-38.54.
41 CFR 109-38.5208 Registration and identification.
(a) Department-owned aircraft shall be registered with the FAA. The
certificate of registration shall be displayed in the aircraft in
accordance with FAA requirements. A similar requirement shall be
included in any arrangement for the charter, rent, hire, loan or lease
of aircraft.
(b) All aircraft shall display markings as required by the Federal
Aviation Regulations for registered aircraft of the United States.
41 CFR 109-38.5209 Airworthiness.
With the exception of public use aircraft being operated under
special regulations of the FAA, all aircraft shall be required to have a
currently effective FAA Airworthiness Certificate appropriate to the
proposed usage. This certificate shall be displayed in the aircraft.
Exceptions to this requirement are: (a) Uncertified aircraft may be
ferried with minimum crew when there is a written determination by the
head of the field office or his designee that the aircraft is safe for
flight, and (b) aircraft obtained by transfer from the Department of
Defense or the U.S. Coast Guard may be ferried incident to such transfer
when the aircraft has been released as airworthy for flight.
41 CFR 109-38.5210 Maintenance.
As a minimum, all aircraft, aircraft engines, propellers,
accessories, and equipment shall be maintained and serviced in
accordance with FAA requirements for air carrier and non-air carrier
aircraft, as appropriate, and the instructions of the manufacturer. All
repairs and alterations shall be performed and approved in accordance
with applicable FAA or military standards and requirements. Preventive
maintenance inspections shall be made of the airframe, engine, and
accessory equipment in conformance with the equipment manufacturer's
recommendations and FAA or military requirements, as applicable.
41 CFR 109-38.5211 Operation.
(a) Flight operations must comply with the Federal Aviation
Regulations, and responsibility for such compliance rests with the pilot
of the aircraft ( 109-38.5204). Any special problem requiring deviation
from the regulations shall be submitted through normal administrative
channels to the Assistant Secretary for Policy, Safety and Environment
for review and possible referral to the FAA for an appropriate waiver.
Such a waiver is required for all fixed-wing aircraft engaged in
low-level flying, and any change of conditions shall be reported to the
responsible FAA District Office.
(b) Flight plans are required for all flights over isolated areas,
and are also required for flights under visual flight rules (VFR)
conditions except where the flight is of a local nature. Where normal
flight plan channels are not available, the procedures as stated in
109-38.5207(f) or other controls shall be followed that will assure
current knowledge by responsible DOE or DOE contractor personnel of the
aircraft's operating plan and of its arrival at destination.
(c) Aircraft, engines, and equipment shall be operated within the
operating limits prescribed by the manufacturer.
(d) Adequate preflight and in-flight check lists shall be provided
to, and used by, all pilots. A visual preflight inspection shall be
made by the pilot before each takeoff, and any deficiency which might
affect the safety of the flight shall be corrected before takeoff.
(e) All flights shall be planned and conducted so that the aircraft
will arrive over its destination with a fuel reserve sufficient to reach
a planned alternate destination. Flights conducted under FAA Instrument
Flight Rules shall be required to conform to FAA fuel-time minimum
requirements, or better.
41 CFR 109-38.5212 Records.
As a minimum, flight, aircraft, and engine logs shall be maintained
in accordance with FAA requirements, and records of operations,
maintenance, and costs shall be maintained as required for management
budgetary and reporting purposes. Heads of field offices shall
establish requirements for other records needed.
41 CFR 109-38.5213 Reports.
(a) Organizations operating aircraft shall complete a DOE Form
4450.1, Aircraft Cost and Operations Report, for each DOE-owned, -leased
(over 30 days) or borrowed aircraft operated during the fiscal year.
The completed forms shall be submitted to the Property and Equipment
Management Division (MA-422) by December 31 of each year, or upon
receipt or disposal of individual aircraft.
(b) Reports shall be submitted as required by the Federal Aviation
Administration, the National Transportation Safety Board, the General
Services Administration, and the Assistant Secretary for Policy, Safety
and Environment. Heads of field offices shall establish the
requirements for other reports that may be needed for management or
other purposes.
(c) All accidents involving aircraft shall be reported promptly to
the National Transportation Safety Board, the Federal Aviation
Administration as required, the head of the field organization concerned
and the Assistant Secretary for Policy, Safety and Environment.
41 CFR 109-38.5213 Subpart 109-38.53 -- Watercraft
41 CFR 109-38.5300 Scope of subpart.
This subpart establishes basic policies and procedures that apply to
the management of all watercraft operated by DOE organizations and
contractors. The policies and procedures set forth herein are minimal,
and the head of each Departmental organization operating watercraft
shall issue such supplemental instructions as may be needed to ensure
the effective and efficient management of watercraft.
41 CFR 109-38.5301 Definitions.
As used in this subpart the following definitions apply:
(a) Watercraft means any vessel used to transport persons or material
on water.
(b) Qualified Operator means any person who has exhibited skill in
handling watercraft, knowledge of ''Rules of the Road,'' and other basic
watercraft knowledge necessary for safe and efficient operation.
(c) Rules of the Road means laws which govern the operation of
watercraft on: (1) Great Lakes, (2) western rivers, (3) Inland, and (4)
International Waters.
41 CFR 109-38.5302 General.
Departmental-wide policies, standards, guidelines and procedures for
management of watercraft are established by the Director of Procurement
and Assistance Management.
41 CFR 109-38.5303 Watercraft safety.
Policy development and general overview of watercraft safety in
Departmental operations is exercised by the Assistant Secretary for
Policy, Safety and Environment.
41 CFR 109-38.5304 Watercraft operations.
(a) No person may operate a watercraft on a waterway until skill of
operation, knowledge of rules of the road, and basic watercraft
knowledge have been exhibited to the head of the field office. The U.
S. Coast Guard Auxiliary (USCG), American Red Cross and U.S. Power
Squadrons teach public courses in some locations which are applicable to
small boat operations (non-commercial watercraft up to 65' overall
length).
(b) Before a watercraft is put underway, the operator shall check the
vessel to ensure that the necessary equipment, including personal
flotation devices and lights, as required by laws applicable to the area
of operation, are present, properly stowed and in proper working order.
Optional equipment recommended by USCG or other competent authority
shall also be included when determined to be necessary by the
responsible field office.
(c) Operators shall comply with all applicable Federal, state and
local laws pertaining to the operation of watercraft. Where no state
boating law exists, the requirements of the Federal Boating Act of 1958,
as amended, shall apply.
(d) Operators shall not use watercraft or carry passengers except in
the performance of official Departmental assignments.
41 CFR 109-38.5305 Watercraft identification and numbers.
(a) Watercraft in the custody of DOE or DOE contractors shall display
identifying numbers, whether issued by the U.S. Coast Guard, state or
local field office. The numbers will be in addition to Departmental
property control or other identification. Numbers shall be in block
form affixed to the bow section, on both sides. Numbers and/or letters
shall read from left to right in contrasting color to background not
less than three (3) inches in height. When a watercraft is not
registered by either the U.S. Coast Guard or state, the field
organization shall assign an alpha-numeric designation, which will
reflect Departmental and field office issue. Example -- DOE-4560-SR.
(Note: Some states specify the arrangement of numbers and letters which
shall be used by Federal small boats home posted in the state's waters.
Compliance with such a requirement is appropriate.)
(b) DOE is not required to have DOE-owned watercraft inspected and
registered by the U.S. Coast Guard, but these services may be provided
upon request.
41 CFR 109-38.5306 Display of flags and seal.
Watercraft with overall length of twenty (20) feet or more, except
barges, shall display the U.S. Ensign (National Flag). The display of
the Departmental flag is optional. Location and times of display of
flags shall be in accordance with accepted practice. A facsimile of the
Departmental seal may also be displayed. When the seal is used it shall
be placed on the superstructure in a prominent place and a size
appropriate to the superstructure; except that if there is no
superstructure, the seal shall be placed above the water line in the
midship section of watercraft.
41 CFR 109-38.5306 Subpart 109-38.54 -- Official Use of Motor Vehicles and Aircraft
41 CFR 109-38.5400 Scope of subpart.
This subpart supplements FPMR Part 101-38, implements the provisions
of statutes concerning the use of Government-owned, -rented or -leased
motor vehicles and aircraft for official purposes and prescribes
policies and procedures governing the use of such vehicles and aircraft
acquired for official purposes.
41 CFR 109-38.5401 Statutory requirement.
(a) 31 U.S.C. 1344(a) provides that, unless otherwise specifically
provided, no appropriation available for any department shall be
expended for the maintenance, operation, and repair of any
Government-owned passenger motor vehicle or aircraft not used
exclusively for official purposes. Official purposes shall not normally
include the transportation of officers and employees between their
domiciles and places of employment, except in cases of medical officers
on outpatient medical service, and where officers and employees are
performing field work which makes such transportation necessary and
which has been approved by the head of the department concerned.
(b) In accordance with 31 U.S.C. 1349(b), any officer or employee of
the Government who willfully uses or authorizes the use of any
Government-owned motor vehicle or aircraft or any motor vehicle or
aircraft leased by the Government, for other than official purposes,
shall be suspended from duty by the head of the department concerned,
without compensation, for not less than one month and shall be suspended
for a longer period or summarily removed from office if circumstances
warrant.
(c) Under the provisions of 18 U.S.C. 641, any person who knowingly
misuses any Government property (which includes Government motor
vehicles) is subject to criminal prosecution and, upon conviction, to
fines up to $10,000 and/or imprisonment for up to 10 years.
(d) In addition to the potential administrative sanctions and
criminal prosecution cited above, 31 U.S.C. 1344 is interpreted to
preclude reimbursement to Government contractors for the maintenance,
operation or repair of Government-owned, -rented, or -leased passenger
motor vehicles or aircraft which are used by contractor personnel for
other than official purposes.
41 CFR 109-38.5402 Policy.
All Government-owned, -rented or -leased motor vehicles and aircraft
operated by DOE and its contractors shall be utilized for official
purposes only, and officers, employees and contractors of the Department
shall not use or authorize others to use any Government-owned, -rented
or -leased motor vehicle or aircraft for other than official purposes.
It should be understood that use of Government-owned, -rented or -leased
motor vehicles between an employee's domicile and place of employment
when adequately justified may be authorized only as an exceptional
action but not as a routine occurrence.
41 CFR 109-38.5403 Official purposes.
(a) The term ''official purposes'' means those purposes required to
carry out authorized programs, including program work carried out under
contracts made pursuant to authority vested in the Department.
''Official purpose'' largely is a matter of administrative discretion
and determination based on the particular facts of the case and the
Government interest in the proposed use of the Government motor vehicle.
It is the responsibility of the person authorizing or approving the use
to examine the circumstances surrounding such use and assure that the
facts sufficiently justify a conclusion of ''official purpose.''
(b) The term ''field work'' as used in 31 U.S.C. 1344a quoted above
refers to the nature of the work performance; it is not restricted to
''field service'' as distinguished from ''Headquarters service.''
41 CFR 109-38.5404 Approval of authorizations.
(a) The Director of Administration and heads of field offices for
their respective organizations may approve the use of a
Government-owned, -rented, or -leased motor vehicle between a DOE
employee's domicile and place of employment. This authority may be
redelegated but not below the chief administrative officer level.
(b) Heads of field offices and contracting officers shall require:
(1) Contracting officer approval for all contractor authorizations
over 10 days;
(2) That contractors prescribe and issue, subject to approval by the
head of the field organization or contracting officer, such local
written guidelines regarding the official use of motor vehicles or
aircraft and the penalties for unauthorized use as may be necessary and
appropriate for particular operating situations; and
(3) That the use of Government-owned, -rented, or -leased motor
vehicles or aircraft by contractor employees for transportation between
places of employment and domiciles, including storage at or near such
domiciles, is justified in accordance with 109-38.5403, and that such
justifications, administrative determinations, and authorizations for
such use and storage by contractor employees are documented and approved
at appropriate supervisory levels within the contractor's organization
and by the contracting officer when required by 109-38.5404(b)(1).
(c) The approving official shall determine whether the official
duties of the employees justify a conclusion of official purpose in
accordance with 109-38.5403. All approvals and supporting documentation
shall be in writing and retained for three calendar years.
41 CFR 109-38.5405 Duration of authorizations.
An authorization to use a motor vehicle for transportation between a
domicile and place of employment shall be limited to the period of
actual need or 60 days, whichever is less. Requests for renewals of
such authorizations shall be subject to the same justification and
document retention procedures as original requests, and must also
indicate what attempts were made during the original period to eliminate
the necessity for such use.
41 CFR 109-38.5406 Use of a motor vehicle to drive to residence at start
of official travel.
The use of a Government motor vehicle by an officer or employee to
drive to his/her residence when it is in the interest of the Government
that the employee start on official travel in the vehicle from that
point, rather than from his/her place of business, is not regarded as
prohibited by 31 USC 1344(a), (25. Comp. Gen. 844) or by Departmental
policy.
41 CFR 109-38.5407 Use of Government-owned or Government-furnished motor
vehicles in travel status.
The use of Government-owned or Government-furnished motor vehicles by
Government employees while in travel is governed by the Federal Travel
Regulations (FTR 1-2.6a) and Chapter III-3 of DOE Order 1500.2 (DOE
Travel Policy and Procedures Manual).
41 CFR 109-38.5408 Use of Government-owned or-leased bus systems.
The provisions of this subpart do not affect passenger use of
Government-owned or -leased bus systems (regardless of type of vehicle
used in such system) established under the provisions of section 161e of
the Atomic Energy Act of 1954, as amended (42 U.S.C. 2201e).
41 CFR 109-38.5409 Use of Government motor vehicles in emergencies.
In limiting the use of Government motor vehicles to official
purposes, it is not intended to preclude their use in emergencies
threatening loss of life or property (see 109-1.5102). Such use shall be
documented.
41 CFR 109-38.5410 Use of motor vehicles by the Postal Service.
(a) Section 411 of the Postal Reorganization Act provides that
executive agencies are authorized to furnish property and services to
the Postal Service under such terms and conditions, including
reimbursability, as the Postal Service and the agency concerned deem
appropriate. Executive Order 11672 establishes a requirement for
reimbursement at fair market value of such property or at a rate based
on appropriate commercial charges for comparable property , as agreed to
by the agency head and the Postmaster General, unless the Director of
the Office of Management and Budget finds that a different basis of
valuation is more equitable or better serves the public interest.
(b) Pursuant to the authority in 39 U.S.C. 411, motor vehicles may be
made available to the Postal Service for temporary use. The rental rate
to be charged shall be the same as is charged by the General Services
Administration for similar motor vehicles available from the interagency
motor pool serving the geographical area involved, with appropriate
allowances for any fuel and oil furnished by the Postal Service.
41 CFR 109-38.5411 Instructions to motor vehicle operators.
Procedures shall be established to inform motor vehicle operators
concerning --
(a) The statutory requirement that motor vehicles shall be used only
for official purposes;
(b) Personal responsibility for safe driving and operation of motor
vehicles, and for compliance with Federal, State, and local laws and
regulations, and all accident reporting requirements;
(c) Protection for DOE employees under the Federal Tort Claims Act
(28 U.S.C. 2671) when acting within the scope of their employment;
(d) The penalties for unauthorized use of motor vehicles;
(e) The prohibition against picking up strangers or hitchhikers, and
the transportation of non-official passengers:
(f) The proper care, control and use of credit cards; and
(g) Any other duties and responsibilities assigned to motor vehicle
operators with regard to use, care, operation, and maintenance of motor
vehicles.
41 CFR 109-38.5411 PART 109-39 -- INTERAGENCY MOTOR VEHICLE POOLS
Sec.
109-39.000 Scope of part.
41 CFR 109-38.5411 Subpart 109-39.3 -- Motor Vehicle Exemptions
109-39.302 Unlimited exemptions.
109-39.303 Limited exemptions.
41 CFR 109-38.5411 Subpart 109-39.4 -- Establishment, Modification, and
Discontinuance of Motor Pools
109-39.404-3 Problems involving service or cost.
109-39.404-4 Agency requests to withdraw participation.
41 CFR 109-38.5411 Subpart 109-39.6 -- Official Use of Government Motor
Vehicles and Related Motor Pool Services
109-39.602-1 Government vehicles.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25589, June 21, 1984, unless otherwise noted.
41 CFR 109-39.000 Scope of part.
This part implements and supplements FPMR Part 101-39 concerning the
establishment and operation of interagency motor vehicle pools and
systems.
41 CFR 109-39.000 Subpart 109-39.3 -- Motor Vehicle Exemptions
41 CFR 109-39.302 Unlimited exemptions.
In those instances where it is determined that an unlimited exemption
from inclusion of a vehicle in a motor pool system is warranted under
the criteria set forth in FPMR 101-39.302, full particulars shall be
forwarded to the Property and Equipment Management Division (MA-422) for
consideration and possible referral to the Administrator of General
Services.
41 CFR 109-39.303 Limited exemptions.
The procedure established in 101-39.302 shall be followed in seeking
limited exemptions under the criteria set forth in FPMR 101-39.303.
41 CFR 109-39.303 Subpart 109-39.4 -- Establishment, Modification, and Discontinuance of Motor Pools
41 CFR 109-39.404-3 Problems involving service or cost.
To resolve problems involving motor pool service or cost, the
affected field or Headquarters organization shall bring the matter to
the attention of the chief of the motor pool providing the vehicles. In
the event a satisfactory solution does not result, full particulars
shall be forwarded to the Property and Equipment Management Division
(MA-422) for consideration and possible referral to the Administrator of
General Services.
41 CFR 109-39.404-4 Agency requests to withdraw participation.
Should circumstances arise at a given interagency motor pool location
which tend to justify discontinuance or curtailment of participation by
a DOE organization, as contemplated in FPMR 101-39.404-4, the
participating organization should forward complete details to the
Property and Equipment Management Division (MA-422) for consideration
and possible referral to the Administrator of General Services.
41 CFR 109-39.404-4 Subpart 101-39.6 -- Official Use of Government Motor Vehicles and Related Motor Pool Services
41 CFR 109-39.602-1 Government vehicles.
(a) Subpart 109-38.54, Official Use of Motor Vehicles and Aircraft,
prescribes DOE policies and procedures governing the official use of
Government motor vehicles.
41 CFR 109-39.602-1 PART 109-40 -- TRANSPORTATION AND TRAFFIC MANAGEMENT
Sec.
109-40.000 Scope of part.
109-40.000-50 Applicability to contractors.
41 CFR 109-39.602-1 Subpart 109-40.1 -- General Provisions
109-40.102 Representation before regulatory bodies.
109-40.103 Selection of carriers.
109-40.103-1 Domestic transportation.
109-40.103-2 Disqualification and suspension of carriers.
109-40.103-3 International transportation.
109-40.104 Use of Government owned transportation equipment.
109-40.109 Utilization of special contracts and agreements.
109-40.110 Assistance to economically disadvantaged transportation
businesses.
109-40.110-1 Small business assistance.
109-40.110-2 Minority business enterprises.
109-40.112 Transportation factors in the location of Government
facilities.
109-40.113 Insurance against transportation hazards.
41 CFR 109-39.602-1 Subpart 109-40.3 -- Traffic Management
109-40.301 Traffic management functions administration.
109-40.302 Standard routing principle.
109-40.303-3 Most fuel efficient carrier/mode.
109-40.304 Rate tenders to the Government.
109-40.305-50 Negotiations involving national security.
109-40.306-1 Recommended rate tender format.
109-40.306-2 Required shipping documents and annotations.
109-40.306-3 Distribution.
41 CFR 109-39.602-1 Subpart 109-40.50 -- Bills of Lading
109-40.5000 Scope of subpart.
109-40.5001 Policy.
109-40.5002 Applicability.
109-40.5003 Commercial bills of lading.
109-40.5004 Government bills of lading.
109-40.5005 Description of property for shipment.
41 CFR 109-39.602-1 Subpart 109-40.51 -- Price-Anderson Coverage
Certifications for Nuclear Shipments
109-40.5100 Scope of subpart.
109-40.5101 Policy.
Authority: Sec. 161, as amended, 68 Stat. 948; 42 U.S.C. 2201;
sec. 205, as amended, 63 Stat. 390; 40 U.S.C. 486; sec. 644, 91 Stat.
585, 42 U.S.C. 7254.
Source: 45 FR 80287, Dec. 4, 1980, unless otherwise noted.
41 CFR 109-40.000 Scope of part.
This part describes DOE regulations governing transportation and
traffic management activities. It also covers arrangements for
transportation and related services by bill of lading. These
regulations are designed to ensure that all transportation and traffic
management activities will be carried out in the manner most
advantageous to the Government in terms of economy, efficiency, service,
environment, safety, and security.
41 CFR 109-40.000-50 Applicability to contractors.
DOE-PMR 109-40. Transportation and Traffic Management, should be
applied to cost-type contractors' transportation and traffic management
activities. Departure by cost-type contractors from the provisions of
these regulations may be authorized by the contracting officer provided
the practices and procedures followed are consistent with the basic
policy objectives in these regulations and DOE Order 1540.1 and except
to the extent such departure is prohibited by statute or executive
order.
(45 FR 80287, Dec. 4, 1980, as amended at 47 FR 46850, Oct. 21, 1982)
41 CFR 109-40.000-50 Subpart 109-40.1 -- General Provisions
41 CFR 109-40.102 Representation before regulatory bodies.
Participation in proceedings related to carrier applications to
regulatory bodies for temporary or permanent authority to operate in
specified geographical locations shall be confined to statements or
testimony in support of a need for service and shall not extend to
support of individual carriers or groups of carriers.
41 CFR 109-40.103 Selection of carriers.
41 CFR 109-40.103-1 Domestic transportation.
(a) Preferential treatment, normally, shall not be accorded to any
mode of transportation (motor, rail, air, water) or to any particular
carrier when arranging for domestic transportation service. However,
where, for valid reasons, a particular mode of transportation or a
particular carrier within that mode must be used to meet specific
program requirements and/or limitations, only that mode or carrier shall
be considered. Examples of valid reasons for considering only a
particular mode or carrier are (1) where only a certain mode of
transportation or individual carrier is able to provide the needed
service or is able to meet the required delivery date; and (2) where
the consignee's installation and related facilities preclude or are not
conducive to service by all modes of transportation.
(b) The following factors are considered in determining whether a
carrier or mode of transportation can meet DOE's transportation service
requirements for each individual shipment:
(1) Availability and suitability of carrier equipment;
(2) Carrier terminal facilities at origin and destination;
(3) Pickup and delivery service, if required;
(4) Availability of required or accessorial and special services, if
needed;
(5) Estimated time in transit;
(6) Record of past performance of the carrier; and
(7) Availability and suitability of transit privileges.
41 CFR 109-40.103-2 Disqualification and suspension of carriers.
Disqualification and suspension are measures which exclude carriers
from participation, for temporary periods of time, in DOE traffic. To
ensure that the Government derives the benefits of full and free
competition of interested carriers, disqualification and suspension
shall not apply for any period of time longer than necessary to protect
the interests of the Government.
(45 FR 80287, Dec. 4, 1980, as amended at 47 FR 46850, Oct. 21, 1982)
41 CFR 109-40.103-3 International transportation.
(See 4 CFR 52.2 for a certificate required in nonuse of U.S. flag
vessels or U.S. flag certificated air carriers)
(a) U.S.-flag ocean carriers. Arrangements for international ocean
transportation services shall be made in accordance with the provisions
of section 901(b) of the Merchant Marine Act of 1936, as amended (46 U.
S.C. 1241(b) concerning the use of privately owned U.S.-flag vessels.
(b) U.S.-flag certificated air carriers. Arrangements for
international air transportation services shall be made in accordance
with the provisions of section 5(a) of the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 1517),
which requires the use of U.S.-flag certificated air carriers for
international travel of persons or property to the extent that service
by these carriers is available.
41 CFR 109-40.104 Use of Government owned transportation equipment.
The preferred method of transporting property for the Government is
through use of the facilities and services of commercial carriers.
However, Government vehicles may be used when they are available to meet
emergencies, and accomplishment of program objectives which cannot be
attained through use of commercial carriers.
41 CFR 109-40.109 Utilization of special contracts and agreements.
From time to time special transportation agreements are entered into
on a Government-wide or a DOE-wide basis and are applicable, generally
to DOE shipments. The DOE-HQ Manager, Transportation Operations and
Traffic, will distribute information on such agreements to field offices
as it becomes available.
(45 FR 80287, Dec. 4, 1980, as amended at 47 FR 46850, Oct. 21, 1982)
41 CFR 109-40.110 Assistance to economically disadvantaged transportation businesses.
41 CFR 109-40.110-1 Small business assistance.
Consistent with the policies of the Government with respect to small
businesses, DOE shall place with small business concerns a fair
proportion of the total purchases and contracts for transportation and
related services such as packing and crating, loading and unloading, and
local drayage.
41 CFR 109-40.110-2 Minority business enterprises.
Minority business enterprises shall have the maximum practicable
opportunity to participate in the performance of Government contracts.
DOE shall identify transportation-related minority enterprises and
encourage them to provide services that will support the DOE's
transportation requirements.
41 CFR 109-40.112 Transportation factors in the location of Government
facilities.
Transportation rate, charges, and commercial carrier transportation
services shall be considered and evaluated prior to the selection of new
site locations and during the planning and construction phases in the
establishment of leased or relocated Government installations or
facilities to ensure that consideration is given to the various
transportation factors that may be involved in this relocation or
deactivation.
(45 FR 80287, Dec. 4, 1980, as amended at 47 FR 46850, Oct. 21, 1982)
41 CFR 109-40.113 Insurance against transportation hazards.
The policy of the Government with respect to insurance of its
property while in the possession of commercial carriers is set forth in
41 CFR 1-19.107.
41 CFR 109-40.113 Subpart 109-40.3 -- Traffic Management
41 CFR 109-40.301 Traffic management functions administration.
The DOE traffic management functions are accomplished by established
field traffic offices under provisions of appropriate Departmental
directives and headquarters' staff traffic management supervision.
41 CFR 109-40.302 Standard routing principle.
(a) Shipments shall be routed using the mode of transportation, or
individual carriers within the mode, that can provide the required
service at the lowest overall delivered cost to the Government.
(b) When more than one mode of transportation, or more than one
carrier within a mode, can provide equally satisfactory service at the
same overall cost the traffic shall be distributed as equitably as
practicable among the modes and among the carriers within the modes.
41 CFR 109-40.303-3 Most fuel efficient carrier/mode.
When more than one mode, or more than one carrier within a mode, can
satisfy the service requirements of a specific shipment at the same
lowest aggregate delivered cost, the carrier/mode determined to be the
most fuel efficient will be selected. In determining the most fuel
efficient carrier/mode, consideration will be given to such factors as
use of the carrier's equipment in ''turn around'' service, proximity of
carrier equipment to the shipping activity, and ability of carriers to
provide the most direct service to the destination points.
41 CFR 109-40.304 Rate tenders to the Government.
Under the provisions of section 10721 (formerly section 22) of the
Interstate Commerce Act (49 U.S.C. 10721), common carriers are permitted
to submit to the Government tenders which contain rates lower than
published tariff rates available to the general public. In addition,
rate tenders may be applied to shipments other than those made by the
Government provided the total benefits accrue to the Government; that
is, provided the Government pays the charges or directly and completely
reimburses the party that initially bears the freight charges (323 ICC
347 and 332 ICC 161).
41 CFR 109-40.305-50 Negotiations involving national security.
Title 49 U.S.C., section 10721(b)(2) provides that rate tenders to
the Government must be filed by the carriers with the Interstate
Commerce Commission unless ''a carrier is advised by the U.S.
Government that disclosure of a quotation or tender of a rate
established . . . for transportation provided to the U.S. Government
would endanger the National security.'' Carriers will be informed by the
negotiating official if any quotation or tender to the Department of
Energy involves such information.
41 CFR 109-40.306-1 Recommended rate tender format.
Only those rate tenders which have been submitted by the carriers in
writing shall be considered for use. Carriers should be encouraged to
use the format ''Uniform Tender of Rates and/or Charges for
Transportation Services'' when preparing and submitting rate tenders to
the Government. Rate tenders that are ambiguous in meaning shall be
resolved in favor of the Government.
41 CFR 109-40.306-2 Required shipping documents and annotations.
(a) To qualify for transportation under section 10721 rates, property
must be shipped by or for the Government on:
(1) Government bills of lading;
(2) Commercial bills of lading endorsed to show that these bills of
lading are to be converted to Government bills of lading after delivery
to the consignee:
(3) Commercial bills of lading showing that the Government is either
the consignor or the consignee and endorsed with the following
statement:
Transportation hereunder is for the U.S. Department of Energy, and
the actual total transportation charges paid to the carrier(s) by the
consignor or consignee are assignable to, and are to be reimbursed by,
the Government.
(b) When a rate tender is used for transportation furnished under a
cost-reimbursable contract, the following endorsement shall be used on
covering commercial bills of lading:
Transportation hereunder is for the U.S. Department of Energy and the
actual total transportation charges paid to the carrier(s) by the
consignor or the consignee are to be reimbursed by the Government,
pursuant to cost-reimbursable contract number ( ). This may be
confirmed by contacting the agency representative at (name and telephone
number). (See 332 ICC 161.)
(c) To ensure proper application of a Government rate tender on all
shipments qualifying for their use, the issuing officer shall show on
the bills of lading covering such shipments the applicable rate tender
number and carrier identification: such as, ''Section 10721 tender, ABC
Transportation Company, ICC No. 374.'' In addition, if commercial bills
of lading are used, they shall be endorsed as specified above.
41 CFR 109-40.306-3 Distribution.
Each agency receiving rate tenders shall promptly submit one signed
copy to the Transportation and Public Utilities Service (WIT), General
Services Administration, Washington, DC 20407. Also, two copies
(including at least one signed copy) shall be promptly submitted to the
General Services Administration (TA). Chester A. Arthur Building,
Washington, DC 20406.
41 CFR 109-40.306-3 Subpart 109-40.50 -- Bills of Lading
41 CFR 109-40.5000 Scope of subpart.
This subpart sets forth the requirements under which commercial or
Government bills of lading may be used.
41 CFR 109-40.5001 Policy.
Generally DOE cost-type contractors will use commercial bills of
lading in making shipments for the account of the DOE. Cost-type
contractors may be authorized by the contracting officer to use
Government bills of lading if such use will be advantageous to the
Government. Such authorizations shall be coordinated with the DOE-HQ
Manager, Transportation Operations and Traffic.
(45 FR 80287, Dec. 4, 1980, as amended at 47 FR 46850, Oct. 21, 1982)
41 CFR 109-40.5002 Applicability.
The policy and procedures set forth in this subpart shall be applied
when DOE's cost-type contractors use commercial bills of lading.
41 CFR 109-40.5003 Commercial bills of lading.
(a) DOE's cost-type contractors using commercial bills of lading in
making shipments for the account of the DOE shall include the following
statement or one substantially the same on all commercial bills of
lading:
This shipment is for the account of the U.S. Government which will
assume the freight charges and is subject to the terms and conditions
set forth in the standard form of the U.S. Government bills of lading
and to any available special rates or charges.
(b) The foregoing language may be varied without materially changing
its substance to satisfy the needs of particular cost-type contractors
for the purpose of obtaining the benefit of the lowest available rates
for account of the Government.
(c) Where practicable, commercial bills of lading shall provide for
consignment of a shipment to the DOE c/o the cost-type contractor or by
the contractor ''for the DOE.''
(d) Commercial bills of lading exceeding $10,000 issued by cost-type
contractors shall be annotated with a typewritten, rubber stamp, or
similar impression containing the following wording:
Equal Employment Opportunity. All provisions of Executive Order
11246 as amended by Executive Order 11375 and of the rules, regulations,
and relevant orders of the Secretary of Labor are incorporated herein.
41 CFR 109-40.5004 Government bills of lading.
(a) In those instances where DOE cost-type contractors are authorized
to use Government bills of lading, specific employees of cost-type
contractors will be authorized by the contracting officer to issue such
Government bills of lading (see Title V, U.S. Government Accounting
Office Policy and Procedures Manual for Guidance of Federal Agencies).
41 CFR 109-40.5005 Description of property for shipment.
(a) Each shipment shall be described on the bill of lading or other
shipping document as specified by the governing freight classification,
carrier's tariff, or rate tender. Shipments shall be described as
specifically as possible. Trade names such as ''Foamite'' or
''Formica'' or general terms such as ''vehicles,'' ''furniture,'' or
''Government supplies,'' shall not be used as bill of lading
descriptions.
(b) A shipment containing hazardous materials, such as explosives,
radioactives, flammable liquids, flammable solids, oxidizers, or poison
A or poison B, shall be prepared for shipment and described on bills of
lading or other shipping documents in accordance with the Department of
Transportation Hazardous Materials Regulations, 49 CFR, parts 100-189.
41 CFR 109-40.5005 Subpart 109-40.51 -- Price-Anderson Coverge Certifications for Nuclear Shipments
41 CFR 109-40.5100 Scope of subpart.
This subpart sets forth the policy for issuance of certifications
regarding Price-Anderson coverage of particular shipments of nuclear
materials.
41 CFR 109-40.5101 Policy.
Upon request of a carrier, an appropriate certification will be
issued by an authorized representative of the DOE to the carrier
regarding the applicability of Price-Anderson indemnity to a particular
shipment. Copies of such certifications if performed by a Field Manager
or a DOE cost-type contractor shall be provided to the DOE-HQ Manager,
Transportation Operations and Traffic.
(45 FR 80287, Dec. 4, 1980, as amended at 47 FR 46850, Oct. 21, 1982)
41 CFR 109-40.5101 SUBCHAPTER H -- UTILIZATION AND DISPOSAL
41 CFR 109-40.5101 PART 109-42 -- PROPERTY REHABILITATION SERVICES AND
FACILITIES
Sec.
109-42.000 Scope of part.
109-42.000-50 Applicability.
41 CFR 109-40.5101 Subpart 109-42.3 -- Recovery of Precious Metals and
Strategic and Critical Materials
109-42.301 General.
109-42.301-1 Guidelines for conducting agency surveys and reporting
to GSA.
109-42.302 Recovery of silver from used hypo solution and scrap film.
109-42.350 Excess precious metals.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25590, June 21, 1984, unless otherwise noted.
41 CFR 109-42.000 Scope of part.
This part implements and supplements FPMR Part 101-42, Property
Rehabilitation Services and Facilities.
41 CFR 109-42.000-50 Applicability.
The provisions of FPMR 101-42 and this part apply to contractors
which generate used hypo solution, scrap film, other precious metals
scrap and other recoverable scrap materials.
41 CFR 109-42.000-50 Subpart 109-42.3 -- Recovery of Precious Metals and Strategic and Critical Materials
41 CFR 109-42.301 General.
The Director of Administration and heads of field offices for their
respective organizations are responsible for establishing a program for
the recovery of precious metals and strategic and critical materials in
accordance with FPMR 101-42.3 and this subpart.
41 CFR 109-42.301-1 Guidelines for conducting agency surveys and
reporting to GSA.
Each DOE organization and contractor generating silver or other
precious metals shall prepare the report on precious metals recovery in
accordance with FPMR 101-42.301-1, except that the reports shall be
prepared on an annual basis for the fiscal year. Negative reports are
required. Contractors shall submit reports to the DOE contracting
office for review and approval. DOE organizations shall submit reports,
including contractor reports, to the Property and Equipment Management
Division (MA-422) not later than 30 days after the end of the fiscal
year.
41 CFR 109-42.302 Recovery of silver from used hypo solution and scrap
film.
The Director of Administration and heads of field offices for their
respective organizations are responsible for the establishment and
maintenance of a program for silver recovery from used hypo solution and
scrap film in accordance with FPMR 101-42.302.
41 CFR 109-42.350 Excess precious metals.
See 109-43.313-54 for procedures for reporting excess precious metals
to the DOE precious metals pool for recovery and subsequent
redistribution within DOE.
41 CFR 109-42.350 PART 109-43 -- UTILIZATION OF PERSONAL PROPERTY
Sec.
109-43.000 Scope of part.
109-43.000-50 Applicability.
109-43.001-14 Personal property.
41 CFR 109-42.350 Subpart 109-43.1 -- General Provisions
109-43.101 Surveys.
109-43.102 Reassignment of property within executive agencies.
109-43.103 Agency utilization officials.
41 CFR 109-42.350 Subpart 109-43.3 -- Utilization of Excess
109-43.301-50 Policy.
109-43.302-50 Utilization and disposal by contractors.
109-43.303-1 Acquisition of mercury.
109-43.306 Property not required to be reported.
109-43.311-1-50 DOE utilization screening.
109-43.311-1-51 Procedures for effecting transfers within DOE.
109-43.311-5 Property at installations due to be discontinued.
109-43.312 Exceptions to reporting.
109-43.313-2 Printing, binding, and blankbook equipment and supplies.
109-43.313-50 Radioactively and chemically contaminated property.
109-43.313-51 Automatic data processing equipment.
109-43.313-52 Classified property.
109-43.313-53 Naval gun mounts.
109-43.313-54 Precious metals.
109-43.313-55 Shielding material.
109-43.313-56 Property in which the Government has an interest.
109-43.313-57 Lead.
109-43.315-5 Procedure for effecting transfers.
109-43.317-1 Cost of care and handling.
109-43.317-2 Proceeds.
109-43.319 Use of excess property on cost-reimbursement type
contracts.
109-43.321 Certification of non-Federal agency screeners
41 CFR 109-42.350 Subpart 109-43.5 -- Utilization of Foreign Excess
Personal Property.
109-43.503 Holding agency responsibilities.
109-43.504-50 Disposition of property not selected for return to the
United States.
41 CFR 109-42.350 Subpart 109-43.47 -- Reports
109-43.4701 Performance reports.
41 CFR 109-42.350 Subpart 109-43.51 -- Utilization of Personal Property
Held for Facilities in Standby
109-43.5100 Scope of subpart.
109-43.5101 Definition.
109-43.5102 Policy.
109-43.5103 Reviews to determine need for retaining items.
109-43.5104 Utilization of property in facilities in standby status.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25590, June 21, 1984, unless otherwise noted.
41 CFR 109-43.000 Scope of part.
This part implements and supplements FPMR Part 101-43, Utilization of
Personal Property.
41 CFR 109-43.000-50 Applicability.
The provisions of FPMR Part 101-43 and this part are applicable to
contractors unless otherwise provided herein.
41 CFR 109-43.001-14 Personal property.
For the purposes of this part personal property means property of any
kind or type except real and related personal property; records;
special source materials, which includes source materials and special
nuclear material, and those other materials to which the provisions of
DOE Order 5630.2 ''Control and Accountability of Nuclear Materials,
Basic Principles'' apply, such as deuterium, enriched lithium, neptunium
237 and tritium, and atomic weapons and byproduct materials as defined
in Section 11 of the Atomic Energy Act of 1954, as amended; enriched
uranium in stockpile storage; and petroleum in the Strategic Petroleum
Reserve and the Naval Petroleum Reserves.
41 CFR 109-43.001-14 Subpart 109-43.1 -- General Provisions
41 CFR 109-43.101 Surveys.
The Director of Administration and heads of field offices are
responsible for continuously surveying property under their control to
assure efficient use and shall promptly identify and report excess
property available for use elsewhere. See 109-25.109-1 for DOE policy
on the conduct of management walk-through inspection tours to identify
idle and unneeded equipment.
41 CFR 109-43.102 Reassignment of property within executive agencies.
See Chapter XI of the DOE Accounting Practices and Procedures
Handbook for preparation of the feeder reports upon which the
consolidated DOE report of internal property reassignments is based.
41 CFR 109-43.103 Agency utilization officials.
The Director, Property and Equipment Management Division,
Headquarters, is designated as the DOE National Utilization Officer.
41 CFR 109-43.103 Subpart 109-43.3 -- Utilization of Excess
41 CFR 109-43.301-50 Policy.
It is the policy of DOE to consider excess property as the first
source of supply. In no case, however, will excess property be acquired
unless a present or foreseeable program need exists for the property.
In carrying out this policy, the objective of which is to obtain maximum
effective and economical utilization of property already owned by the
Federal Government, consideration should be given to such factors as --
(a) Nature and cost of any repairs required to restore excess
equipment to a safe, dependable, and economical operating condition;
(b) Duration of the job on which the equipment will be used;
(c) Economic feasibility of ownership vs. loan or rental of the
equipment. Frequency of use, particularly where the equipment will be
needed only infrequently, is one of the factors which must be considered
in determining the most economical method of acquisition; and
(d) Handling and transportation costs involved in acquisition of
excess property.
41 CFR 109-43.302-50 Utilization and disposal by contractors.
Heads of field offices may authorize contractors to perform the
functions pertaining to utilization and disposal of excess property,
provided such activities are in accordance with written policies and
procedures which they have approved as being consistent with this part
and those contained in FPMR Part 101-45 and Part 109-45.
41 CFR 109-43.303-1 Acquisition of mercury.
Requests for 76 pound flasks of mercury, for use by DOE or its
contractors, shall be forwarded to the Director, Supply Division, Oak
Ridge Operations Office, Oak Ridge, Tennessee.
41 CFR 109-43.306 Property not required to be reported.
To the extent practicable and economical, notification of
availability of nonreportable excess property (See FPMR 101-43.312)
shall be made on an informal basis to other DOE installations in the
area known to use such property. If no requirement is established
within a reasonable time, usually not more than 30 days after the
availability of the property is announced, the property will be
considered excess to the needs of the DOE and made available to GSA as
provided for in FPMR Part 101-43.306.
41 CFR 109-43.311-1-50 DOE utilization screening.
(a) Prior to reporting excess personal property to GSA as required by
FPMR 101-43.311-1, reportable property, as identified in FPMR
101-43.4801, shall be reported to the Property and Equipment Management
Division (MA-422) through the DOE Reportable Excess Automated Property
System (REAPS) for completion of the 30-day DOE screening period.
Information regarding REAPS reporting and screening procedures are
provided in instructions and directives issued by MA-422.
(b) In exceptional cases where time does not permit formal DOE
utilization screening through REAPS, notification of the availability of
excess property may be made by telegram, teletype or telephone, with due
consideration to the additional costs involved.
(c) Concurrent utilization screening within DOE and to other Federal
agencies generally shall not be permitted.
(d) If, after DOE circularization, reportable property is desired by
another Federal agency, it may be transferred as provided in FPMR
101-43.315-5(a).
41 CFR 109-43.311-1-51 Procedures for effecting transfers within DOE.
In accordance with instructions provided for the operation of the
REAPS program, transfers between DOE organizations and contractors shall
be effected by completion of an SF-122, Transfer Order Excess Personal
Property. Except for those contractors authorized by the DOE
contracting office to execute transfer orders, transfers to DOE
contractors must be approved by the cognizant DOE contracting officer
for the contractors receiving the property.
41 CFR 109-43.311-5 Property at installations due to be discontinued.
(a) In closing out installations or any activities where it is
important that upon completion of the work the personnel be released and
activities ended as quickly as possible in order to avoid large
expenditures, arrangements may be made for expediting the utilization
and disposal of excess inventories and other excess property.
(b) Personal and real property staffs of DOE field organizations
shall work with appropriate GSA regional offices to develop a
utilization and disposal program which takes into consideration all the
factors involved, is expedited to the maximum degree, and is mutually
satisfactory and in the best overall interest of the Government. When
closeout involves an activity which is not located geographically in a
DOE installation, information concerning the situation shall be given to
the appropriate regional administrator of GSA, as early as possible, by
letter (copy to the Property and Equipment Management Division
(MA-422)). The information should include the types of property
available and indicate that the activity is to be discontinued, the
scheduled date for the removal of personnel from the location, and the
last dates when the property will be needed. The following guidelines
are furnished for possible use, although variations may be used as long
as agreement is reached with GSA and there is no conflict with DOE
requirements except as noted in paragraph (b)(1) of this section:
(1) If a proposed expedited program provides for deviation from the
DOE policy or procedural requirements, approval of the Director of
Procurement and Assistance Management shall be obtained.
(2) Approval of the proposed program by the appropriate GSA regional
office, when deviation from existing GSA regulations is involved, will
be sufficient to validate the program. A copy of the approved program
should be forwarded for information to the Property and Equipment
Management Division (MA-422).
(3) In developing an expedited disposal program, property shall be
determined to be excess to DOE before it is reported to GSA. Concurrent
circularization of lists of DOE excess property within DOE and to other
Federal agencies generally is not permitted.
(4) Summary catalog listings of certain categories of excess
property, such as property in classes 48, 51, 55, 56, etc., showing
estimated release dates, might be furnished GSA with good utilization
results. Excess property in such classes as 23, 24, 32, 34 and 38 shall
normally be listed by individual item with sufficient description for
ready identification.
(5) In order to obtain maximum utilization of the property by other
Federal agencies, the disposal program shall provide that the field
organization will furnish assistance to GSA, upon request, to arrange
for invitational inspections by Federal agency representatives.
(6) Upon request, DOE can provide assistance to GSA in its
circularization of reportable items to other Federal agencies or in
locating potential users within the government.
(7) Care should be exercised to be sure that orders from other
Federal agencies for excess property are processed through GSA, as may
be required by the GSA regional office concerned.
(8) Although it may be possible to arrange for expediting donations
for educational, public health, or civil defense purposes, adequate time
must be allowed for the screening of all donable property.
(9) Provisions should be made for accelerated release by GSA of
excess property for disposal as surplus, particularly where there is
little or no potential use by other Federal Agencies.
(10) Methods should be developed whereby last minute requests for
surplus property, cataloged for an auction sale or listed in a sealed
bid invitation and inspected by prospective bidders, can be kept to a
minimum.
41 CFR 109-43.312 Exceptions to reporting.
In addition to the categories of nonreportable property identified in
FPMR 101-43.312 (a) through (g), the following property, when determined
excess to a DOE installation, is not reportable and shall not be
formally circularized within DOE or reported to GSA --
(h) Asphalt products in less than carload (LCL) quantities (roofing
tile, paving materials);
(i) Cement and fabricated cement products in LCL quantities (concrete
block, pumic block, cinder block, pipe and fittings);
(j) Fabricated clay products in LCL quantities (brick, tile, pipe and
fittings);
(k) Fuels in LCL quantities (gasoline, diesel fuels, coal, coke and
kerosene);
(l) Special purpose or site fabricated shelving, cabinets, shop
tables, etc., of limited adaptability or with high cost of disassembly
or transportation;
(m) Uncrated window glass; and
(n) Equipment, parts, accessories, jigs and components, which are of
special design, composition, or manufacture and which are intended for
use only by specific DOE installations, such as spare parts for
equipment used in atomic processes.
41 CFR 109-43.313-2 Printing, binding, and blankbook equipment and
supplies.
DOE organizations shall report excess printing, binding and blankbook
equipment to the Office of Administrative Services, Headquarters, for
processing in accordance with the Joint Committee on Printing
Regulations.
41 CFR 109-43.313-50 Radioactively and chemically contaminated property.
Radioactively and chemically contaminated property should be handled
in accordance with 109-45.50.
41 CFR 109-43.313-51 Automatic data processing equipment.
Automatic data processing equipment should be handled in accordance
with FPMR 101-36.3 and 109-36.3.
41 CFR 109-43.313-52 Classified property.
Classified personal property which is excess to DOE needs shall be
stripped of all characteristics which cause it to be classified, or
otherwise rendered unclassified prior to disposal, in accordance with
instructions of the head of the field organization concerned.
Declassification shall be accomplished in a manner which will preserve,
so far as practicable, any civilian utility or commercial value of the
property.
41 CFR 109-43.313-53 Naval gun mounts.
When a naval gun mount obtained from the Naval Sea Systems Command,
Department of the Navy, becomes excess, it may be listed, circularized,
and transferred within DOE in the same manner as other excess property.
However, when a naval gun mount is determined to be excess to DOE, it
shall be reported to the Department of the Navy, Naval Sea Systems
Command, Washington, D.C. 20360, and shall be disposed of in accordance
with instructions of that Department.
41 CFR 109-43.313-54 Precious metals.
All precious metals which become excess to current or foreseeable
requirements shall be reported to the Oak Ridge Operations Office. With
the exception of silver, this includes precious metals in any form,
including shapes, scrap or radioactively contaminated. Only high grade
nonradioactively contaminated silver should be reported, i.e.,
silver-bearing photo solutions, scrap film, or other low grade silver
scrap should not be reported. (See 109-27.53)
41 CFR 109-43.313-55 Shielding material.
All excess movable shielding material of any type will be
circularized within DOE using normal excessing procedures. However,
prior to disposal outside DOE, the Property and Equipment Management
Division (MA-422) shall be advised concerning the types and quantities
which remain available.
41 CFR 109-43.313-56 Property in which the Government has an interest.
Personal property in which the Government has an interest means: (a)
Government-owned property which is available for exchange or sale, and
(b) property leased with an option to purchase. Such property shall be
circularized within DOE in accordance with 109-43.311-1-50 for possible
utilization whenever it is practicable to do so, considering the
contract terms, cost in relation to remaining useful life, location of
item, purchase option time remaining, etc.
41 CFR 109-43.313-57 Lead.
Excess lead and lead bearing scrap, such as batteries, with the
exception of radioactively contaminated lead, should be reported to the
Idaho Operations Office for reclaiming and subsequent redistribution
within DOE from the DOE lead bank. Only quantities of 40,000 pounds or
more should be reported. The Idaho Operations Office will furnish
shipping instructions upon request.
41 CFR 109-43.315-5 Procedure for effecting transfers.
In accordance with a DOE agreement with GSA, execution of transfer
orders by a DOE official is not required in those cases where heads of
field offices have authorized contractors to perform this function, and
GSA has been notified of such authorization. GSA regional offices will
furnish the cognizant DOE field organization a copy of each transfer
ordered received from contractors. This copy of the transfer order will
be reviewed by the cognizant DOE field organization to determine if the
contractor has been authorized to submit orders for excess property. If
the contractor submitting the transfer order to the GSA regional office
has not been authorized in writing to submit such orders, GSA will not
honor such requests unless they are subsequently executed by an
appropriate DOE official.
41 CFR 109-43.317-1 Cost of care and handling.
DOE field organizations and contractors shall comply with the
provisions of Chapter III of the DOE Accounting Practices and Procedures
Handbook as they relate to billings for direct costs incurred in the
transfer of excess property.
41 CFR 109-43.317-2 Proceeds.
For DOE procedures on the handling of proceeds from transfer of
excess property to another Government agency with reimbursement, see
Chapter III of the DOE Accounting Practices and Procedures Handbook.
41 CFR 109-43.319 Use of excess property on cost-reimbursement type
contracts.
(b) It is DOE policy for contractors to use Government excess
personal property to the maximum extent possible to reduce contract
costs. However, the determination required in FPMR 101-43.319(b) does
not apply to such contracts and the acquisitions of Government excess
personal property by these contractors are not subject to the annual
reporting requirements of FPMR 101-43.4701(c). The procedures prescribed
in 109-43.315-5 for execution of transfer orders apply.
41 CFR 109-43.321 Certification of non-Federal agency screeners.
Contracting officers shall maintain a record of the number of
certified non-Federal agency screeners operating under their authority
and shall immediately notify the appropriate GSA regional office of any
changes in screening arrangements.
41 CFR 109-43.321 Subpart 109-43.5 -- Utilization of Foreign Excess Personal Property
41 CFR 109-43.503 Holding agency responsibilities.
(a) Property which remains excess after utilization screening within
the general foreign geographical area where the property is located
should be reported by the accountable field office or Headquarters
program organization to the Property and Equipment Management Division
(MA-422) for consideration for return to the U.S. for further
utilization within DOE, by other Government agencies, or for donation,
based on such factors as cost, residual value, usefulness in ongoing or
future programs, condition, and cost of transportation.
41 CFR 109-43.504-50 Disposition of property not selected for return to
the United States.
Property not selected for return to the United States for utilization
within DOE or the Government or for donation in accordance with FPMR
101-44.7 shall be disposed of in accordance with 109-45.5105.
41 CFR 109-43.504-50 Subpart 109-43.47 -- Reports
41 CFR 109-43.4701 Performance reports.
(a) The DOE report of the utilization of domestic excess personal
property as required in FPMR 101-43.4701(a) is submitted to GSA by the
Property and Equipment Management Division (MA-422). DOE field
organizations and contractors reporting under the DOE financial
reporting system should furnish this information to the Office of
Controller in accordance with Chapter III of the DOE Accounting
Practices and Procedures Handbook. Those activities which do not report
under the DOE financial reporting system shall submit an SF 121 directly
to MA-422 by November 15.
(c) The report required in FPMR 101-43.4701(c) shall be submitted to
the Property and Equipment Management Division (MA-422) within 45 days
after the close of each fiscal year, in the format illustrated below.
This reporting requirement does not apply to excess property acquired by
management and operating contractors.
41 CFR 109-43.4701 Subpart 109-43.51 -- Utilization of Personal Property Held for Facilities in Standby
41 CFR 109-43.5100 Scope of subpart.
This subpart supplements FPMR Part 101-43 by providing policies and
procedures for the economic and efficient utilization of personal
property associated with facilities placed in standby status.
41 CFR 109-43.5101 Definition.
Facility in standby is a significant segment of plant and equipment,
such as a complete plant or section of a plant, which is neither ''in
service'' or declared ''excess''.
41 CFR 109-43.5102 Policy.
Procedures and practices shall assure economical and efficient
utilization of property associated with facilities placed in standby
status as provided for in this subpart.
41 CFR 109-43.5103 Reviews to determine need for retaining items.
Procedures and practices shall require an initial review at the time
the plant is placed in standby to determine which items can be made
available for use elsewhere within the established startup criteria,
periodic reviews (no less than biennially) to determine need for
continued retention of property, and special reviews when a change in
startup time is made or when circumstances warrant. Such procedures
should recognize that: (a) Generally, equipment, spares, stores items,
and materials peculiar to a plant should be retained for possible future
operation of the plant, (b) where practicable, common-use stores should
be removed and used elsewhere, and (c) uninstalled equipment and other
personal property not required should be utilized elsewhere onsite or be
disposed of as excess.
41 CFR 109-43.5104 Utilization of property in facilities in standby
status.
(a) Procedures and practices shall require that property comprising
the plant in standby, to the extent consistent with program requirements
reflected by the startup criteria, be considered as a source of supply
prior to procurement. Such procedures should provide for: (1)
Furnishing potential users and procurement officers or some other
responsible screening office with listings of equipment and other
significant property holdings available for loan or transfer, and (2)
removal and use elsewhere of installed equipment which can be replaced
or returned within the established startup criteria.
(b) In addition to the above procedures, DOE organizations and
contractors should encourage informal contacts between their technical
staffs and those engaged in similar work at other DOE locations for the
purpose of ascertaining the availability of Government property to meet
their program requirements.
41 CFR 109-43.5104 PART 109-44 -- DONATION OF PERSONAL PROPERTY
Sec.
109-44.000 Scope of part.
41 CFR 109-43.5104 Subpart 109-44.7 -- Donations of Property to Public
Bodies
109-44.701 Findings justifying donation to public bodies.
41 CFR 109-43.5104 Subpart 109-44.47 -- Reports
109-44.4701 Reports.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25593, June 21, 1984, unless otherwise noted.
41 CFR 109-44.000 Scope of part.
This part implements and supplements FPMR Part 101-44, Donation of
Personal Property. For donation of surplus personal property in foreign
areas, see 109-45.51.
41 CFR 109-44.000 Subpart 109-44.7 -- Donations of Property to Public Bodies
41 CFR 109-44.701 Findings justifying donation to public bodies.
The Director of Administration and heads of field offices for their
respective organizations shall appoint officials to make findings and
reviews as required in FPMR 101-44.7.
41 CFR 109-44.701 Subpart 109-44.47 -- Reports
41 CFR 109-44.4701 Reports.
The report of the donation of surplus personal property is furnished
to GSA in combination with the report of the utilization of domestic
excess personal property required in FPMR 101-43.4701. See 109-43.4701
for DOE reporting requirements.
41 CFR 109-44.4701 PART 109-45 -- SALE, ABANDONMENT, OR DESTRUCTION OF
PERSONAL PROPERTY
Sec.
109-45.000 Scope of part.
41 CFR 109-44.4701 Subpart 109-45.1 -- General
109-45.101-50 Applicability.
109-45.103-1 Responsibilities of the General Services Administration.
109-45.103-2 Responsibilities of holding agencies.
109-45.105-3 Exemptions.
41 CFR 109-44.4701 Subpart 109-45.3 -- Sale of Personal Property
109-45.301-50 Sales by DOE contractors.
109-45.302-50 Sales to DOE and contractor employees.
109-45.303-50 Contractor reporting of property for sale.
109-45.304-2-50 Negotiated sales and negotiated sales at fixed
prices.
109-45.304-6 Reviewing authority.
109-45.304-50 Processing bids and award of contract.
109-45.304-51 Documentation.
109-45.307 Proceeds from sales.
109-45.309-50 Unserviceable property (salvage and scrap).
109-45.310 Antitrust laws.
109-45.316 Report on identical bids.
41 CFR 109-44.4701 Subpart 109-45.5 -- Abandonment or Destruction of
Surplus Property
109-45.501-1 General.
109-45.502-1 Reviewing authority.
41 CFR 109-44.4701 Subpart 109-45.47 -- Reports
109-45.4701 Performance reports.
41 CFR 109-44.4701 Subpart 109-45.50 -- Excess and Surplus Radioactively
and Chemically Contaminated Personal Property
109-45.5001 Scope of subpart.
109-45.5002 Policy.
109-45.5003 Responsibilities.
109-45.5003-1 Development of criteria for utilization and disposal
outside DOE.
109-45.5003-2 Approval of requests for utilization and disposal
outside DOE.
109-45.5004 Procedures.
109-45.5004-1 Suspect personal property.
109-45.5004-2 Handled as uncontaminated equipment.
41 CFR 109-44.4701 Subpart 109-45.51 -- Disposal of Excess Personal
Property in Foreign Areas
109-45.5100 Scope of subpart.
109-45.5101 Authority.
109-45.5102 General.
109-45.5103 Definitions.
109-45.5104 Responsibilities.
109-45.5104-1 Director of Procurement and Assistance Management.
109-45.5104-2 Heads of offices in foreign areas.
109-45.5105 Disposal.
109-45.5105-1 General.
109-45.5105-2 Methods of disposal.
109-45.5106 Reports.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25594, June 21, 1984, unless otherwise noted.
41 CFR 109-45.000 Scope of part.
This part implements and supplements FPMR 101-45, Sale, Abandonment,
or Destruction of Personal Property, but does not apply to (a)
properties which are sold or otherwise disposed of pursuant to special
statutes, or (b) disposal of personal property in foreign areas (see
101-45.51).
41 CFR 109-45.000 Subpart 109-45.1 -- General
41 CFR 109-45.101-50 Applicability.
The provisions of FPMR 101-45 and this part are applicable to
contractors authorized to dispose of surplus personal property.
41 CFR 109-45.103-1 Responsibilities of the General Services
Administration.
GSA regional offices are responsible for the conduct of sales of
surplus and replacement property in the custody of DOE direct
operations, except that DOE will continue to sell replacement property
where trade-in offers are also involved in the transaction.
41 CFR 109-45.103-2 Responsibilities of holding agencies.
See 109-45.105-3 and 109-45.3 for policy and procedures governing the
sale of personal property by DOE contractors.
41 CFR 109-45.105-3 Exemptions.
The General Services Administration, by letter dated May 28, 1965,
authorized DOE contractors to sell contractor inventory, including
replacement property. This exemption is for sales of contractor
inventory only. All surplus property in the custody of DOE direct
operations (except replacement property where trade-in offers are
involved) will be reported to GSA in accordance with FPMR 101-45.303.
41 CFR 109-45.105-3 Subpart 109-45.3 -- Sale of Personal Property
41 CFR 109-45.301-50 Sales by DOE contractors.
Sales of surplus contractor inventory will be made by DOE contractors
when heads of field offices determine that it is in the best interests
of the Government to do so.
41 CFR 109-45.302-50 Sales to DOE and contractor employees.
(a) Employees of DOE and DOE contractors shall be afforded the same
opportunity to acquire Government-owned property as is afforded the
general public, provided the employees warrant in writing prior to award
that they have not either directly or indirectly --
(1) Participated in the determination to dispose of the property;
(2) Participated in the preparation of the property for sale;
(3) Participated in determining the method of sale; or
(4) Obtained information not otherwise available to the general
public regarding usage, condition, quality, or value of the property.
(b) Special clothing and other articles of personal property acquired
for the exclusive use of and fitted to an individual employee, when not
otherwise usable by, and in all respects excess to the needs of, the
holding organization, may be sold to DOE or contractor employees at the
best price obtainable in the event of termination of their employment or
their permanent assignment to duties not requiring such clothing or
property.
41 CFR 109-45.303-50 Contractor reporting of property for sale.
GSA normally initiates sales action from the items remaining as
surplus after utilization and donation screening. In order to assure no
misunderstanding at GSA regional offices as to who is to perform the
sales function for contractor inventory, each Standard Form 120 report
forwarded to GSA shall bear a capitalized notation in a prominent place
reading either ''TO BE SOLD BY GSA'' or ''NOT TO BE SOLD BY GSA'' as
appropriate.
41 CFR 109-45.304-2-50 Negotiated sales and negotiated sales at fixed
prices.
(a) Negotiated sales, including purchases or retentions at less than
cost by the contractor, may be made when the contracting officer
determines and documents that the use of this method of sale is
essential to expeditious contract closeout, or is otherwise justified on
the basis of circumstances enumerated below, provided that the
Government's interests are adequately protected. Negotiated sales,
including purchases or retentions at less than cost by the contractor,
shall be at prices which are fair and reasonable and not less than the
proceeds which could reasonably be expected to be obtained if the
property was offered for competitive sale. Specific conditions
justifying negotiated sales are when --
(1) No acceptable bids have been received as a result of competitive
bidding under a suitably advertised sale;
(2) Property is of such small value that the proceeds to be derived
would not warrant the expense of a formal competitive sale;
(3) The disposal will be to States, territories, possessions,
political subdivisions thereof, or tax-supported agencies therein, and
the estimated fair market value of the property and other satisfactory
terms of disposal are obtained;
(4) The specialized nature and limited use potential of the property
would create negligible bidder interest;
(5) Removal of the property would result in a significant reduction
in value, or the accrual of disproportionate expense in handling; or
(6) It can be clearly established that such action is in the best
interests of the Government.
(b) Negotiated sales at fixed prices. When determined to be in the
best interests of the Government, heads of field offices may authorize
fixed-price sale of contractor inventory by DOE contractors provided (1)
the reasonable recovery value of the property to be sold to any one
purchaser at any one time does not exceed $1000, (2) adequate procedures
for publicizing such sales have been established, (3) the sales prices
are not less than could reasonably be expected if competitive bid sales
were employed and the prices have been approved by a reviewing authority
designated by the heads of field offices, and (4) the warranty
prescribed in 109-45.302-50(a) is obtained when sales are made to
employees.
41 CFR 109-45.304-6 Reviewing authority.
The reviewing authority required under FPMR 101-45.304-6 may consist
of one or more persons designated by the head of the field office who
will be responsible for providing an adequate and independent review of
proposed sales for the purpose of determining whether --
(a) The method of sale is in accordance with established policies and
procedures; and
(b) Proceeds constitute a reasonable return for the property sold.
41 CFR 109-45.304-50 Processing bids and award of contract.
The procedures established in Federal Acquisition Regulation 14.4 and
DEAR 914.4 shall be made applicable to execution, receipt, safeguarding,
opening, abstracting, and evaluation of bids and awarding contracts,
except that in evaluating bids and awarding contracts, disposal under
conditions most advantageous to the Government based on high bids
received shall be the determining factor. For mistakes in bids, see
FPMR 101-45.8.
41 CFR 109-45.304-51 Documentation.
Files pertaining to sales shall contain copies of all documents
necessary to provide a complete record of the transaction and as a
minimum shall include the following:
(a) A copy of request for proposals if written proposals are
employed.
(b) A list of prospective bidders contacted.
(c) An abstract of proposals received, whether oral or written.
(d) Copies of written proposals or confirming proposals received,
including Standard Forms 119 (see FPMR 101-45.313-9) which have been
received from prospective bidders, together with other relevant
information.
(e) A notation concerning basis for determination that proceeds
constitute a reasonable return for property sold.
(f) Full and adequate justification for not advertising for
competitive bids when the fair market value of property sold in this
manner in any one case exceeds $1,000.
(g) A notation concerning any award made to other than the high
bidder.
(h) The approval of reviewing authority when required.
(i) A copy of notice of award.
(j) All related correspondence.
(k) In the case of auction or spot bid sales, the following
additional information should be included:
(1) A list of items or lots sold indicating book cost and sales price
for each item or lot sold.
(2) A copy of advertising literature distributed to prospective
bidders.
(3) A summary listing of advertising by means of newspapers, radio,
television, public posting, etc.
(4) The names of prospective bidders who attended sale if list was
made.
(5) A copy of any pertinent contract for auctioneering services and
related documents or appropriate reference to files containing such
documents.
(6) A record of deposits and payments made or appropriate reference
to files containing such records.
41 CFR 109-45.307 Proceeds from sales.
DOE installations shall comply with the provisions of Chapter IV of
the DOE Accounting Practices and Procedures Handbook.
41 CFR 109-45.309-50 Unserviceable property (salvage and scrap).
(a) A continuous cleanup program shall be maintained at all DOE
installations to locate, efficiently handle, and promptly dispose of
unserviceable property (salvage and scrap). Property inventories and
construction, wrecking, dismantling and other projects which might
produce scrap, should be regularly reviewed, particularly for metals and
other items which offer potential as marketable materials and for
economic returns to the Government. (See FPMR Parts 101-42 and Part
109-42 for recovery of precious metals and reporting requirements.)
(b) Scrap metals shall be segregated to the maximum economical extent
consistent with good industrial practice.
(c) Scrap metal which is contaminated with radioactive material and/
or chemically hazardous materials shall be segregated and appropriately
marked at the source as to type and degree of contamination and shall be
controlled and disposed of in accordance with application regulations.
(See Subpart 109-45.50).
41 CFR 109-45.310 Antitrust laws.
Selling organizations shall submit to the Office of the General
Counsel, with a copy to the Director of Procurement and Assistance
Management, the report on proposed sales of surplus personal property
with an acquisition cost of $3,000,000 or more, or a patent, process,
technique, or invention, regardless of cost. Information to be included
is contained in FPMR 101-45.310.
41 CFR 109-45.316 Report of identical bids.
Selling organizations shall forward the report on identical bids
required by FPMR 101-45.316 to the Office of the General Counsel, with a
copy to the Director of Procurement and Assistance Management.
41 CFR 109-45.316 Subpart 109-45.5 -- Abandonment or Destruction of Surplus Property
41 CFR 109-45.501-1 General.
(a) The finding required by FPMR 101-45.501-1(a) that property has no
commercial value or the estimated cost of its continued care and
handling would exceed the estimated proceeds from its sale shall be in
writing and shall be made by an official designated by the head of the
field office concerned.
41 CFR 109-45.501-2 Reviewing authority.
The head of the field office concerned will be the reviewing
authority for approval to abandon or destroy property with an
acquisition cost of more than $1,000.
41 CFR 109-45.501-2 Subpart 109-45.47 -- Reports
41 CFR 109-45.4701 Performance reports.
The report of the sale or other disposition of surplus personal
property is furnished to GSA in combination with the report of the
utilization of domestic excess personal property required in FPMR
101-43.4701. See 109-43.4701 for DOE reporting requirements.
41 CFR 109-45.4701 Subpart 109-45.50 -- Excess and Surplus Radioactively and Chemically Contaminated Personal Property
41 CFR 109-45.5001 Scope of subpart.
This subpart sets forth policies and procedures for the utilization
and disposal outside of DOE of excess and surplus personal property
which has been radioactively or chemically contaminated.
41 CFR 109-45.5002 Policy.
When the holding organization determines it is appropriate to dispose
of contaminated personal property, such contaminated personal property
shall be disposed of by DOE in accordance with appropriate Federal
regulations governing radiation/chemical exposure to the public and
contamination in the environment. In special cases where Federal
regulations do not exist or apply, appropriate national consensus
standards shall be used.
41 CFR 109-45.5003 Responsibilities.
41 CFR 109-45.5003-1 Development of criteria for utilization and
disposal outside DOE.
The Assistant Secretary for Policy, Safety and Environment (PE-1) has
responsibility for the development of criteria for utilization and
disposal of excess and surplus radioactively and chemically contaminated
personal property outside of DOE.
41 CFR 109-45.5003-2 Implementation of policy.
Heads of field offices shall overview the implementation of policy as
set forth in 109-45.5002 and approve or disapprove requests for
utilization and disposal outside of DOE.
41 CFR 109-45.5004 Procedures.
41 CFR 109-45.5004-1 Suspect personal property.
(a) Each excess item of personal property (including scrap), having a
history of use in an area where exposure to radioactively or chemically
contaminated materials may occur, shall be considered suspect and shall
be monitored using appropriate instruments and techniques by qualified
personnel of the DOE office or contractor generating the excess.
(b) Prior to utilization or disposal outside DOE, with due
consideration to the economic factors involved, every effort shall be
made to reduce the level of contamination of items of excess or surplus
property to the lowest practicable level.
(c) If contamination is suspect and the property is of such size,
construction, or location as to make the contamination inaccessible for
the purpose of measurement, such property shall not be utilized or
disposed of outside DOE through normal channels.
41 CFR 109-45.5004-2 Handled as uncontaminated equipment.
If monitoring of suspect equipment indicates that the contamination
does not exceed applicable standards, it may be utilized and disposed of
in the same manner as uncontaminated equipment, provided the guidance in
109-45.5004-1(b) has been considered. However, recipients shall be
advised where levels of radioactive contamination require specific
controls for shipment as provided in Department of Transportation
Regulations for shipment of radioactive materials (49 CFR parts 171-179,
inclusive). In addition, when any contaminated equipment is
circularized within DOE, reported to GSA, or otherwise disposed of, the
kind and degree of contamination must be plainly indicated on all
pertinent documents.
41 CFR 109-45.5004-2 Subpart 109-45.51 -- Disposal of Excess Personal Property in Foreign Areas
41 CFR 109-45.5100 Scope of subpart.
This subpart sets forth policies and procedures governing the
disposal of DOE-owned foreign excess and surplus personal property.
41 CFR 109-45.5101 Authority.
The policies and procedures contained in this subpart are issued
pursuant to the provisions of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 471). Title IV of that Act
entitled ''Foreign Excess Property'' provides that, except where
commitments exist under previous agreements, all excess property located
in foreign areas shall be disposed of by the owning agency, and directs
that the head of such agency conform to the foreign policy of the United
States in making such disposals.
41 CFR 109-45.5102 General.
Disposal of Government-owned property in the custody of DOE
organizations or its contractors in foreign areas shall be made in an
efficient and economical manner, and in conformance with the foreign
policy of the United States.
41 CFR 109-45.5103 Definitions.
As used in this subpart, the following definitions apply:
(a) Foreign means outside the United States, Puerto Rico, American
Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin
Islands.
(b) Foreign service post means the local diplomatic or consular post
in the area where the excess property is located.
41 CFR 109-45.5104 Responsibilities.
41 CFR 109-45.5104-1 Director of Procurement and Assistance Management.
The Director of Procurement and Assistance Management develops and
interprets policies, principles, and general procedures for the disposal
of excess property in foreign areas.
41 CFR 109-45.5104-2 Heads of offices in foreign areas.
Heads of DOE foreign offices --
(a) Are authorized to handle foreign excess disposal matters in
accordance with Title IV, ''Foreign Excess Property'' of the Federal
Property and Administrative Services Act of 1949, as amended and this
subpart;
(b) Shall refer to the Property and Equipment Management Division
(MA-422), any requests for advice or approval of the State Department on
proposed disposals of excess property in foreign areas for review,
coordination and handling through appropriate channels; and
(c) Shall approve the exchange or lease of foreign excess property
when in their opinion such action is clearly in the best interest of the
Government as provided in 109-45.5105-2(b).
41 CFR 109-45.5105 Disposal.
41 CFR 109-45.5105-1 General.
(a) Foreign excess property which is not required for transfer within
DOE or to other U.S. Government agencies shall be considered surplus and
may be disposed of by transfer, sale, exchange, or lease, for cash,
credit, or other property and upon such other terms and conditions as
may be deemed proper. Such property may also be donated, abandoned, or
destroyed under the conditions specified in 109-45.5105-2(c). Most
foreign governments have indicated to the State Department that they
wish to be consulted before U.S. Government property is disposed of in
their countries (except in the case of transfers to other U.S.
Government agencies). Matters concerning customs duties and taxes, or
similar charges, may require prior agreement with the foreign government
involved. The State Department shall be contacted in regard to these
problems. Whenever advice or approval of the State Department is
required by this subpart, it may be obtained either through the foreign
service post in the foreign area involved or from the State Department
in Washington, D.C. If the problem is to be presented to the State
Department in Washington, D.C., it shall be referred through appropriate
administrative channels to the Director of Procurement and Assistance
Management, for review, coordination and handling.
(b) Foreign excess property which is not transferred for use may be
transferred to other U.S. Government agencies for disposal. This
procedure may often prove advantageous, particularly when only small
amounts of property are involved or when personnel of the other agencies
are generally engaged in disposal activities.
41 CFR 109-45.5105-2 Methods of disposal.
(a) Sales of foreign excess shall be conducted in accordance with the
following guidelines:
(1) Generally, all sales of surplus foreign excess property shall be
conducted under the competitive bid process unless it is advantageous
and more practicable to the Government not to do so. When competitive
bids are not solicited, reasonable inquiry of prospective purchasers
shall be made in order that sales may be made on terms most advantageous
to the U.S. Government.
(2) In no event shall any property be sold in foreign areas without a
condition which states that its importation into the United States is
forbidden unless the U.S. Secretary of Agriculture (in the case of any
agricultural commodity, food, or cotton or woolen goods), or the U.S.
Secretary of Commerce (in the case of any other property), determines or
has determined that the importation of such property would relieve
domestic shortages or otherwise be beneficial to the economy of the
United States.
(3) Sales documents shall provide that the purchaser must pay any
import duties or taxes levied against property sold in the country
involved and further provide that the amount of this duty or tax shall
not be included as a part of the price paid the U.S. Government for the
property. In the event the levy is placed upon the seller by law, the
buyer will be required to pay all such duties or taxes and furnish the
seller copies of his receipt prior to the release of the property to
him. However, if the foreign government involved will not accept
payment from the buyer, the seller will collect the duties or taxes and
turn the amounts collected over to the foreign government. Accounting
for the amounts collected shall be coordinated with the disbursing
officer of the nearest United States foreign service post. The property
shall not be released to the purchaser until the disposal officer is
satisfied that there is no responsibility for payment by the United
States (as contrasted to collection by the United States) of taxes,
duties, excises, etc.
(4) Certain categories of property, including small arms and machine
guns; artillary and projectiles; ammunition, bombs, torpedoes, rockets
and guided missiles; fire control equipment and range finders; tanks
and ordnance vehicles; chemical and biological agents, propellents and
explosives; vessels of war and special naval equipment; aircraft and
all components, parts and accessories for aircraft; military electronic
equipment; aerial cameras, military photo-interpretation, stereoscopic
plotting and photogrammetry equipment; and all material not enumerated
which is classified from the standpoint of military security (United
States Munitions List, 22 CFR 121.01), are subject to restrictions as to
disposal. Advance approval must be obtained from the State Department
for the sale of all such articles. Therefore, prior to the sale of any
of the articles enumerated in the U.S. Munitions List, the foreign
service post in the area shall be consulted.
(5) Prior to the sale of property which had a total acquisition cost
of $250,000 or more, plans for such sale shall be reported to the
Property and Equipment Management Division (MA-422) in ample time to
allow considerations of possible foreign policy aspects and advice
thereon from the State Department. (See 109-45.5106(a)). All proposed
sales, regardless of the total acquisition cost of the property
involved, which the head of the DOE foreign office believes might have a
significant effect on the economic or political situation in a
particular area, shall be discussed with the foreign service post.
(b) While there is authority for exchange or lease of foreign surplus
property, such authority shall be exercised only when such action is
clearly in the best interests of the U.S. Government. Disposals by
exchange are subject to the same requirements as disposals by sale under
109-45.5105-2(a).
(c) Foreign excess or surplus property (including waste, salvage, and
scrap) may be donated, abandoned, or destroyed provided (1) the property
has no commercial value, or the estimated cost of its care and handling
would exceed the estimated proceeds from its sale, and (2) a written
finding to that effect is made and approved by the head of the DOE
foreign office. No property shall be abandoned or destroyed if donation
is feasible. Donations under these conditions may be made to any agency
of the U.S. Government, or to educational, public health or charitable
nonprofit organizations of governments. Foreign excess property may also
be abandoned or destroyed when such action is required by military
necessity, safety, or considerations of health or security. A written
statement explaining the basis for disposal by this means and approval
by the head of the DOE foreign office is required. Property shall not
be abandoned or destroyed in a manner which is detrimental or dangerous
to public health and safety, or which will cause infringement on the
rights of other persons.
41 CFR 109-45.5106 Reports.
(a) Proposed sales of foreign excess property having an acquisition
cost of $250,000 or more reported to the Property and Equipment
Management Division (MA-422) should present all pertinent data,
including the following:
(1) The description of property to be sold, including --
(i) Identification of property (description should be in terms
understandable to persons not expert in technical nomenclature);
property covered by the Munitions List and regulations pertaining
thereto (as published in 22 CFR 121.01) should be clearly indicated;
(ii) Quantity;
(iii) Condition; and
(iv) Acquisition cost.
(2) The proposed method of sale (i.e., bid, negotiated sale, etc.).
(3) Any currency to be received and payment provisions (i.e., U.S.
dollars, foreign currency, or credit, including terms of proposed
agreement).
(4) Any restrictions on use of property to be sold (such as
retransfer of property, disposal as scrap, demilitarization, etc.).
(5) Any special terms.
(6) The categories of prospective purchasers (e.g., host country,
other foreign countries, special qualifications, etc.).
(7) How taxes, excises, duties, etc. will be handled.
(b) Instructions for reporting foreign excess utilization and
disposal transactions are contained in Chapter III of the DOE Accounting
Practices and Procedures Handbook.
41 CFR 109-45.5106 PART 109-46 -- UTILIZATION AND DISPOSAL OF PERSONAL
PROPERTY PURSUANT TO EXCHANGE/SALE AUTHORITY
Sec.
109-46.000 Scope of part.
109-46.000-50 Applicability.
41 CFR 109-45.5106 Subpart 109-46.4 -- Disposal
109-46.406 Records.
109-46.407 Reports.
Authority: Sec. 644, Pub. L. 95-91, Stat. 599 (42 U.S.C. 7254).
Source: 49 FR 25597, June 21, 1984, unless otherwise noted.
41 CFR 109-46.000 Scope of part.
This part implements and supplements FPMR Part 101-46.
41 CFR 109-46.000-50 Applicability.
Except as set forth below, the requirements of FPMR Part 101-46 and
this part are not applicable to DOE contractors. Contractors shall
comply with the following requirements:
FRMR 101-46.201
FPMR 101-46.202(a)
FPMR 101-46.202(d) (1), (2), (4), (5), (6), (7), and (10)
FPMR 101-46.202(e)
FPMR 101-46.401
DOE-PMR 109-46.406
41 CFR 109-46.000-50 Subpart 109-46.4 -- Disposal
41 CFR 109-46.406 Records.
Contractor shall prepare and maintain such records as will show full
compliance with the applicable provisions of FPMR Part 101-46.
41 CFR 109-46.407 Reports.
The report of exchange/sale transactions required by FPMR 101-46.407
shall be submitted through normal administrative channels to the
Property and Equipment Management Division (MA-422) within 60 days after
the close of the fiscal year. Negative reports are required.
41 CFR 109-46.407 PART 109-48 -- UTILIZATION, DONATION, OR DISPOSAL OF
ABANDONED AND FORFEITED PERSONAL PROPERTY
Sec.
109-48.000 Scope of part.
109-48.001-50 Applicability.
41 CFR 109-46.407 Subpart 109-48.1 -- Utilization of Abandoned and
Forfeited Personal Property
109-48.101-6 Transfer to other Federal agencies.
109-48.102-4 Proceeds.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25598, June 21, 1984, unless otherwise noted.
41 CFR 109-48.000 Scope of part.
This part implements and supplements FPMR Part 101-48, Utilization,
Donation, or Disposal of Abandoned and Forfeited Personal Property.
41 CFR 109-48.001-50 Applicability.
The provisions of FPMR 101-48 and this part are applicable to
contractor operations where the abandoned or forfeited personal property
is found on premises owned or leased by the Government.
41 CFR 109-48.001-50 Subpart 109-48.1 -- Utilization of Abandoned and Forfeited Personal Property
41 CFR 109-48.101-6 Transfer to other Federal agencies.
(d) Transfer orders covering requests for transfers of forfeited or
voluntarily abandoned distilled spirits, wine and malt beverages for
medicinal, scientific or mechanical purposes shall be forwarded through
normal administrative channels for signature by the Property and
Equipment Management Division (MA-422) and for subsequent forwarding to
GSA for release.
41 CFR 109-48.102-4 Proceeds.
After retention of any monies received from disposal of abandoned or
forfeited property for the three-year period specified in FPMR
101-48.102-4 with no claim being filed, such monies shall be deposited
as provided in Chapter IV of the DOE Accounting Practices and Procedures
Handbook.
41 CFR 109-48.102-4 PART 109-50 -- PROGRAMMATIC DISPOSAL OF DOE PROPERTY
Sec.
109-50.000 Scope of part.
109-50.001 Applicability.
41 CFR 109-48.102-4 Subpart 109-50.1 -- General
109-50.101 Authority.
41 CFR 109-48.102-4 Subpart 109-50.3 -- Used Energy-Related Laboratory
Equipment Grant Program
109-50.300 Scope of part.
109-50.301 Applicability.
109-50.302 General.
109-50.303 Authority.
109-50.304 Definitions.
109-50.305 Responsibilities and authorities.
109-50.305-1 Director of Procurement and Assistance Management.
109-50.305-2 Director, Office of Field Operations Management, Office
of Energy Research.
109-50.305-3 Heads of field offices.
109-50.305-4 Contracting officers.
109-50.305-5 Excess used energy-related laboratory equipment holding
organizations.
109-50.305-6 Screening locations.
109-50.306 Types of equipment which may be granted.
109-50.307 Types of equipment which may not be granted.
109-50.308 Procedure.
109-50.309 Reports.
109-50.310 Screening locations.
41 CFR 109-48.102-4 Subpart 109-50.4 -- Programmatic Disposal to
Contractor of DOE Property in a Mixed Facility
109-50.400 Scope of subpart.
109-50.401 Definitions.
109-50.402 Responsibilities and authorities.
109-50.402-1 Director of Procurement and Assistance Management.
109-50.402-2 Heads of Headquarters program organizations.
109-50.402-3 Heads of field offices and contracting officers.
109-50.403 Programmatic disposal of DOE property in mixed facilities.
109-50.403-1 Submission of proposals.
109-50.403-2 Need to establish DOE program benefit.
109-50.404 Notification.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25598, June 21, 1984, unless otherwise noted.
41 CFR 109-50.000 Scope of part.
This part provides guidance on the authorities, policies, and
procedures for the disposal of DOE property for programmatic purposes.
41 CFR 109-50.001 Applicability.
The provisions of this part 109-50 apply to direct DOE operations,
but do not apply to contractors unless specifically provided in the
appropriate subpart.
41 CFR 109-50.001 Subpart 109-50.1 -- General
41 CFR 109-50.101 Authority.
Programmatic disposals of DOE property generally are made under the
authority and subject to the provisions of the Atomic Energy Act of
1954, as amended (42 U.S.C. 2011), the Energy Reorganization Act of 1974
(42 U.S.C. 5801), the Department of Energy Organization Act (42 U. S.C.
7101), and other special laws which provide authority for DOE program
activities.
41 CFR 109-50.101 Subpart 109-50.3 -- Used Energy-Related Equipment Grant Program
41 CFR 109-50.300 Scope of subpart.
This subpart provides guidance on the granting of used,
energy-related laboratory equipment to universities and colleges and
other nonprofit educational institutions of higher learning in the
United States for use in energy-oriented educational programs.
41 CFR 109-50.301 Applicability.
This subpart is applicable to direct operations and to contractors.
41 CFR 109-50.302 General.
DOE, to encourage research in the field of energy, awards grants of
used energy-related laboratory equipment to eligible institutions for
use in energy-oriented educational programs. Under the Used
Energy-Related Laboratory Equipment Grant Program, grants of used
energy-related equipment excess to the requirements of DOE offices and
contractors may be made to eligible institutions prior to reporting the
equipment to GSA for utilization.
41 CFR 109-50.303 Authority.
The used Energy-Related Laboratory Equipment Grant Program is
conducted under the authority of Article 31 of the Atomic Energy Act of
1954, as amended, section 103, paragraph 10, of the Energy
Reorganization Act of 1974, and Title III of the Department of Energy
Organization Act.
41 CFR 109-50.304 Definitions.
As used in this subpart the following definitions apply:
(a) Book value means acquisition cost less depreciation.
(b) Eligible institution means any nonprofit educational institution
of higher learning, such as universities, colleges, junior colleges,
hospitals, and technical institutes or museums located in the United
States and interested in establishing or upgrading energy-oriented
educational programs.
(c) Energy-oriented education program means one that deals partially
or entirely in energy or energy-related topics.
(d) DOE Financial Assistance Rules (10 CFR part 600) is the
Department of Energy directive which establishes a uniform
administrative system for application, awards, and administration of
assistance awards, including grants and cooperative agreements.
41 CFR 109-50.305 Responsibilities and authorities.
41 CFR 109-50.305-1 Director of Procurement and Assistance Management.
The Director of Procurement and Assistance Management establishes
policies and procedures for the award and administration of grants.
41 CFR 109-50.305-2 Director, Office of Field Operations Management,
Office of Energy Research.
The Director, Office of Field Operations Management, Office of Energy
Research --
(a) Has program responsibility for the Used Energy-Related Laboratory
Equipment Grant Program;
(b) Issues general instructions and information on the program to
institutions;
(c) Reviews and, where appropriate, approves requests from
institutions for used equipment where the book value of an item of
equipment exceeds $100,000 or where the cumulative book value of used
equipment grants to any one institution exceeds $100,000; and
(d) Issues annual summary reports of equipment granted under this
program to field and Headquarters organizations. Advises when grants to
individual institutions approach the $100,000 book value cumulative
limit.
41 CFR 109-50.305-3 Heads of field offices.
Heads of field offices shall establish procedures for review and
evaluation of equipment grant proposals in accordance with this subpart.
41 CFR 109.50.305-4 Contracting officers.
Contracting Officers --
(a) Award energy-related laboratory equipment grants under this
program in accordance with the DOE Financial Assistance Rules and
program instructions issued by the Director, Office of Energy Research
and this subpart;
(b) Forward a copy of each approved and accepted grant to the Office
of Energy Research; and
(c) Forward to the Office of Field Operations Management, Office of
Energy Research, for approval prior to award of grant, requests from
institutions for used equipment where the book value of the equipment
exceeds $100,000 or where the cumulative book value of grants to an
institution exceeds $100,000.
41 CFR 109-50.305-5 Excess used energy-related laboratory equipment
holding organizations.
Each DOE and contractor organization holding excess used
energy-related laboratory equipment shall forward copies of excess
reports (SF-120) to screening locations cited in 109-50.310 after DOE
screening through the REAPS program (See 109-43.311-1-50).
41 CFR 109-50.305-6 Screening locations.
Organizations designated in 109-50.310 shall retain current files of
reports of excess used energy-related laboratory equipment for review by
eligible institutions.
41 CFR 109-50.306 Types of equipment which may be granted.
Examples of types of equipment which may be granted under the Used
Energy-Related Laboratory Equipment Grant Program are listed below.
These examples are merely illustrative and not inclusive.
-- Radiation detectors, monitors, scalers, and counters -- Nuclear
reactors and accelerators -- Neutron howitzers and generators --
Critical and subcritical assemblies -- Bubble and cloud chambers
-- Dosimeters, survey meters, radiometers, and spectroscopes --
Radiation shields and reactor associate components -- Mass
spectrometers, infrared spectrometers, and ultraviolet
spectrometers
-- Gas and liquid chromatographs -- Ammeters, voltmeters,
electrometers -- Linear and pulse-height analyzers -- Power
supplies -- Catalvst test units -- Distillation columns --
Temperature and pressure recorders -- Ion control gauges -- Gas
tracers and analyzers -- Solar collectors and heliometers
41 CFR 109-50.307 Types of equipment which may not be granted.
Types of equipment which will not be granted include --
(a) Any equipment determined to be required by DOE direct operations
or DOE contractors;
(b) General supplies, such as Bunsen burners, hoods and work benches;
furniture; office equipment, such as typewriters, adding machines, and
duplicating machines; drafting and office supplies; refrigerators;
tools; presses, lathes, furnaces, hydraulic and mechanical jacks,
cranes and hoists; and computing equipment; or
(c) Any equipment which has been obtained as excess from another
Federal agency.
41 CFR 109-50.308 Procedure.
(a) After completion of DOE utilization screening, copies of excess
reports (SF 120) of used energy-related laboratory equipment will be
forwarded by each holding organization to the sites listed in 109-50.310
for use by eligible institutions in reviewing and earmarking specific
equipment. These reports will be separately prepared and identified
with the caption ''Used Energy-Related Laboratory Equipment.''
(b) The following periods have been established during which time
equipment will remain available to this program prior to reporting it to
the General Services Administration for utilization by other Federal
agencies:
(1) Sixty days from the date DOE utilization screening is completed
and the report is issued to screening locations, to permit suitable time
for eligible institutions to review and earmark the desired equipment.
(2) An additional sixty days after the equipment is earmarked to
permit the eligible institutions to prepare and submit an equipment
proposal request and to provide time for field organizations to review
and evaluate the proposal and take appropriate action.
(c) Upon approval of the proposal, the issuance of the grant
instrument and acceptance by the institution are deemed to constitute
transfer of title.
(d) A Standard Form 120, accompanied by a copy of the completed
grant, shall be used to drop accountability of the granted equipment
from the financial records.
(e) The cost of care and handling of property incident to the grant
shall be charged to the receiving institution. Such costs may consist
of packing, crating, shipping and insurance, and are limited to actual
costs. In addition, where appropriate, the cost of any repair and/or
modification to any equipment shall be borne by the recipient
institution.
41 CFR 109-50.309 Reports.
(a) In addition to the copy of the awarded grant required to be
forwarded in accordance with 109-50.305-4(b), each awarded grant shall
be reported in the Procurement Assistance Data System.
(b) Heads of field offices shall include grants made under this
program in the annual report of property transferred to non-Federal
recipients, as required by FPMR 101-43-4701(c).
41 CFR 109-50.310 Screening locations.
The locations shown on the following pages shall retain current files
of SF-120s, reports of excess used energy-related laboratory equipment,
for review by eligible institutions. After completion of DOE
utilization screening through REAPS, DOE activities shall forward copies
of SF 120s covering used energy-related laboratory equipment to these
locations.
Property Management Office, Atomics International Division, Rockwell
International Corporation, 8900 DeSoto Avenue, Canoga Park, California
91305
Property Manager, Lawrence Livermore Laboratory, University of
California, Livermore, California 94720
Business Services, L-53, Lawrence Livermore Laboratory, University of
California, Livermore, California 94550
Department of Energy, P.O. Box 26247, Belmar Branch, 1075 S. Yukon,
Lakewood, Colorado 89226
Department of Energy, Rocky Flats Area Office, P.O. Box 928, Golden,
Colorado 80401
Department of Energy, ER-44 Room 3F-053, 1000 Independence Avenue.,
SE. Washington, DC 20585. Attn: Dr. Larry L. Barker, (202) 252-6512
Department of Energy, MA-422, Room 8H-089, 1000 Independence Avenue.,
SE. Washington, DC 20585. Attn: Mr. J. H. Mackey, (202) 252-8261
Department of Energy, 1655 Peachtree Street, NE., 8th Floor, Atlanta,
Georgia 30309
EG & G, Property Management Branch, 539 Second Street, Idaho Falls,
Idaho 83401
Department of Energy, Idaho Operations Office, Property Management
and Administrative Services Branch, 550 Second Street, Idaho Falls,
Idaho 83401
Argonne National Laboratory, Plant Operations, Plant Management, 9700
South Cass Avenue, Argonne, Illinois 60439
Ames Laboratory, Iowa State University, Materials Handling and
Property Office, Room 152, Research Building, Ames, Iowa 50010
Department of Energy, 23rd Floor, 324 E. 11th St., Kansas City,
Missouri 64106
Department of Energy, Kansas City Area Office, P.O. Box 202, Kansas
City, Missouri 64141
Department of Energy, Nevada Operations Office, Contract and Property
Division, Property Management Branch, P.O. Box 14100, Las Vegas, Nevada
89114
Sandia Laboratories, Office of University Relations, P.O. Box 5800,
Albuquerque, New Mexico 87115
Brookhaven National Laboratory, Supply and Materials Office, Upton,
Long Island, New York 11973
Monsanto Research Corporation, Mound Laboratory, Property Management,
P.O. Box 32, Miamisburg, Ohio 45342
Department of Energy, 1421 Cherry Street, 10th Floor, Philadelphia,
Pennsylvania 10102
E. I. Dupont de Nemours & Co., Savannah River Laboratory, University
Relations Office, Aiken, South Carolina 29801
Oak Ridge National Laboratory, Material and Services, P.O. Box X, Oak
Ridge, Tennessee 37830
Department of Energy, P.O. Box 5800, 2626 Mockingbird Lane, Dallas,
Texas 75235
Rockwell Hanford, Excess Utilization, Building 1167-A, P.O. Box 250,
Richland, Washington 99352
41 CFR 109-50.310 Subpart 109-50.4 -- Programmatic Disposal to Contractor of DOE Property in a Mixed Facility
41 CFR 109-50.400 Scope of subpart.
This subpart contains guidance to be followed when it is proposed to
sell or otherwise transfer DOE personal property located in a mixed
facility to the contractor who is the operator of that facility.
41 CFR 109-50.401 Definitions.
As used in this subpart, the following definitions apply:
(a) DOE property is the DOE-owned personal property in a mixed
facility.
(b) Contractor is the operator of the mixed facility.
(c) Mixed facility is a partly DOE-owned and partly contractor-owned
facility. For purposes of this subpart, however, this definition does
not apply to such a facility operated by an educational or other
nonprofit institution under a basic research contract with DOE.
109-50.402 Responsibilities and authorities.
41 CFR 109-50.402-1 Director of Procurement and Assistance Management.
The Director of Procurement and Assistance Management is authorized
to approve proposals for the programmatic disposal of DOE personal
property in a mixed facility to the contractor operating that facility.
41 CFR 109-50.402-2 Heads of Headquarters program organizations.
Heads of Headquarters program organizations shall review and forward
to the Property and Equipment Management Division (MA-422) for approval,
proposals for programmatic disposal of DOE personal property in a mixed
facility to the contractor operating that facility.
41 CFR 109-50.402-3 Heads of field offices and contracting officers.
Heads of field offices and contracting officers shall submit
proposals involving programmatic disposals of DOE property in mixed
facilities through appropriate administrative channels to the cognizant
Headquarters program organization for review and forwarding for
approval.
41 CFR 109-50.403 Programmatic disposal of DOE property in mixed facilities.
41 CFR 109-50.403-1 Submission of proposals.
Proposals involving programmatic disposals for DOE personal property
in mixed facilities to contractors operating the facility shall be
forwarded through the appropriate program organization to the Property
and Equipment Management Division (MA-422) for review and processing for
approval. Each such request for review and approval shall include all
information necessary for a proper evaluation of the proposal. The
proposal shall include, as a minimum --
(a) The purpose of the mixed facility;
(b) The character, condition and present use of the DOE property
involved, as well as its acquisition cost, accumulated depreciation, and
net book value;
(c) The programmatic benefits which would acrue to DOE from the
disposal to the contractor (including the considerations which become
important if the disposal is not made);
(d) The appraised value of the DOE property (preferably by
independent appraisers); and
(e) The proposed terms and conditions of disposal (covering for
example, (1) price, (2) priority to be given work for DOE requiring the
use of the transferred property, and including the basis for any
proposed charge to DOE for amortizing the cost of plant and equipment
items, (3) recapture of the property if DOE foresees a possible future
urgent need, and (4) delivery of the property, whether ''as is-where
is,'' etc.).
41 CFR 109-50.403-2 Need to establish DOE program benefit.
When approval for a proposed programmatic disposal of DOE personal
property in a mixed facility is being sought, it must be established
that the disposal will benefit a DOE program. For example, approval
might be contingent on a showing that --
(a) The entry of the contractor as a private concern into the energy
program is important and significant from a programmatic standpoint;
and
(b) The sale of property to the contractor will remove obstacles
which otherwise discourage his entry into the field.
41 CFR 109-50.404 Notification.
The Under Secretary will be advised prior to any disposal which is
considered sensitive.
41 CFR 109-50.404 SUBCHAPTER I -- INDUSTRIAL PLANT EQUIPMENT
41 CFR 109-50.404 PART 109-51 -- LOANS OF INDUSTRIAL PLANT EQUIPMENT
FROM THE DEFENSE INDUSTRIAL PLANT EQUIPMENT CENTER
Sec.
109-51.000 Scope of part.
109-51.001 Policy.
109-51.002 Memorandum of Agreement.
109-51.003 General provisions.
109-51.004 DIPEC Handbook.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25601, June 21, 1984, unless otherwise noted.
41 CFR 109-51.000 Scope of part.
This part prescribes the policy and conditions for loans of
industrial plant equipment (IPE) from the Department of Defense General
Reserve under the management of the Defense Industrial Plant Equipment
Center (DIPEC) and makes reference to the DOE DIPEC Handbook which
prescribes procedures for arranging loans of IPE from DIPEC.
41 CFR 109-51.001 Policy.
Since loan of DIPEC equipment is at no cost, except for packing,
crating, handling, and transportation charges, DOE field organizations
and contractors are encouraged to use DIPEC as a source of industrial
plant equipment in lieu of purchasing such equipment.
41 CFR 109-51.002 Memorandum of Agreement.
An agreement between DOE and the Defense Logistics Agency establishes
the policies, procedures and conditions by which DOE may obtain loans of
IPE from DIPEC. (Exhibit A of the DIPEC Handbook).
41 CFR 109-51.003 General provisions.
(a) DOE field organizations and contractors may requisition IPE on a
loan basis for periods up to five years. The IPE loan period may be
extended on mutual agreement between DIPEC and the DOE field office
involved.
(b) DOE has a 30-day period to accept or reject IPE placed on hold by
DIPEC.
(c) DOE field organizations or contractors will pay costs of
transportation, dismantling, crating and handling of IPE from and to
DOD.
(d) On completion of the loan period, the DOE field organization or
contractor shall return the DIPEC-IPE in the same condition as received
except for fair wear and tear.
(e) DOE is required under terms of the agreement to decontaminate IPE
prior to return or replace the equipment with an equivalent item.
41 CFR 109-51.004 DIPEC Handbook.
The DIPEC Handbook is available through field organizations or by
request to the Property and Equipment Management Division (MA-422). The
Handbook cites the procedures for arranging loan of IPE, illustrates the
forms used and provides a bibliography of DIPEC publications which list
the available IPE by type of equipment and by DIPEC control numbers.
41 CFR 109-51.004 SUBCHAPTER J (RESERVED)
41 CFR 109-51.004 SUBCHAPTER K -- GOVERNMENT PROPERTY IN THE POSSESSION OF OFF-SITE CONTRACTORS
41 CFR 109-51.004 PART 109-60 -- MANAGEMENT OF GOVERNMENT PROPERTY IN
THE POSSESSION OF OFF-SITE CONTRACTORS
Sec.
109-60.000 Scope and applicability of part.
109-60.001 Definitions.
41 CFR 109-51.004 Subpart 109-60.1 -- Contractor's Responsibility
109-60.100 General.
109-60.101 Assumption of responsibility.
109-60.102 Contractor's liability.
109-60.103 Segregation of Government property.
109-60.104 Physical protection of property.
109-60.105 Control of sensitive items of property.
109-60.106 Disposition.
109-60.107 Relief from responsibility.
41 CFR 109-51.004 Subpart 109-60.2 -- Records and Financial Reports
109-60.200 General.
109-60.201 Unit cost.
109-60.202 Records of plant and capital equipment.
109-60.203 Records of material maintained in stores.
109-60.204 Records of material issued upon receipt.
109-60.205 Financial property control reports.
109-60.206 DOE plant and equipment asset types.
41 CFR 109-51.004 Subpart 109-60.3 -- Identification
109.60.300 General.
41 CFR 109-51.004 Subpart 109-60.4 -- Physical Inventories
109-60.400 General.
109-60.401 Frequency.
109-60.402 Reporting results of inventories.
109-60.403 Records of inventories.
109-60.404 Inventories upon termination or completion.
41 CFR 109-51.004 Subpart 109-60.5 -- Care and Maintenance
109-60.500 General.
109-60.501 Contractor's maintenance program.
41 CFR 109-51.004 Subpart 109-60.6 -- Utilization, Disposal, and
Retirement
109-60.600 General.
109-60.601 Maximum use of property.
109-60.602 Disposal.
109-60.603 Retirement of property.
41 CFR 109-51.004 Subpart 109-60.7 -- Motor Vehicle and Aircraft
Management
109-60.700 Scope of subpart.
109-60.701 Definition.
109-60.702 Policy.
109-60.703 Classification of motor vehicles.
109-60.704 Acquisition of motor vehicles.
109-60.705 Identification of motor vehicles.
109-60.706 Use of the GSA Interagency Motor Pool System.
109-60.707 Official use of motor vehicles.
109-60.708 Maintenance.
109-60.709 Disposition of motor vehicles.
109-60.710 Required motor vehicle reports.
109-60.711 Aircraft.
41 CFR 109-51.004 Subpart 109-60.8 -- 109-60.46 (Reserved)
41 CFR 109-51.004 Subpart 109-60.47 -- Reports
109-60.4700 Required reports.
Authority: Sec. 644, Pub. L. 95-91, 91 Stat. 599 (42 U.S.C.
7254).
Source: 49 FR 25601, June 21, 1984, unless otherwise noted.
41 CFR 109-60.000 Scope and applicability of part.
This part sets forth the minimum requirements to be observed by
off-site contractors in establishing and maintaining control over
Government property provided pursuant to a contract with DOE. This part
does not apply to transportation contracts, grants, cooperative
agreements, contracts with state and local governments, and to operating
and on-site service contractors. To the extent of any inconsistency
between this part and the terms of the contract under which the
Government property is provided, the terms of the contract shall govern.
41 CFR 109-60.001 Definitions.
As used in this part the following definitions apply:
(a) Accessory item means an item that facilitates or enhances the
operation of capitalized equipment but which is not essential for its
operation, such as remote control devices.
(b) Auxiliary item means an item without which the basic unit of
equipment cannot operate, such as motors for pump and machine tools.
(c) Capital equipment means personal property items having a unit
acquisition cost of generally $1,000.00 or more and an anticipated
service life in excess of one (1) year, regardless of type of funding,
are not properly chargeable to buildings or utilities, and having the
potential for maintaining their integrity as capital items, i.e., not
expendable due to use.
(d) Government personal property means all property provided at
Goverment expense for performance of the contract, regardless of the
method by which it is provided, including rented or leased equipment,
except real property, records of the Federal Government, nuclear and
special source materials, and atomic weapons and by-product materials.
(1) Government-furnished property means property in the possession of
or directly acquired by the Government and subsequently made available
to the contractor for use in performance of the contract.
(2) Contractor-acquired Government property means property acquired
or otherwise provided by the contractor for performance of a contract
and to which the Government has title or the right to take title under
the contract terms.
(e) Materials means property which may be incorporated into or
attached to an end item to be delivered under a contract or which may be
consumed or expended in normal use in the performance of a contract. It
includes, but is not limited to, raw and processed material, parts,
components, assemblies, or supplies.
(f) Property administrator means an authorized representative of the
contracting officer assigned to administer the contract requirements and
obligations relative to Government property. If an authorized
representative has not been designated as the property administrator,
the contracting officer is the property administrator.
(g) Plant and equipment means land, land rights, depletable
resources, improvements to land, buildings and structures, utilities,
and capital equipment having an anticipated service life of 1 year or
more, the individual units of which satisfy the monetary and other
criteria for capital charges and which therefore justify the maintenance
of continuing plant and equipment records.
(h) Salvage means that property which has some value in excess of its
basic material content but which is in such condition that it has no
reasonable prospect of use for any purpose as a unit and its repair or
rehabilitation for use is clearly impracticable.
(i) Scrap means property that has no value except for the recoverable
value of its basic material content.
(j) Sensitive items means those items of property which are
susceptible to being appropriated for personal use or which can be
readily converted to cash. Examples are firearms, photographic
equipment, binoculars, tape recorders, calculators, and power tools.
(k) Special test equipment means either single or multipurpose
integrated test units engineered, designed, fabricated, or modified to
accomplish special purpose testing in the performance of a contract. It
consists of items or assemblies of equipment that are interconnected and
interdependent so as to become a new functional entity for special
testing purposes. It does not include material, special tooling,
facilities (except foundations and similar improvements necessary for
the installation of special test equipment), and equipment items used
for general testing purposes.
(l) Special tooling means jigs, dies, fixtures, molds, patterns,
taps, gauges, other equipment and manufacturing aids, all components of
these items, and replacement of these items, which are of such a
specialized nature that without substantial modification or alteration
their use is limited to the development or production of particular
supplies or parts thereof or the performance of particular services. It
does not include material, special test equipment, facilities (except
foundations and similar improvements necessary for the installation of
special tooling), general or special machine tools, or similar capital
items.
41 CFR 109-60.001 Subpart 109-60.1 -- Contractor's Responsibility
41 CFR 109-60.100 General.
(a) The contractor is directly responsible and accountable for all
Government property in its possession or control in accordance with the
provisions of the contract, including property provided under such
contract which may be in the possession or control of a subcontractor.
The contractor shall establish and maintain a system, in accordance with
the provisions of this part, to control, protect, preserve and maintain
all Government property. If the contractor is expected to acquire and
be accountable for, or does acquire Government personal property with an
acquisition value of $500,000 or more, the contractor's property
management system shall be in writing. Contractors holding Government
personal property with an acquisition value of less than $500,000 may,
at the discretion of the contracting officer, be required to have their
property management system in writing. The requirement for written
systems may be waived in writing by the contracting officer where the
contracting officer determines that maintenance of a written system is
unnecessary. The system shall be reviewed and if satisfactory, approved
in writing by the contracting officer.
(b) The contractor shall maintain and make available such records as
are required by subpart 109-60.2 and shall account for all Government
property until relieved of that responsibility. Liability for loss,
damage, or improper use of property in a given instance will depend upon
all the circumstances surrounding the particular case and will be
determined in accordance with the provisions of the contract. The
contractor shall furnish all data necessary to substantiate any request
for discharge from responsibility.
(c) The contractor shall require subcontractors provided Government
property under the prime contract to comply with the provisions of this
part. Procedures for assuring subcontractor compliance shall be
included in the contractor's property control system.
(d) If any portion of the contractor's property control system is
found to be inadequate upon review by the property administrator,
necessary corrective action will be accomplished by the contractor prior
to approval of the system. When agreement as to adequacy of control or
corrective action cannot be reached between the contractor and the
property administrator, the matter will be referred to the contracting
officer.
(e) The property records and the premises where any Government
property is located shall be accessible to the property administrator or
other authorized representative during contract performance, at contract
completion or termination, or at all reasonable times. The contractor's
property control system is subject to audit by the Government as often
as circumstances warrant during the contract's performance, at its
completion or termination, or at any time thereafter while the
contractor is required to retain the contract records. All these
records, including related correspondence, shall be made available to
the auditors.
41 CFR 109-60.101 Assumption of responsibility.
(a) The contractor becomes responsible for Government-furnished
property upon its delivery into the contractor's custody or control.
For contractor-acquired Government property, the contractor assumes
responsibility in accordance with the property provisions of the
contract.
(b) All Government-furnished property shall be inspected and checked
promptly at the time of receipt. Any visible or other external evidence
of damage or error in quantity should be noted on the waybill with the
signature of the carrier's agent. As soon as possible, the contractor
shall send the contracting officer a full report of the damage or
quantity error, including extent, apparent cause, and the estimated cost
of repairs. The contracting officer will advise the contractor of the
action to be taken.
(c) It is the contractor's responsibility to inspect, at the time of
receipt, all property not furnished by the government that is acquired
in the performance of the contract, and to take any necessary action
with the vendor and/or carrier if there should be any damage or error in
quantity.
(d) Procedures shall be established to protect any warranty rights
which accrue to the Government with the acquisition of Government
property.
41 CFR 109-60.102 Contractor's liability.
(a) Subject to the terms of the contract, the contractor may be
liable for shortage, loss, damage, or destruction of Government property
or when there is evidence of improper or unreasonable use or consumption
of Government property.
(b) The contractor shall report promptly to the property
administrator any shortage, loss, damage, or destruction of Government
property in its possession or control, or in the possession or control
of any subcontractor, together with all the facts and circumstances of
the case.
(c) Any loss that may be due to theft shall be reported by the
contractor immediately to the local police and/or Federal Bureau of
Investigation and the property administrator.
41 CFR 109-60.103 Segregation of Government property.
Ordinarily, provisions shall be made by the contractor to keep
Government property segregated from contractor-owned property.
Commingling of Government and contractor-owned property may be allowed
only when the segregation of the property would materially hinder the
progress of the work, (e.g., segregation is not feasible for reasons
such as quantities, lack of space, or costs caused by additional
handling), and where control procedures are adequate, i.e., the
Government property is identified as being Government property.
Commingling must be approved in advance by the property administrator,
In case of research and development contracts with educational
institutions, commingling is authorized without the requirement for
advance approval unless physical segregation is otherwise required by
the contracting officer.
41 CFR 109-60.104 Physical protection of property.
(a) Controls such as property pass systems, memorandum records,
marking of tools, regular or intermittent gate checks and perimeter
fencing shall be implemented, recognizing the value of the property, to
prevent loss, theft, or unauthorized movement of Government property
from the premises on which such property is located.
(b) Classified Government property will be handled in accordance with
instructions of the contracting officer.
41 CFR 109-60.105 Control of sensitive items of property.
(a) The contractor shall assure that effective procedures and
practices are established for the administrative and physical control of
sensitive property items before and after issuance. Each contractor
shall prepare a list of the types of property considered to be
sensitive. This list, together with control procedures, shall be
provided to the property administrator for review and approval.
(b) At a minimum, controls on sensitive property shall include
property records, memorandum receipts, bin or tool check systems, or
combinations thereof. Procedures shall provide for physical inventories
at least once each year, and methods for adjustment of inventory levels
due to losses, thefts and damage. More frequent inventories of
sensitive property may be necessary where the value of the property,
degree of security achieved, or loss experience indicates greater
controls are required in order to protect the Government's interest.
Such procedures and practices shall be subject to review and approval by
the property administrator.
41 CFR 109-60.106 Disposition.
The contractor is responsible for disposing of Government property as
provided for in the contract or as directed by the contracting officer.
The contractor shall promptly advise the property administrator of any
Government property that becomes excess to requirements for contract
performance and to take such action for its disposition as directed.
41 CFR 109-60.107 Relief from responsibility.
Subject to instructions of the contracting officer and the terms of
the contract, the contractor may be relieved of responsibility for
Government property when the property is --
(a) Consumed or expended in contract performance -- to the extent the
contracting officer has determined that its consumption or expenditure
was for proper purposes and in reasonable quantity for performance of
the contract;
(b) Removed from contractor's possession -- when removed as directed
by the property administrator or contracting officer;
(c) Lost, damaged or destroyed (including property consumed or
expended in excess of reasonable requirements, and non-severable
Government-owned property which has been connected to contractor-owned
property for the performance of the contract and cannot be removed
without destroying its serviceability) -- when the contracting officer
has determined the contractor's liability, if any; the Government has
been reimbursed to the extent required by the contracting officer's
determination; and, property disposition has been made of any property
rendered unserviceable by damage; or
(d) Retained by the contractor, with approval of the contracting
officer, and for which the Government has received adequate
consideration.
41 CFR 109-60.107 Subpart 109-60.2 -- Records and Financial Reports
41 CFR 109-60.200 General.
(a) The contractor shall establish and maintain adequate property
control records, either manual or mechanized and consistent with the
requirements of this subpart, for all Government property provided under
a contract, including property provided under such contract as may be in
the possession or control of a subcontractor. Unless otherwise directed
by the contracting officer, records of Government property established
and maintained by the contractor under the terms of the contract shall
be designated and utilized as the official contract records. Duplicate
records shall not be furnished to nor be maintained by the Government.
(b) If a contractor has multiple contracts with DOE, separate
property records for each contract should be maintained. However, if
approved by the contracting officer, a consolidated property record may
be maintained if it provides the pertinent information set forth in this
subpart and the property is identified to the applicable contract.
(c) Property records of the type established for components acquired
separately shall be used for serviceable components removed from items
of Government property as a result of modification.
(d) The contractor's property control system shall contain a system
or technique to locate any item of Government property with reasonable
promptness.
41 CFR 109-60.201 Unit cost.
(a) The unit cost of each item of Government property shall consist
of the acquisition cost and the cost of any additional components, and
shall be contained in the contractor's property control system. Unless
the contractor's quantitative inventory record contains unit cost, the
supplementary records containing this information must be identified and
recognized as a part of the official property records. For
Government-furnished property, copies of documents needed for record
purposes, including pricing, will be furnished to the contractor.
(b) For property record purposes, original transportation and
installation costs are to be considered as part of the acquisition cost
of an item. Subsequent costs incurred in transporting and/or installing
transferred or relocated property should not be added to the original
acquisition cost.
41 CFR 109-60.202 Records of plant and capital equipment.
(a) For each item of plant and capital equipment (as defined in
109-60.001), the contractor shall maintain an individual item record
containing, at a minimum the --
(1) Contract number;
(2) Asset type (Ref. 109-60.206);
(3) Nomenclature or description of item;
(4) U.S. Government identification tag number;
(5) Manufacturer's name;
(6) Manufacturer's model number;
(7) Serial number;
(8) Acquisition document reference and date;
(9) Location; and
(10) Unit cost (including transportation and installation).
(b) Accessory and auxiliary items that are attached to, part of, or
acquired for use with a specific item of capital equipment shall be
recorded on the record of the associated item of capital equipment.
Useable accessory and auxiliary items that are removed from items of
Government equipment shall also be separately recorded, and the cost of
the basic item reduced proportionally.
41 CFR 109-60.203 Records of material maintained in stores.
Records of Government-owned material maintained by the contractor in
stores, and held under inventory control, shall contain the --
(a) Contract number;
(b) Nomenclature or description of item;
(c) Quantity received;
(d) Quantity issued;
(e) Balance on hand;
(f) Posting reference and date of transaction;
(g) Unit price;
(h) Location; and
(i) Disposition.
41 CFR 109-60.204 Records of material issued upon receipt.
(a) The property administrator may authorize the contractor to
maintain, in lieu of stock records, a file of appropriately
cross-referenced documents evidencing receipt, issue, and use of
Government-provided materials that is issued for immediate consumption
and not entered in the inventory records as a matter of sound business
practice.
(b) With respect to non-profit organizations, where material is
issued directly upon receipt, Government invoices, contractor's purchase
documents, or other evidence of acquisition and issue will be accepted
as adequate property records for material furnished to or acquired by
the contractor and issued directly so to be considered consumed under
the contract.
41 CFR 109-60.205 Financial property control reports.
The contractor shall prepare a semi-annual report, as of March 31 and
September 30 of each year, for each contract and subcontract thereunder
showing the dollar amount and the number of line items of plant and
capital equipment, by DOE asset type (see 109-60.206), acquired or
disposed or during the period. The report will show, at a minimum, the
beginning balance, acquisition, disposition, and ending balance. The
report format and the DOE office to which the report will be furnished
will be as directed by the property administrator. The reports are due
not later than 45 days after the end of the reporting period.
41 CFR 109-60.206 DOE plant and equipment asset types.
401 Land
410 Land Rights
430 Minerals
440 Timber
460 Site Preparation, Grading and Landscaping
470 Roads, Walks, and Paved Areas
480 Fences and Guard Towers
490 Other Improvements to Land
501 Buildings
550 Other Structures
610 Communications Systems
615 Electric Generation, Transmission and Distribution Systems
620 Fire Alarm Systems
625 Gas Production, Transmission and Distribution Systems
630 Irrigation Systems
635 Railroad Systems
640 Sewerage Systems
645 Steam Generation and Distribution Systems
650 Water Supply, Pumping, Treatment and Distribution Systems
655 Nuclear Steam and Electric Generation and Transmission Systems
660 SPR Crude Oil Piping System
665 NPR Crude Oil Extraction and Distribution System
710 Heavy Mobile Equipment
715 Hospital and Medical Equipment
720 Laboratory Equipment
725 Motor Vehicles and Aircraft
730 Office Furniture and Equipment
735 Process Equipment
740 Railroad Rolling Stock
745 Reactors and Accelerators
750 Security and Protection Equipment
755 Shop Equipment
760 Reserve Construction Equipment Pool
770 Automatic Data Processing Equipment
799 Miscellaneous Equipment
800 Improvements to Property of Others
900 Unclassified Plant and Equipment
41 CFR 109-60.206 Subpart 109-60.3 -- Identification
41 CFR 109-60.300 General.
(a) The contractor shall identify, mark, and record all capital and
sensitive items of equipment promptly upon receipt, except leased or
rented equipment, and shall maintain this identification as long as such
property remains in the custody, possession, or control of the
contractor. Property identification numbers will be recorded on all
applicable receiving, shipping, and disposal documents, and any other
documents pertaining to the property control system where practicable.
Marking and numbering shall be accomplished by etching, stamping,
painting, attaching metal or plastic tags or decalcomanias. Each item
shall be marked ''Property of the U.S. Government, Department of
Energy.'' Information on property numbers will be furnished by the
property administrator. If practicable, such markings shall be removed
or obliterated from the property involved, if and when Government
ownership is relinquished. Leased or rented equipment shall be
identified in such manner as will not damage the property. Property
which by its nature or size cannot be marked shall not be commingled
with contractor-owned property unless approved by the property
administrator. When items are not susceptible to marking, they shall be
subject to other specific control measures, such as custodial receipts.
(b) Where special tooling or special test equipment is utilized under
a contract or subcontract, it shall be identified as required by the
contracting officer.
41 CFR 109-60.300 Subpart 109-60.4 -- Physical Inventories
41 CFR 109-60.400 General.
The contractor shall periodically physically inventory Government
property in its possession or control and shall require such inventories
of property held by subcontractors. The physical inventory shall be
consistent with approved contractor procedures and generally accepted
accounting principles. Procedures that are limited solely to a
check-off of a listing of recorded property do not meet the requirements
of a physical inventory. Personnel who perform the physical inventory
shall not be the same individuals who maintain the property records or
have custody of the property unless the contractor's operation is too
small to do otherwise.
41 CFR 109-60.401 Frequency.
Physical inventories of permanently affixed plant (such as fencing,
buildings, other structures, utilities and systems) are to be taken not
less frequently than every 10 years. Inventories of movable capital
equipment are to be taken not less frequently than every 2 years.
Inventories of sensitive items (capital and non-capital) shall be taken
not less frequently than annually. Substantial quantities of materials
(stores) held under inventory control shall be inventoried annually.
Small quantities of material representing bench stock need not be
inventoried.
41 CFR 109-60.402 Reporting results of inventories.
The contractor shall, at a minimum, submit to the property
administrator a listing of all discrepancies disclosed by a physical
inventory, and a signed statement that the physical inventory was
completed on a certain date and that the official property records were
found to be in agreement with the physical inventory, except for the
discrepancies reported. As a minimum, the discrepancy listing shall
contain the property number, nomenclature, and unit cost. The listing
and signed statement shall be furnished with a minimum of delay after
completion of the physical inventory, but no later than 60 days after
its completion.
41 CFR 109-60.403 Records of inventories.
Appropriate inventory records and reports shall be maintained and
will serve as a basis for (a) effecting maximum utilization of available
property, (b) prompt identification and reporting of excess property,
(c) effective physical protection of property, and (d) the preparation
of special and recurring reports. Full use will be made of accounting
records and reports to avoid duplication.
41 CFR 109-60.404 Inventories upon termination or completion.
(a) Immediately upon termination or completion of a contract, the
contractor shall submit an inventory report adequate for determining
appropriate disposal of all Government property applicable to the
terminated or completed contract. Further, this report shall include an
inventory report of all Government property in a subcontractor's
possession or control which is also applicable to the terminated or
completed contract. This inventory report will be submitted to the
property administrator for verification and disposition action.
(b) Exception. The requirement for physical inventory of Government
property at the completion of a contract may be waived by the
contracting officer when the property is authorized for use on a
follow-on contract, provided that --
(1) Past experience has established the adequacy of property
controls; and
(2) A statement is provided by the contractor indicating that
transfer of record balances has been made in lieu of preparing a formal
inventory list and the contractor accepts responsibility and
accountability for those balances under the terms of the follow-on
contract.
41 CFR 109-60.404 Subpart 109-60.5 -- Care and Maintenance
41 CFR 109-60.500 General.
The contractor shall be responsible for the proper care and
maintenance of Government property in its possession or control from the
time of receipt until properly relieved of responsibility. The removal
of Government property to storage, or its contemplated transfer, does
not relieve the contractor of these responsibilities.
41 CFR 109-60.501 Contractor's maintenance program.
The contractor's maintenance program shall be consistent with sound
economic industrial practice, the manufacturer's recommendation, and the
terms of the contract, and shall include the following:
(a) Preventive maintenance. Preventive maintenance is generally
performed on a regularly scheduled basis in order to detect and correct
unfavorable conditions or defects before they result in breakdowns and
to maximize the useful life of the equipment. An effective preventive
maintenance program shall consist of, but not be limited to --
(1) Inspection of equipment at periodic intervals to detect
maladjustment, wear, or impending breakdown;
(2) Regular lubrication of bearings and moving parts in accordance
with a lubrication plan;
(3) Adjustments for wear, repair, or replacement of worn or damaged
parts and the elimination of causes of deterioration;
(4) Removal of sludge, chips, and cutting oils from equipment which
will not be used for a period of time;
(5) Taking necessary precautions to prevent deterioration from
contamination and corrosion; and
(6) Proper storage and preservation of accessories and special tools
furnished with an item of equipment but not regularly used with it.
(b) Major repairs or rehabilitation. The maintenance program of the
contractor shall provide for the disclosure and reporting to the
property administrator of the need for major repairs, replacement, and
other rehabilitation work on Government property in its possession or
control.
(c) Records of maintenance. The contractor shall keep records
sufficient to disclose the maintenance and repair performed and
associated cost.
41 CFR 109-60.501 Subpart 109-60.6 -- Utilization, Disposal, and Retirement
41 CFR 109-60.600 General.
It is DOE's policy that all property furnished under a contract shall
be utilized to the fullest extent possible. The contractor's procedures
shall be adequate to assure that Government property will be utilized
only for those purposes authorized in the contract, and that the
contracting officer's approval is obtained prior to noncontract use.
41 CFR 109-60.601 Maximum use of property.
Property and supply management practices shall assure that the
maximum and best possible use is made of property. Materials and
equipment shall be limited to those items essential for effective
execution of work performed under the contract.
41 CFR 109-60.602 Disposal.
Unless otherwise authorized, contractors having property determined
to be excess shall contact the property administrator for instruction as
to the proper method of disposal. Property shall not be disposed of
without prior approval of the contracting officer.
41 CFR 109-60.603 Retirement of property.
When capital equipment is worn out, lost, stolen, destroyed,
abandoned or damaged beyond economical repair, it shall be listed on a
retirement work order. A full explanation shall be made, supported by
an investigation, if necessary, as to the date and circumstances
surrounding loss, theft, destruction, or damage. The retirement work
order shall be signed by the responsible contractor administrative
official initiating the report and reviewed and approved by an official
at least one supervisory echelon above the official initiating the
report, and the property administrator. Detailed information concerning
the retention and/or submission of retirement work orders will be
furnished by the property administrator.
41 CFR 109-60.603 Subpart 109-60.7 -- Motor Vehicle and Aircraft Management
41 CFR 109-60.700 Scope of subpart.
This subpart prescribes basic policies and procedures for the
management of Government-owned motor vehicles and aircraft in the
possession of off-site contractors.
41 CFR 109-60.701 Definition.
Government-furnished motor vehicles are DOE-owned vehicles, vehicles
leased from the General Services Administration Interagency Motor Pool
System (GSA-IMPS), and vehicles leased from commercial sources.
41 CFR 109-60.702 Policy.
(a) Government-furnished motor vehicles and aircraft shall be
provided to or acquired by off-site contractors when considered
essential for the performance of the contract work and when approved by
the contracting officer.
(b) Government-owned motor vehicles and aircraft shall be maintained
and utilized by contractors in the most practical and economical manner
consistent with DOE program requirements, safety considerations, fuel
economy, and applicable laws and regulations.
(c) DOE-PMR Parts 109-38 and 109-39 (41 CFR chapter 109) contain the
requirements for management of DOE-owned motor vehicles and aircraft.
DOE contracting officers shall apply the applicable provisions contained
therein in their management of contractor motor vehicle and aircraft
operations.
(d) Contractors shall conform fully to the average fuel economy
standards established by law and these regulations in the selection of
Government-furnished motor vehicles.
(e) Contractors shall maintain and operate motor vehicles in such a
manner as to foster reduced fuel consumption.
(f) Normally, motor vehicles will not be furnished to fixed-price
contractors.
(g) Prior approval of GSA must be obtained before --
(1) Fixed-price contractors can use the GSA-IMPS; and
(2) DOE-owned motor vehicles can be furnished to any contractor in an
area served by a GSA-IMPS.
41 CFR 109-60.703 Classification of motor vehicles.
Because of differences in controls or limitations on possession and
use, Government vehicles are classified as follows:
(a) Passenger vehicles.
(1) Sedans and station wagons (small, subcompact, compact, mid-size,
and large).
(2) Ambulances.
(3) Buses.
(b) Trucks.
(1) Light, less than 8,500 GVWR (Gross Vehicle Weight Rating).
(i) 4 x 2.
(ii) 4 x 4.
(2) Light, 8,500 to 12,499 GVWR.
(i) 4 x 2.
(ii) 4 x 4.
(3) Medium, 12,500 to 23,999 GVWR.
(4) Heavy, 24,000 GVWR or more.
(c) Special purpose vehicles.
(1) Fire trucks.
(2) Construction vehicles.
(3) Other vehicles equipped for special purposes.
41 CFR 109-60.704 Acquisition of motor vehicles.
(a) GSA has the responsibility for procurement of motor vehicles for
Government agencies.
(b) Contractors shall submit motor vehicle requirements to the
contracting officer for approval.
(c) The acquisition of passenger vehicles is limited to small,
subcompact, and compact vehicles which meet Government fuel economy
standards.
(d) The DOE Procurement and Assistance Management Directorate,
Headquarters, (MA-422), shall certify all requisitions for the
following:
(1) The acquisition of small, subcompact, and compact passenger
vehicles.
(2) The lease (60 continuous days or more) of light trucks less than
8,500 GVWR.
(e) Purchase requisitions for acquisition of passenger vehicles by
purchase or lease must be processed in accordance with 41 CFR
109-38.1306.
(f) Purchase requisitions for other motor vehicles may be submitted
to GSA as directed by the contracting officer.
(g) Contractors shall thoroughly examine motor vehicles acquired
under a GSA contract for defects. Any defect shall be reported promptly
to GSA, and repairs shall be made under terms of the warranty.
41 CFR 109-60.705 Identification of motor vehicles.
(a) Except as indicated in 109-60.705(b), DOE-owned motor vehicles
will have Government license tags and the following identification,
which will be furnished and displayed as specified by the property
administrator:
For Official Use Only
U.S. Government
Department of Energy
(b) Security vehicles may be exempted from the above requirements by
the contracting officer. All other exemptions require approval by the
DOE Director of Procurement and Assistance Management Directorate.
41 CFR 109-60.706 Use of the GSA Interagency Motor Pool System.
Where authorized by the contracting officer, contractors may use the
services of the GSA-IMPS.
41 CFR 109-60.707 Official use of motor vehicles.
Government-owned vehicles are to be used for ''Official Use Only.''
Contracting officers may approve home-to-work or work-to-home
transportation on a one-time exceptional basis. Home-to-work or
work-to-home transportation on a continuing basis requires approval of
the head of the cognizant DOE field office. Records of such approval
will be kept on file.
41 CFR 109-60.708 Maintenance.
Contractors shall maintain Government-owned vehicles according to a
systematic written procedure and in accordance with manufacturer's
specifications and the terms of the warranty. The GSA publication
''Guide for the Preventive Maintenance of Motor Vehicles'' provides
guidance for the maintenance of Government-owned vehicles.
41 CFR 109-60.709 Disposition of motor vehicles.
(a) The contractor shall dispose of DOE-owned motor vehicles as
directed by the contracting officer.
(b) DOE-owned motor vehicles may be disposed of as exchange/sale
items when directed by the contracting officer; however, a designated
DOE official must execute the Title Transfer forms.
41 CFR 109-60.710 Required motor vehicle reports.
Contractors shall submit the following annual fiscal year-end reports
of Government-furnished motor vehicles to the contracting officer.
Information on preparation and submission of the reports will be
furnished by the property administrator.
(a) Agency Report of Motor Vehicle Data (Standard Form 82).
(b) Special Purpose Vehicle Report.
(c) Age and Mileage Analysis.
41 CFR 109-60.711 Aircraft.
(a) Acquisition of aircraft requires statutory authority.
Contracting officers may authorize a lease, rental, hire, or loan of an
aircraft if the period is less than 30 days. If longer than 30 days,
approval must be obtained from the DOE Director of Procurement and
Assistance Management.
(b) Aircraft shall be used for official purposes only.
41 CFR 109-60.711 Subpart 109-60.8 -- 109-60.46 (Reserved)
41 CFR 109-60.711 Subpart 109-60.47 -- Reports
41 CFR 109-60.4700 Required reports.
Following is a summary listing of those property reports required to
be submitted by the contractor, along with the frequency of the reports
and the subpart which describes the report:
(a) Loss, damage, or destruction of Government property (On
occurrence) 109-60.102(b).
(b) Loss due to theft (On occurrence) 109-60.102(c).
(c) Financial property control reports (Semi-annual) 109-60.205.
(d) Physical inventories of permanently affixed plant (Not less
frequently than every 10 years) 109-60.402.
(e) Physical inventories of capital equipment (Not less frequently
than biennial) 109-60.402.
(f) Physical inventories of sensitive items (Not less frequently than
annual) 109-60.402.
(g) Termination inventories (Termination or completion) 109-60.404.
(h) Motor vehicle reports (Annual) 109-60.710.
41 CFR 109-60.4700 41 CFR Ch. 114 (7-1-92 Edition)
41 CFR 109-60.4700 Department of the Interior
41 CFR 109-60.4700 CHAPTER 114 -- DEPARTMENT OF THE INTERIOR
Part
Page
114-1 Introduction
114-3 Annual real property inventories
114-19 Construction and alteration of public buildings
114-25 General
114-26 Procurement sources and programs
114-27 Inventory management
114-28 Storage and distribution
114-30 Federal Catalog System
114-38 Motor equipment management
114-40 Transportation and traffic management
114-41 Audit of transportation payments
114-42 Property rehabilitation services and facilities
114-43 Utilization of personal property
114-44 Donation of personal property
114-45 Sale, abandonment, or destruction of personal property
114-46 Utilization and disposal of personal property pursuant to
exchange/sale authority
114-47 Utilization and disposal of real property
114-50 Uniform relocation and assistance and real property
acquisition for federal and federally assisted programs
114-51 Provision and assignment of quarters and furnishings
114-52 Establishment of quarters rental rates
114-60 Personal property management
41 CFR 109-60.4700
41 CFR 109-60.4700 41 CFR Ch. 114 (7-1-92 Edition)
41 CFR 109-60.4700 Department of the Interior
41 CFR 109-60.4700 PART 114-1 -- INTRODUCTION
41 CFR 109-60.4700 Subpart 114-1.1 -- Regulation System
Sec.
114-1.100 Scope of subpart.
114-1.101 Federal Property Management Regulations System.
114-1.102-50 Interior Property Management Regulations.
114-1.103-50 IPMR Temporary Regulations.
114-1.104-50 Publication and distribution of IPMR.
114-1.104-50.1 Publication.
114-1.104-50.2 Distribution.
114-1.104-50.3 Filing.
114-1.105-50 Authority for IPMR System.
114-1.106-50 Applicability of IPMR.
114-1.107-50 Consultation regarding IPMR.
114-1.108-50 Interior implementation and supplementation of FPMR.
114-1.109-50 Numbering in IPMR System.
114-1.110 Deviation.
Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).
Source: 42 FR 30196, June 13, 1977, unless otherwise noted.
41 CFR 109-60.4700 Subpart 114-1.1 -- Regulation System
41 CFR 114-1.100 Scope of subpart.
This subpart describes the Department of the Interior Property
Management Regulations System which establishes uniform property
management policies, regulations, and procedures for use throughout the
Department of the Interior.
41 CFR 114-1.101 Federal property management regulations system.
The Federal Property Management Regulations System is the basis of
the Interior Property Management Regulations System.
41 CFR 114-1.102-50 Interior property management regulations.
Interior Property Management Regulations (IPMR) are issued only as
needed to (a) supplement the Federal Property Management Regulations
(FPMR) governing the acquisition, utilization, management, and
disposition of real and personal property, and (b) to implement other
property management policies and regulations promulgated by the Office
of Management and Budget and the General Services Administration.
41 CFR 114-1.103-50 IPMR temporary regulations.
(a) IPMR Temporary Regulations shall be issued when: (1) Time is
limited;
(2) The regulation is not of a permanent nature or is subject to
frequent changes.
(b) Each Temporary Regulation not subject to frequent changes shall
have an established expiration date or be scheduled for conversion to a
permanent regulation.
41 CFR 114-1.104-50 Publication and distribution of IPMR.
41 CFR 114-1.104-50.1 Publication.
All IPMR issuances shall be published on looseleaf, light green
paper. Permanent regulations shall first be published in the Federal
Register under this 41 CFR part 114, then reproduced and transmitted as
400 DM Additions to the FPMR. Temporary regulations shall be published
as numbered memoranda identified as ''Interior Property Management
Regulations Temporary Regulations.''
41 CFR 114-1.104-50.2 Distribution.
All IPMR issuances shall receive the same distribution as FPMR
amendments. Requests for a change in either the quantity or the address
shall be forwarded to the Division of Property Management in the Office
of Acquisition and Property Management.
(42 FR 30196, June 13, 1977)
41 CFR 114-1.104-50.3 Filing.
As described in 400 DM 1, the IPMR are to be interleaved with
looseleaf editions of the Federal Property Management Regulations.
41 CFR 114-1.105-50 Authority for IPMR System.
Interior Property Management Regulations (IPMR) are prescribed by the
Secretary under authority of 5 U.S.C. 301, 40 U.S.C. 486(c), 41 CFR
101-1.108, and other authorities specifically cited in the text.
41 CFR 114-1.106-50 Applicability of IPMR.
The Interior Property Management Regulations System applies to all
bureaus and offices in the Department of the Interior unless otherwise
indicated in the IPMR or specifically excluded by law.
41 CFR 114-1.107-50 Consultation regarding IPMR.
IPMR of more than a routine nature are developed in consultation with
affected bureaus and offices. Additionally, five interbureau property
management committees have been established for consultation and
assistance in the formulation of Departmental policies and procedures in
the following areas of property management: (a) Personal property; (b)
real property -- utilization, disposal, inventory, and controls; (c)
real property -- acquisition and relocation; (d) quarters; (e)
appraisal.
41 CFR 114-1.108-50 Interior implementation and supplementation of FPMR.
(a) As provided in IPMR 114-1.102, the Department shall issue IPMR to
supplement or expand upon material already covered in the basic FPMR.
In the absence of any IPMR issuance, the basic FPMR material shall
govern.
(b) The IPMR System shall also be used to incorporate property
management policies and procedures related to subject matter not covered
in the FPMR.
(c) The IPMR shall be consistent with the policies and procedures
contained in the FPMR and shall not duplicate or paraphrase FPMR
material.
41 CFR 114-1.109-50 Numbering in IPMR System.
(a) IPMR are issued in the same numerical sequence as the material
covered in the FPMR except that the agency identification number is
''114,'' the number of the chapter in title 41 of the Code of Federal
Regulations which has been assigned to the Department for publication of
the IPMR.
(b) IPMR shall be numbered ''50'' or higher to identify any part,
subpart, or section that does not have a corresponding FPMR number.
(c) Any reference to the IPMR shall clearly identify the chapter,
part, section, and paragraph. The official reference for this paragraph
is 41 CFR 114-1.109(c), and the informal reference is IPMR 114-1.109(c).
(d) Bureau regulations codified into the FPMR System shall be
identified by alphabetical designation immediately following the
Department Code (114), as specified below:
114A -- Office of the Secretary
114B -- Office of Administrative Services
114C -- Reserved
114D -- Fish and Wildlife Service
114E -- Bureau of Mines
114F -- Geological Survey
114G -- Reserved
114H -- Bureau of Indian Affairs
114J -- Bureau of Land Management
114K -- National Park Service
114L -- Office of Territorial Affairs
114M -- The Alaska Power Administration
114N -- Bureau of Outdoor Recreation
114P -- Mining Enforcement and Safety Administration
114R -- Office of Water Research and Technology
114S -- Bureau of Reclamation
114T -- Bonneville Power Administration
114U -- Southeastern Power Administration
114W -- Southwestern Power Administration
114Y -- Office of Aircraft Services
114Z -- Defense Electric Power Administration
(42 FR 30196, June 13, 1977; 42 FR 32783, June 28, 1977)
41 CFR 114-1.110 Deviation.
Any deviation from the mandatory provisions of the FPMR and IPMR
requires prior written approval by the Assistant Secretary -- Policy,
Budget and Administration. The head of each bureau and office may
request such approval by submitting a detailed justification to the
Office of Acquisition and Property Management.
(42 FR 30196, June 13, 1977)
41 CFR 114-1.110 PART 114-3 -- ANNUAL REAL PROPERTY INVENTORIES
41 CFR 114-1.110 Subpart 114-3.1 -- General Provisions
Sec.
114-3.104 Source of data.
114-3.105 Agency liaison.
41 CFR 114-1.110 Subpart 114-3.2 -- Annual Report -- Real Property Owned
by the United States
114-3.200 Scope of subpart.
114-3.201 Reporting agency.
114-3.204 Reports to be submitted.
114-3.205 Optional reporting method.
114-3.206 Preparation and due dates.
Authority: 5 U.S.C. 301, sec. 205(c), 63 Stat. 390; 40 U.S.C.
486(c).
Source: 34 FR 440, Jan. 11, 1969, unless otherwise noted.
41 CFR 114-1.110 Subpart 114-3.1 -- General Provisions
41 CFR 114-3.104 Source of data.
Data reflected in the real property inventory reports shall be based
on real property and accounting records maintained by the reporting
Bureau or Office.
41 CFR 114-3.105 Agency liaison.
The Director, Office of Acquisition and Property Management, Office
of the Assistant Secretary -- Policy, Budget and Administration is the
designated agency representative for this Department for liaison with
the General Services Administration on matters related to the owned real
property inventories. Any questions concerning these inventories shall
be referred to him for handling.
(40 FR 3450, Jan. 22, 1975)
41 CFR 114-3.105 Subpart 114-3.2 -- Annual Report -- Real Property Owned by the United States
41 CFR 114-3.200 Scope of subpart.
This subpart prescribes the procedure and forms to be used by Bureaus
and Offices in connection with annual reports on real property owned by
the United States, including real properties held in trust by the Bureau
of Indian Affairs.
41 CFR 114-3.201 Reporting agency.
The inventory report shall be prepared and submitted by the Bureau or
Office which has basic accountability for the property, with authority
to assign, reassign, or dispose of it. Thus, where one bureau holds or
occupies real property under a permit, or memorandum of agreement, from
another bureau, whether within or outside of this Department, the bureau
granting the permit, and not the bureau occupying the real property, is
always the one which must report. If the grantee bureau has any reason
to believe that the grantor bureau may not be reporting such property,
this should be clarified in writing between the bureaus concerned, so
that both no-reporting and duplicate reporting are avoided.
41 CFR 114-3.204 Reports to be submitted.
Each Bureau and Office having basic accountability for real property
shall prepare an annual inventory report to cover such property in
accordance with detailed instructions found in FPMR 101-3.2, 101-3.49,
and in the following paragraphs:
(a) Reports shall be prepared on GSA Forms 1166 and 1209, except when
arrangements have been made to furnish detailed machine listings and
punched cards as provided in IPMR 114-3.205.
(b) GSA Form 1166: Data on this form are transposed by GSA onto
punch cards and mechanically printed. It is important, therefore, that
special care be taken to follow the detailed GSA instructions, regarding
number of digits, placing of decimal points, etc.
(1) For purposes of this inventory, the reporting entity is an
''installation''.
(i) Except as provided in paragraph (b)(1)(ii) of this section,
Bureaus and Offices are authorized to determine what constitutes an
''installation'' for reporting purposes. However, to increase the
usefulness of the real property inventory report, Bureaus and Offices
are urged to:
(A) Report separately those units physically separate from each
other, particularly if in different counties, or if such units have been
separately authorized, individually mentioned in budget justifications,
serve a different local population center, etc.
(B) Coordinate this report with the accounting system and all other
complementary reporting requirements, such as budget justification and
preparation, quarters' surveys and reports, land utilization and status
reports, etc. The more realistically ''installation'' is fitted in with
the bureau's other needs for information, the more readily all such data
can be cross-checked, and one submission serves several reporting
requirements.
(ii) Separate reports on GSA Form 1166 shall be submitted for Job
Corps Conservation Centers. A separate summary report on GSA Form 1209
is not required, but Conservation Centers should be included in the
summary Form 1209 for the Bureau.
(2) Bureaus and Offices shall assign an agency control number (Block
2) to each installation. This number shall identify both this
Department and the Bureau, e.g., I-BIA-118, or I-EBM-224.
(3) Block 3 of GSA Form 1166 shall be left blank when a new
installation is reported for the first time. The GSA control number
assigned to a new installation by GSA will be made available to the
reporting bureau at the time the annual machine listing is distributed.
This number should be reflected in any subsequent revision of the report
for the installation.
(4) Blocks 13 and 19 should express ''Dates acquired'' by full years,
e.g., 1910-1921 and not 1910-21.
(5) In the cost block (Block 16) enter a zero for each entry of
public domain land, rather than leaving this block blank. Where cost of
acquired land was less than $500, enter ''N'' (Negligible) and explain
in remarks. Except for Historic Site lands held by the National Park
Service, enter the estimated amount land acquired by donation or for a
nominal sum would have cost if it had been purchased at the time.
(c) GSA Form 1209: The ''Remarks'' block shall include a summary
statement describing the nature and causes of any major or significant
changes occuring in all categories of real property being reported, as
compared with the prior years report. For example, if a bureau's land
holdings show a significant increase, it should be made clear whether
this is due to continuing small acquisitions at most installations, or a
few large acquisitions pursuant to a new program.
(d) Consolidated GSA Form 1166: Each Bureau and Office shall prepare
and submit, in original only, a consolidated GSA Form 1166 report of all
of its real property holdings as of June 30 each year. Only Blocks 1,
6, and 11 through 30 need be completed.
(34 FR 440, Jan. 11, 1969, as amended at 40 FR 12790, Mar. 21, 1975)
41 CFR 114-3.205 Optional reporting method.
Any Bureau or Office desiring to submit its real property inventory
in the form of a machine listing supported by punch cards shall notify
the Director, Office of Acquisition and Property Management so that
appropriate arrangements can be made with the central office of the
General Services Administration.
(40 FR 12791, Mar. 21, 1975)
41 CFR 114-3.206 Preparation and due dates.
The annual inventory report on GSA Forms 1166 and 1209 shall be
prepared as of June 30 of each year and transmitted to reach the
Director, Office of Acquisition and Property Management by not later
than August 21, in the number of copies indicated below.
GSA Form 1166. An original and one copy. A complete file of all
current individual installation reports shall be maintained by the
bureau headquarters office.
GSA Form 1209. An original and two copies, and one copy to be
retained by the bureau headquarters office.
Consolidated GSA Form 1166. An original only is required for
retention and use by the Director, Office of Acquisition and Property
Management.
(40 FR 12791, Mar. 21, 1975)
41 CFR 114-3.206 PART 114-19 -- CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS
41 CFR 114-3.206 Subpart 114-19.6 -- Accommodations for the Physically
Handicapped
Sec.
114-19.602 Definitions.
114-19.603 Standards.
114-19.607 Reporting.
Authority: Sec. 205(c), 63 Stat. 390; 5 U.S.C. 301, 40 U.S.C.
486(c).
41 CFR 114-3.206 Subpart 114-19.6 -- Accommodations for the Physically
Handicapped
Source: 40 FR 25593, June 17, 1975, unless otherwise noted.
41 CFR 114-19.602 Definitions.
For purposes of this subpart 114-19.6, the definition of
''buildings'' contained in 41 CFR 101-19.602 shall be construed to
exclude the following buildings which are the responsibility of the
General Services Administration:
(a) Federally-owned buildings under the control and management of the
General Services Administration where a Bureau or Office of this
Department occupies space in the building as a ''tenant,'' or
(b) Leased buildings where the General Services Administration
administers the lease and a Bureau or Office of this Department occupies
space in the building as a ''tenant''.
41 CFR 114-19.603 Standards.
The head of each Bureau and Office is responsible for ensuring that
all buildings under his jurisdiction which are subject to the provisions
of 41 CFR 101-19.6 are designed, constructed, or altered in accordance
with the minimum standards in the ''American Standard Specifications for
Making Buildings and Facilities Accessible to, and Usable by the
Physically Handicapped, Number A117.1-R1971.''
41 CFR 114-19.607 Reporting.
The semiannual report required by 41 CFR 101-19.607 shall be prepared
in accordance with the instructions contained in 41 CFR 101-19.607, on
the reverse side of GSA Form 2974 and, in the following paragraphs:
(a) Separate reports should be submitted for (1) Government-owned
buildings, (2) Government-leased buildings, (3) buildings funded by
grant and, (4) buildings funded by loan.
(b) In reporting buildings being constructed or altered by or on
behalf of the Bureau or Office at an existing ''installation,'' as
referred to in IPMR 114-3.204, include in the column headed ''Name of
building'' on GSA Form 2974, the GSA control number assigned to the
installation involved.
(c) GSA Form 2974 shall be signed by the head of the Bureau or
Office, or his designee, not below the Chief Administrative Officer of
the Bureau. This official's signature on the report carries with it a
certification to the effect that all buildings subject to the
Architectural Barriers Act are reported and that the buildings are in
compliance with that Act.
(d) Each separate report specified in IPMR 114-19.607(a) shall be
consolidated for the Bureau or Office and transmitted, in duplicate, to
reach the Director, Office of Acquisition and Property Management by not
later than March 10 and September 10 of each year.
41 CFR 114-19.607 PART 114-25 -- GENERAL
41 CFR 114-19.607 Subpart 114-25.1 -- General Policies
Sec.
114-25.100 Use of Government personal property and nonpersonal
services.
114-25.104 Acquisition of office furniture and typewriters.
114-25.104-1 Redistribution, repair, or rehabilitation.
41 CFR 114-19.607 Subpart 114-25.3 -- Use Standards
114-25.302 Office furniture, furnishings and equipment.
114-25.302-1 Executive type office furniture and furnishings.
114-25.302-3 Electric typewriters.
114-25.303 Gasoline for use in motor vehicles.
114-25.304 Additional systems and equipment for passenger motor
vehicles.
114-25.350 Standard lettering for bench marks and corner markers.
114-25.351 Prohibition against use of lead-based paint in Federal and
federally assisted construction.
41 CFR 114-19.607 Subpart 114-25.48 -- Reports
114-25.4801 Supply activity report.
114-25.4801-50 Responsibility for review.
Authority: Sec. 205(c), 63 Stat. 390; 5 U.S.C. 301, 40 U.S.C.
486(c).
41 CFR 114-19.607 Subpart 114-25.1 -- General Policies
41 CFR 114-25.100 Use of Government personal property and nonpersonal
services.
The head of each bureau and office is responsible for ensuring that
the provisions of 101-25.100 of this title are enforced. The use of
personal property and nonpersonal services is authorized as being for an
officially designated purpose in rendering assistance in major disasters
or other emergency situations pursuant to 205 DM 1 and 905 DM 1. It is
also proper to make personal property available to a contractor,
grantee, or cooperator when there is specific statutory authority for
such use.
(41 FR 4927, Feb. 3, 1976)
41 CFR 114-25.104 Acquisition of office furniture and typewriters.
In making a determination as to whether requirements can be met
through the utilization of already owned furniture and typewriters,
reasonable efforts shall be made to determine whether such items are
available from other bureau offices and other bureaus of the Department
within a reasonable transport distance. Such efforts shall include
direct inquiries and shall not be limited to a review of available
property circularized in accordance with IPMR 114-43.102-52.
(36 FR 12834, July 8, 1971)
41 CFR 114-25.104-1 Redistribution, repair, or rehabilitation.
In furtherance of the intent of FPMR 101-25.104-1, particular
consideration shall be given to the advantages of instituting a
Bureau-wide program for the repair and rehabilitation of office
furniture and typewriters already in bureau inventories in lieu of new
procurement.
(36 FR 12834, July 8, 1971)
41 CFR 114-25.104-1 Subpart 114-25.3 -- Use Standards
41 CFR 114-25.302 Office furniture, furnishings, and equipment.
(36 FR 19026, Sept. 25, 1971)
41 CFR 114-25.302-1 Executive type office furniture and furnishings.
(a) The head of each bureau and office, or his designee, and the
Director of Administrative Service are authorized to make the
determinations contemplated by FPMR 101-25.302-1(a).
(b) New executive and unitized wood office furniture may be procured
for personnel entitled to it on the basis of the standards in FPMR
101-25.302-1 (a) and (b) if the required furniture is not available from
Bureau-owned unassigned inventory, and reassignment of furniture in
accordance with FPMR 101-25.302-1(c) is determined to be uneconomical.
(36 FR 19026, Sept. 25, 1971)
41 CFR 114-25.302-3 Electric typewriters.
(a) (Reserved)
(b) Electric typewriters meeting the replacement standards prescribed
in FPMR 101-25.403 may be assigned to stations not meeting the use
standards criteria in FPMR 101-25.302-3. This will permit the use of
such typewriters for less demanding work such as draft preparation and
informal correspondence and often avoid the cost of purchasing new
manual typewriters for such purposes. The overhaul or repair criteria
in the replacement standards contemplates restoration to a condition
suitable for the rigid work requirements of the use standards. A lesser
degree of restoration or none at all will often suffice for less
demanding use.
(37 FR 11460, June 8, 1972)
41 CFR 114-25.303 Gasoline for use in motor vehicles.
In addition to using unleaded gasoline as required by FPMR
101-25.303, Interior employees shall use self-service pumps when such
use will result in the purchase of gasoline at the lowest available
price.
(42 FR 39978, Aug. 8, 1977)
41 CFR 114-25.304 Additional systems and equipment for passenger motor
vehicles.
(a) In addition to the guidelines required to be met by FPMR
101-25.304, the essentiality of such additional systems or equipment for
vehicles already in service shall be weighed against the economic
factors involved and potential benefits to be derived therefrom.
(b) The determination with respect to procurement of additional
systems and equipment for passenger motor vehicles already in service
should not be made by an official below the regional or comparable
office level.
(36 FR 22812, Dec. 1, 1971)
41 CFR 114-25.350 Standard lettering for bench marks and corner markers.
The minimum standard lettering to be used to identify all bench mark
tables is as follows:
Height of lettering: 1/4 inch.
Width of letters at surface: .040 inch.
Height of lettering: 5/32 inch.
Width of letters at surface: .032 inch.
Exceptions to the use of the foregoing lettering will be granted only
where special circumstances warrant exemption. Requests for such
exemption shall be transmitted through Bureau channels to the Director,
Office of Acquisition and Property Management, Office of the Assistant
Secretary -- Policy, Budget and Administration.
(37 FR 7092, Apr. 8, 1972. Redesignated at 37 FR 12144, June 20,
1972, and amended at 39 FR 12989, Apr. 10, 1974; 40 FR 3450, Jan. 22,
1975)
41 CFR 114-25.351 Prohibition against use of lead-based paint in Federal
and Federally assisted construction.
(a) The Lead-Based Paint Poisoning Prevention Act (Pub. L. 91-695, 84
Stat. 2078) prohibits the use of lead-based paint in residential
structures constructed or rehabilitated by the Federal Government or
with Federal assistance in any form.
(b) As amended by the National Consumer Health Information and Health
Promotion Act of 1976 (Pub. L. 94-317, 42 U.S.C. 4801), the
responsibility for enforcing the prohibition against the use of
lead-based paint was shifted from the Secretary of Health, Education and
Welfare to the Secretary of Housing and Urban Development.
(c) The Secretary of Housing and Urban Development published
implementing regulations in Part 35 or Title 24, Code of Federal
Regulations which are applicable to all Federal agencies.
(d) Lead content is the percentage of lead by weight (calculated as
lead metal) in the total non-volatile content of the paint or in the
dried film of paint already applied. Currently, lead-based paint means
any paint containing more than five-tenths of 1 per centum lead by
weight. Any paint manufactured after June 22, 1977, will be lead-based
if it contains more than six one-hundredths of 1 per centum lead by
weight.
(e) ''Residential structure'' means any house, apartment, or
structure intended for human habitation including any institutional
structure where persons reside such as an orphanage, boarding school
dormitory, day care center, or extended-care facility.
(f) Implementation. (1) All Department of the Interior activities
shall comply with the prohibition against the use of lead-based paint in
Federal and Federally assisted construction and shall not use, or permit
the use of, lead-based paint on applicable surfaces of any residential
structure being constructed or rehabilitated. As defined in 24 CFR Part
35, ''applicable surfaces'' means all interior surfaces and those
exterior surfaces which are readily accessible to children under seven
years of age.
(2) The head of each bureau and office shall issue regulations and
take such other steps as in his/her judgement are necessary to prohibit
the use of lead-based paint on applicable surfaces of any residential
structures constructed or rehabilitated under any Federal or Federally
assisted program under his/her jurisdiction. Such regulations shall
require the inclusion of appropriate provisions in contracts and
subcontracts (pursuant to which such Federal or Federally assisted
construction or rehabilitation is to be performed) to prohibit the use
of lead-based paint, and shall also provide for enforcement of that
prohibition.
(42 FR 23151, May 6, 1977)
41 CFR 114-25.351 Subpart 114-25.48 -- Reports
41 CFR 114-25.4801 Supply Activity Report.
Unless excepted under the provisions of FPMR 101-24.4801(c), each
bureau and office shall:
(a) Prepare GSA Form 1473, Supply Activity Report, in accordance with
the instructions, and
(b) Submit the original and two copies of a consolidated report to
the Office of Acquisition and Property Management within 45 calendar
days after the close of each fiscal year. Negative reports are required
and may be submitted in memorandum form.
(41 FR 24124, June 15, 1976)
41 CFR 114-25.4801-50 Responsibility for review.
Reports submitted by field offices shall be reviewed at the
headquarters level of each bureau and office, and appropriate corrective
action shall be initiated promptly in those instances where the review
discloses a need for improvement in supply activities.
(40 FR 3596, Jan. 23, 1975)
41 CFR 114-25.4801-50 PART 114-26 -- PROCUREMENT SOURCES AND PROGRAMS
41 CFR 114-25.4801-50 Subpart 114-26.3 -- Procurement of GSA Stock Items (Reserved)
41 CFR 114-25.4801-50 Subpart 114-26.4 -- Purchase of Items From Federal
Supply Schedule Contractors
Sec.
114-26.406 U.S. Government National Credit Card for use in obtaining
service station deliveries and services.
114-26.406-1 General.
41 CFR 114-25.4801-50 Subpart 114-26.5 -- GSA Procurement Programs
114-26.501 Purchase of new motor vehicles.
114-26.501-1 General.
114-26.501-2 Consolidated purchase program.
114-26.501-6 Forms used in connection with delivery of vehicles.
114-26.501-50 Definitions.
114-26.501-51 Limitation on the acquisition of passenger-carrying
motor vehicles.
114-26.501-52 Limitation on the acquisition of passenger automobiles.
114-26.501-53 Limitations on the acquisition of other motor vehicles.
41 CFR 114-25.4801-50 Subpart 114-26.7 -- Procurement Sources Other Than
GSA and the Department of Defense
114-26.750 Procurement of tax-free alcohol.
Authority: Sec. 205(c), 63 Stat. 390; 5 U.S.C. 301, 40 U.S.C.
486(c).
41 CFR 114-25.4801-50 Subpart 114-26.3 -- Procurement of GSA Stock Items (Reserved)
41 CFR 114-25.4801-50 Subpart 114-26.4 -- Purchase of Items From Federal Supply Schedule Contractors
41 CFR 114-26.406 U.S. Government National Credit Card for use in
obtaining service station deliveries and services.
(36 FR 12102, June 25, 1971)
41 CFR 114-26.406-1 General.
(a) The use of Standard Form 149 is encouraged, but commercial credit
cards issued by Federal Supply Schedule contractors are also authorized
for use.
(b) The head of each bureau and office shall determine the extent to
which Standard Form 149 shall be used.
(c) Bureau and office billing code numbers are listed in 114-38.12.
(41 FR 26572, June 28, 1976)
41 CFR 114-26.406-1 Subpart 114-26.5 -- GSA Procurement Programs
Source: 43 FR 761, Jan. 4, 1978, unless otherwise noted.
41 CFR 114-26.501 Purchase of new motor vehicles.
Any motor vehicle acquired shall be the minimum capacity/performance
and most fuel efficient vehicle which will satisfy the requirements in
consideration of overall safety, economy, and efficiency. To ensure
compliance with this energy conservation policy, the acquisition of all
motor vehicles shall be coordinated by the Heads of Bureaus and Offices,
or by their designees who may be appointed at the next lower level of
authority.
(43 FR 761, Jan. 4, 1978, as amended at 46 FR 52364, Oct. 27, 1981)
41 CFR 114-26.501-1 General.
Requisitions for purchase of all new motor vehicles shall be
submitted through the Heads of Bureaus and Offices, or through their
designees, for certification and forwarding to GSA, as provided in FPMR
114-26.501, in accordance with the instructions issued by that office.
(43 FR 761, Jan. 4, 1978, as amended at 46 FR 52364, Oct. 27, 1981)
41 CFR 114-26.501-2 Consolidated purchase program.
All motor vehicle requirements shall be consolidated to the maximum
extent possible consistent with FPMR 101-26.5.
41 CFR 114-26.501-6 Forms used in connection with delivery of vehicles.
(a) Using the prescribed form, bureaus and offices shall report to
GSA all motor vehicles deficiencies and repetitive failures.
(b) Separate action is required to obtain corrective action on any
vehicle warranty. Deficiencies noted during the warranty period must be
reported to the nearest authorized representative of the manufacturer.
If not satisfactorily corrected, the deficiency must then be reported to
the zone manager of the manufacturer. Any deficiency covered by a
warranty should never be corrected at Government expense unless there is
a dire need for the vehicle.
41 CFR 114-26.501-50 Definitions.
As used in this regulation:
(a) Acquired means either purchased or leased for a period of 60 or
more consecutive days, but does not include motor vehicles obtained from
the GSA Interagency Motor Pool System.
(b) Passenger-carrying vehicles means sedans, station wagons,
ambulances and buses.
(c) Passenger automobile means a sedan or station wagon.
(d) Law enforcement passenger automobile means a passenger automobile
designed to be used in law enforcement work, i.e., equipped with the law
enforcement component package and at least the next higher cubic inch
displacement engine than is standard for the automobile concerned.
(e) Gross Vehicle Weight means the manufacturer's gross weight rating
for the individual vehicle.
(f) Heavy-duty vehicle means any motor vehicle either designed
primarily for transportation of property and rated at more than 6,000
pounds GVW or designed primarily for transportation of persons and
having a capacity of more than 12 persons.
(g) Light-duty truck means any motor vehicle rated at 6,000 pounds
GVW or less, which is designed primarily for purposes of transportation
of property or is a derivative of such vehicle, or is available with
special features enabling off-street or off-highway operation and use.
(h) Pickup means a truck which has a passenger compartment and an
open cargo bed.
(i) Standard pickup means a pickup having a GVWR of 4,500 to 6,000
pounds.
(j) Small pickup or compact pickup means a pickup having a GVWR under
4,500 pounds.
(k) Fuel economy standard means the fuel economy standard established
by the National Highway Traffic Safety Administration for a specific
class of vehicle in a particular model year.
(l) Fleet average fuel economy means the average miles per gallon for
the total number of a particular class of motor vehicle acquired during
the fiscal year.
41 CFR 114-26.501-51 Limitation on the acquisition of passenger-carrying
motor vehicles.
(a) Passenger-carrying motor vehicles may be purchased or hired only
if specifically authorized by the appropriation concerned or other law
(31 U.S.C. 631a(a)), and then the quantity is limited to the number
specified in the appropriation act. This limitation applies to both
additions and replacements, and all of the following acquisition actions
are chargeable to the number of passenger-carrying vehicles that have
been authorized:
(1) Purchase.
(2) Hire or lease for a period of 60 or more consecutive days.
(3) Acquisition from excess sources with reimbursement.
(4) Acquisition from excess sources without reimbursement, unless an
equal number of passenger-carrying vehicles is reported to GSA as excess
within 30 days after receipt of the newly acquired excess vehicles.
(5) Acquisition from excess sources on a loan basis for more than 60
days.
(b) Each bureau/office shall establish and maintain controls at the
headquarters office level as necessary to ensure that Congressional
authorizations are not exceeded.
41 CFR 114-26.501-52 Limitations on the acquisition of passenger
automobiles.
(a) The acquisition of limousines is prohibited.
(b) No passenger automobile (sedan or station wagon) larger than a
compact (class II) may be acquired unless it is certified that the
larger vehicle is essential to the mission and the justification for the
proposed acquisition is approved by the Director, Office of Acquisition
and Property Management.
(c) No passenger automobile (sedan or station wagon) may be acquired
unless it meets or exceeds the average fuel economy standard established
for that model year unless:
(1) It is certified that the less fuel efficient vehicle is essential
to the mission;
(2) The justification for the proposed acquisition is approved by the
Director, Office of Acquisition and Property Management, with such
approval contingent upon the concurrence of the Administrator of General
Services and the Secretary of Energy; and
(3) Any such automobile is included in the calculation of the
bureau/office fleet average fuel economy which must meet or exceed the
fleet average fuel economy objective established for that fiscal year.
41 CFR 114-26.501-53 Limitations on the acquisition of other motor
vehicles.
The acquisition of all motor vehicles is subject to any limitation
that may be established by the Director, Office of Acquisition and
Property Management.
41 CFR 114-26.501-53 Subpart 114-26.7 -- Procurement Sources Other Than GSA and the Department of Defense
41 CFR 114-26.750 Procurement of tax-free alcohol.
(a) Regulatory requirement. Governmentwide regulations governing the
procurement and use of tax-free alcohol are contained in part 213 of
title 26, Code of Federal Regulations.
(b) Departmental policy. It is the policy of the Department of
Interior to utilize tax-free ethyl alcohol and tax-free specially
denatured alcohol only when no other acceptable commercial product
exists or can be procured. To ensure that this policy is strictly
enforced, an annual review shall be made to determine the availability
of acceptable commercial products which may be substituted for tax-free
alcohol without adversely affecting the quality of the work performed or
the health or safety of employees.
(c) Tax-free permits. The Bureau of Alcohol, Tobacco and Firearms
has issued permits for the purchase of tax-free alcohol and specially
denatured spirits for use in the United States and the Territories and
possessions. The following is a list of the current permits and the
names and addresses of the manufacturers from whom such items should be
procured:
Requests for any additional permits should be submitted through
Bureau channels to the Director, Office of Acquisition and Property
Management, Office of the Assistant Secretary -- Policy, Budget and
Administration, for transmittal to the Bureau of Alcohol, Tobacco and
Firearms.
(40 FR 3450, Jan. 22, 1975. Redesignated at 40 FR 10469, Mar. 6,
1975)
41 CFR 114-26.750 PART 114-27 -- INVENTORY MANAGEMENT
41 CFR 114-26.750 Subpart 114-27.2 -- Management of Shelf-Life Materials
Sec.
114-27.207 Control and inspection.
114-27.207-1 Agency controls.
41 CFR 114-26.750 Subpart 114-27.3 -- Maximizing Use of Inventories
114-27.301 Definitions.
114-27.303 Reducing long supply.
Authority: Sec. 205(c), 63 Stat. 390; 5 U.S.C. 301, 40 U.S.C.
486(c).
41 CFR 114-26.750 Subpart 114-27.2 -- Management of Shelf-Life Materials
41 CFR 114-27.207 Control and inspection.
(36 FR 19026, Sept. 25, 1971. Redesignated at 41 FR 24124, June 15,
1976)
41 CFR 114-27.207-1 Agency controls.
The head of each bureau and office shall establish procedures and
controls as necessary to:
(a) Identify those items carried in inventories which have a shelf
life of 36 months or less.
(b) Insure that items identified in accordance with paragraph (a) of
this section are readily identifiable from inventory records.
(c) Insure that items having a shelf life are stored in such a way
that the oldest stock will be issued first.
(d) Provide for periodic analyses of shelf-life materials to
determine whether or not quantities on hand will be issued prior to
expiration of the designated shelf life.
(e) Install procedures which will insure maximum utilization of
shelf-life items prior to deterioration, either by the holding office or
through available or excess property utilization channels.
(f) Schedule, insofar as practicable, procurement of self-life items
so as to minimize the risk of losses through deterioration.
(36 FR 19026, Sept. 25, 1971. Redesignated at 41 FR 24124, June 15,
1976)
41 CFR 114-27.207-1 Subpart 114-27.3 -- Maximizing Use of Inventories
41 CFR 114-27.301 Definitions.
(a) Long supply as defined in FPMR 101-27.301(a) is further defined
as that portion of the inventory which meets all of the following
conditions:
(1) Is in excess of normal requirements for a given period;
(2) Is being retained because it will ultimately be used;
(3) Is more economical to retain than to dispose and reacquire when
and as needed; but
(4) Which the holding bureau or office is willing to transfer to fill
specific needs within the bureau or within the Department.
(36 FR 19026, Sept. 25, 1971)
41 CFR 114-27.303 Reducing long supply.
(a) The head of each bureau and office is responsible for
establishing procedures to identify ''long supply'' items as herein
defined. Such procedures shall include, as a minimum:
(1) Periodic review of inventories or inventory records to identify
those items falling into the ''long supply'' category.
(2) Circularization of ''long supply'' items to other bureaus and
offices in accordance with IPMR 114-43.1, except that such
circularization should be without regard to whether the items are
reportable or nonreportable property and should be limited to those
offices known to use the items being circularized.
(3) The circularization notice should indicate that the items listed
are in ''long supply'' and whether or not reimbursement is required.
Bureaus and offices may elect to require reimbursement at transfer
values agreed to by the transferor and transferee offices.
(4) Bureaus and offices should not request transfer of any ''long
supply'' items circularized as above, unless they have a specific need
for the property and acquisition will not create a ''long supply''
inventory at the transferee office.
(5) Bureaus and offices to which ''long supply'' inventory
circularization notices are sent shall maintain a file of such notices.
In the event a subsequent need arises for any items listed, inquiry
shall be made of the holding bureau or office to determine whether the
items are still available for transfer before initiating new
procurement.
(36 FR 19026, Sept. 25, 1971)
41 CFR 114-27.303 PART 114-28 -- STORAGE AND DISTRIBUTION
41 CFR 114-27.303 Subpart 114-28.50 -- Cross-servicing Arrangements for
Motor Vehicle Fuel and Oil
Sec.
114-28.5000 Scope of subpart.
114-28.5001 Departmental policy.
114-28.5002 Semi-annual report.
Appendix A -- GSA Bulletin FPMR G-36
Authority: (5 U.S.C. 301), sec. 205(c), 63 Stat. 390 (40 U.S.C.
486(c)).
Source: 40 FR 13218, Mar. 25, 1975, unless otherwise noted.
41 CFR 114-27.303 Subpart 114-28.50 -- Cross-Servicing Arrangements for Motor Vehicle Fuel and Oil
41 CFR 114-28.5000 Scope of subpart.
This subpart implements GSA Bulletin FPMR G-36 which provides
guidelines for use in making cross-servicing arrangements for motor
vehicle fuel and oil. GSA Bulletin FPMR G-36 is incorporated herein as
appendix A.
41 CFR 114-28.5001 Departmental policy.
It is the Department's policy to encourage the Bureaus and Offices to
utilize the fuel dispensing facilities operated by other agencies under
cross-servicing arrangements whenever program activities and the
geographical locations thereof make such arrangements practicable.
Similarly, Bureaus and Offices operating bulk dispensing facilities are
encouraged to make such facilities and services available to other
Federal agencies: Provided that, Such cross-servicing can be provided
without additional staff or an expansion of existing facilities, and
within the normal working hours of the installation involved.
41 CFR 114-28.5002 Semi-annual report.
Each Bureau and Office dispensing automotive fuel and oil to other
agencies under cross-servicing arrangements shall submit a semi-annual
report on such activities to reach the Director, Office of Acquisition
and Property Management by the 20th of the month following the six-month
period ending June 30 and December 31 of each year. The report should
be submitted as an attachment to a transmittal memorandum and contain
the data specified in paragraph 5 of appendix A of this subpart.
41 CFR 114-28.5002 Subpt. 114-28.50, App. A
41 CFR 114-28.5002 Appendix A -- GSA Bulletin FPMR G-36
To: Heads of Federal Agencies.
Subject: Cost reduction obtainable through cross-servicing
arrangements for motor vehicle fuel and oil.
1. Purpose. This bulletin suggests guidelines for use in making
cross-servicing arrangements for automotive fuels.
2. Expiration date. This bulletin contains information of a
continuing nature and will remain in effect until canceled.
3. Background. GSA Bulletin FPMR No. G-23 suggested guidelines for
Federal agencies to follow in obtaining cost savings through
cross-servicing arrangements for motor vehicle fuel and oil. The use of
Government automotive fuel dispensing facilities, to the maximum extent
possible, implements the Presidential directive that the concept of
cross-servicing be expanded. This bulletin continues in effect the
guidelines established by GSA Bulletin FPMR No. G-23.
4. Cross-servicing arrangements. Agencies operating automotive fuel
dispensing facilities are urged to make available such facilities for
the use of other agencies, and for the use of vehicles operated by
agency contractors in connection with Government contracts. Agencies
not having such facilities should make arrangements for cross-servicing
as promptly as possible. Only instances of operational or geographical
impracticality should mitigate against the adoption of such
cross-servicing arrangements.
a. Cross-servicing arrangements should include (1) provisions for
forecasting requirements at appropriate intervals, and (2) provisions
for reimbursement, including overhead and labor, to the servicing
agency.
b. Where automated accounting techniques are not immediately
adaptable to reimbursable arrangements, manual procedures should be used
to take immediate advantage of this cost reduction potential.
c. Servicing agencies and agencies furnishing motor vehicles should
post a list of Government fuel dispensing facilities located in the area
customarily traveled by Government vehicles.
d. All agencies should prepare and issue to each operator using
Government-owned vehicles, or contractor vehicles used exclusively in
connection with Government contracts, a list of Government fuel
dispensing facilities located in the area customarily traveled and a
statement that automotive fuels should be procured at other outlets only
in emergency situations or in areas where Government dispensing
facilities are not practically available.
5. Agreements established. All servicing agencies are requested to
advise the General Services Administration on the 25th day following the
close of each semi-annual period, of the cross-servicing arrangements
established, the city of the servicing agency, the agencies serviced,
total gallonage dispensed by such servicing facility, the bulk price per
gallon, and the prevailing price per gallon at commercial outlets at the
time of the report.
6. Information. Reports should be addressed to, and information
concerning this bulletin may be obtained from, the General Services
Administration, Transportation and Communications Service, Motor
Equipment Management Division, Washington, D.C. 20405, Telephone
202-343-4761 or IDS Code 183-4761.
7. Cancellation. GSA Bulletin FPMR No. G-23 is canceled.
41 CFR 114-28.5002 PART 114-30 -- FEDERAL CATALOG SYSTEM
41 CFR 114-28.5002 Subpart 114-30.1 General
Sec.
114-30.103-2 Agency responsibilities.
41 CFR 114-28.5002 Subpart 114-30.5 Maintenance of the Federal Catalog
System
114-30.503 Maintenance actions required.
Authority: Sec. 205(c), 63 Stat. 390; 5 U.S.C. 301.
41 CFR 114-28.5002 Subpart 114-30.1 -- General
41 CFR 114-30.103-2 Agency responsibilities.
(a) Each bureau and office of the Department shall:
(1) Cooperate in the conversion and utilization of the Federal
Catalog System to the extent practicable and feasible without formal
participation, and depend upon the General Services Administration to
provide required information.
(40 FR 5525, Feb. 6, 1975)
41 CFR 114-30.103-2 Subpart 114-30.5 -- Maintenance of the Federal Catalog System
41 CFR 114-30.503 Maintenance actions required.
(a) Each bureau and office shall be responsible for submitting to the
General Services Administration any GSA Form 1303 needed to request the
performance of all cataloging functions and the preparation and
transmission of data to DLSC when required.
(40 FR 5525, Feb. 6, 1975)
41 CFR 114-30.503 PART 114-38 -- MOTOR EQUIPMENT MANAGEMENT
Sec.
41 CFR 114-30.503 Subpart 114-38.53 -- Aircraft (Reserved)
41 CFR 114-30.503 Subpart 114-38.55 -- Watercraft
114-38.5500 Scope of subpart.
114-38.5501 Definition.
114-38.5502 Basic policy.
114-38.5503 Official use.
114-38.5504 Responsibility.
114-38.5505 Requirements for new watercraft.
114-38.5506 Modification of other watercraft.
114-38.5507 Identification requirements.
114-38.5508 Training.
114-38.5509 Associated equipment requirements.
114-38.5510 Fire controls.
114-38.5511 Inspection requirements.
114-38.5512 Operating requirements.
Authority: Sec. 205(c), 63 Stat. 390; 5 U.S.C. 301, 40 U.S.C.
486(c).
41 CFR 114-30.503 Subpart 114-38.53 -- Aircraft (Reserved)
41 CFR 114-30.503 Subpart 114-38.55 -- Watercraft
Source: 42 FR 55894, Oct. 20, 1977, unless otherwise noted.
41 CFR 114-38.5500 Scope of subpart.
This subpart provides policies and guidelines pertaining to the
acquisition, management, and safe operation of watercraft.
41 CFR 114-38.5501 Definition.
Watercraft means boats and ships collectively, including airboats,
sailboats, and every description of watercraft except seaplanes, which
are:
(a) Used, or capable to being used, as a means of transportation on
water, and
(b) Propelled by machinery whether or not such machinery is the
principle source of propulsion.
41 CFR 114-38.5502 Basic policy.
It is Departmental policy that the acquisition and operation of
watercraft shall, as a minimum, be in compliance with U.S. Coast Guard
Boating Safety Regulations and Standards (33 CFR subchapter S and 46 CFR
part 25). Some of these are included or referenced herein for the
purpose of ensuring that personnel responsible for watercraft are aware
of these requirements. In the event of any conflict, the more stringent
requirement shall apply.
41 CFR 114-38.5503 Official use.
No officer or employee of the Federal Government shall use, or
authorize the use of, any Government-owned or leased watercraft for
other than official purposes as defined in Subpart 114-38.50.
41 CFR 114-38.5504 Responsibility.
The head of each bureau and office having watercraft is responsible
for establishing:
(a) Operating programs and procedures to ensure compliance with this
subpart;
(b) Requirements for records and reports needed for management
purposes.
41 CFR 114-38.5505 Requirements for new watercraft.
When the purchase of new watercraft is contemplated, the head of the
bureau or office shall establish procedures that will ensure compliance
with the following requirements:
(a) Custom-built watercraft in excess of 35 feet long:
Specifications must be reviewed by a qualified marine architect.
(b) Watercraft 26 feet or more in length: Prior compliance with the
provisions of Office of Management and Budget Circular No. A-76.
(c) Watercraft of less than 20 feet in length: Must meet U.S. Coast
Guard flotation standards published in 33 CFR 183 (42 FR 20242) which
shall be mandatory on manufacturers as of August 1, 1978 (must have
sufficient buoyancy to float in an approximately level attitude when
swamped, thus providing a platform from which the occupant(s) can be
rescued).
(d) Any new watercraft: Must meet or exceed U.S. Coast Guard Boating
Safety Regulations for comparable watercraft. (Watercraft subject to
U.S. Coast Guard standards will have a manufacturer's certification
label.)
(e) Engine horsepower rating: Not to be in excess of that
recommended by the hull manufacturer and shown on the capacity marking
label.
(f) Environmental regulations concerning the discharge of waste
materials into navigable waters: Among other things, these regulations
prohibit the use of marine toilets with overboard discharge.
41 CFR 114-38.5506 Modification of other watercraft.
All existing watercraft shall be modified to meet the requirements
for new watercraft except in those instances where such modification is
neither practicable nor economically feasible.
41 CFR 114-38.5507 Identification requirements.
(a) Bureau or office identification shall be conspicuously displayed
on all watercraft except those used in connection with law enforcement
undercover work.
(b) Registered watercraft shall have the registration number
displayed on each side of the bow in accordance with U.S. Coast Guard
Boating Safety Regulations.
(c) All watercraft shall be marked to indicate the maximum horsepower
allowed for propulsion, the maximum permissible number of occupants, and
any other standards for safe loading that may be required to ensure safe
operation.
(d) Emergency flotation information shall be prominently displayed on
each watercraft when it is determined that such information will serve a
useful purpose.
41 CFR 114-38.5508 Training.
(a) The head of each bureau and office having watercraft shall
require that all employees who operate or work in watercraft receive
sufficient first aid instruction to ensure the availability of
artificial respiration in an emergency. Permanent employees shall be
required to take the Standard Red Cross First Aid Course or its
equivalent.
(b) All employees who operate watercraft shall be required to
participate as appropriate, in one or more of the following courses:
(1) U.S. Coast Guard Auxiliary courses in boating safety and
seamanship.
(2) United States Power Squadrons (USPS) Boating Course.
(3) Water safety courses offered by local chapters of the American
National Red Cross.
(4) State boating safety education programs as available.
(5) The ''Skipper's Course.'' a programmed learning text ($1.50 by
mail. Order from the Government Printing Office, P.O. Box 1821,
Washington, D.C. 20013, or from the Consumer Product Information Center,
Pueblo, CO 81009.)
(6) Other bureau-approved courses in boating safety and seamanship.
(c) Employees classified as boat operators should be required to take
the necessary courses and obtain appropriate U.S.C.G. licenses.
41 CFR 114-38.5509 Associated equipment requirements.
(a) Personal flotating devices. (1) Each watercraft shall have
aboard and readily available for the operator and each occupant a
serviceable Personal Flotation Device (PFD) of suitable size and at
least equivalent to Performance Type I, II, or III Personal Flotation
Device as specifed in U.S. Coast Guard Boating Safety Regulations (33
CFR 175) (i.e., designed to keep a person afloat in a vertical or
slightly backward position and having at least 15.5 pounds of buoyancy).
(2) The operator and occupant(s) of any watercraft less than 26 feet
in length shall wear the above PFD when water or weather conditions are
such that there is a possibility of an accident or of a person being
thrown over the side.
(3) Each watercraft 16 feet or more in length shall also be equipped
with at least one Type IV (throwable) Personal Flotation Device.
(b) Distress signaling devices. Each watercraft shall have aboard
distress signaling devices effective for all weather conditions and in
compliance with any regulations issued by the U.S. Coast Guard for that
type watercraft.
(c) Bailing devices and bilge pumps. All watercraft shall carry
suitable and readily available bailing devices, and watercraft of 26
feet or more in length should be equipped with bilge pumps.
(d) Running lights. Each watercraft operated during hours of
darkness shall display lights meeting U.S. Coast Guard requirements for
''Lights required on boats underway between sunset and sunrise''. For
watercraft operated on waters governed by the Inland. Great Lakes, or
Western Rivers Rules of the Road, these requirements are in 46 CFR
27.05. For watercraft operated in international waters, these
requirements are in the 1972 Collision Regulations, 33 CFR Subchapter DD
(42 FR 17111)
(e) Radio. All watercraft operated on open waters should have ship
to shore radio communications capability. For carriage and
authorization of such radio equipment, refer to Part 313 of the
Departmental Manual and the related Radio Communications Handbook.
(f) Navigational aids. Any watercraft operated outside the sight of
land shall be equipped with navigational aids suitable to the mission.
(g) Dead-man's switch. Watercraft frequently used for solo operation
should, wherever possible, be equipped with a device, switch, or line
which would reduce the engine speed to an idle if the operator should
lose control.
(h) Anchor and anchor line. In all waters where anchoring is
reasonably possible, all watercraft (except those capable of being
safely beached) shall be equipped with an anchor and line adequate to
securely anchor the watercraft.
(i) First aid kits. Each watercraft shall carry a readily
identifiable and accessible first aid kit containing at least the same
items listed by the U.S. Coast Guard in 46 CFR 16.041-4.
(j) Compliance checklist. When appropriate to ensure compliance with
State and local regulations, each watercraft should have a compliance
checklist for each State in which that watercraft shall be operated.
Any such checklist should be coordinated with, or developed by, safety
personnel and shall include all required accessories and equipment such
as anchor lights, running lights, and sound warning devices.
41 CFR 114-38.5510 Fire controls.
(a) Every inboard gasoline engine in a watercraft shall be equipped
with a means of backfire flame control acceptable to the U.S. Coast
Guard on the basis of 46 CFR 25.35.
(b) Each gasoline powered inboard and inboard/outdrive watercraft
shall have ventilation systems meeting U.S. Coast Guard regulations (46
CFR part 25).
(c) Each watercraft shall carry, as a minimum, the number and type of
fire extinguishers required by U.S. Coast Guard regulations (46 CFR part
25) for that particular type and size of craft, and such fire
extinguishers shall be maintained and serviced in accordance with the
procedures set forth in Occupational Safety and Health Administration
Standard 29 CFR 1910.157.
41 CFR 114-38.5511 Inspection requirements.
(a) Each watercraft shall be thoroughly inspected at least once
annually to determine that the watercraft is seaworthy and being
maintained in a safe operating condition. Inspections shall be more
frequent in those situations where unusual conditions such as heat,
humidity, or ice may have an effect on the hull or engine. Each
inspection shall be made by qualified personnel, and U.S. Coast Guard
inspection services shall be utilized to the extent they are available.
(b) Each inspection shall include an examination of Personal
Flotation Devices to ensure they are being properly treated and
maintained in a serviceable condition.
(c) All deficiencies affecting seaworthiness or safety shall be
corrected before the watercraft is returned to service.
41 CFR 114-38.5512 Operating requirements.
(a) Watercraft shall be operated at all times with safety as a
primary requirement, and the employee in charge of any watercraft is
responsible for:
(1) Operating the watercraft in a safe manner with due regard to the
safety of its crew, passengers and cargo.
(2) Compliance with the applicable laws and regulations, including
those relating to use for official purposes only;
(3) Reporting all accidents and incidents involving watercraft on
Form DI-134, Report of Accident/Incident, and using Coast Guard Form
CG-3865, Boating Accident Report, to report any accident which results
in the loss of life, injury causing incapacitation in excess of 72
hours, or property damage in excess of $100.
(b) The solo operator of any watercraft shall wear a Personal
Flotation Device.
(c) Airboat operators and occupants shall wear some type of hearing
protection.
(d) The employee in charge of any watercraft with a crew of three or
more (including the captain) shall:
(1) Hold safety meetings at least once each month during the
operating season.
(2) Conduct fire and abandon ship drills at least once each month
during the operating season, and record each drill in the ship's log.
(3) Post, in a conspicuous place, a ''Station Bill'' covering fire
drills, abandon ship drills, man overboard drills, and other emergency
procedures.
41 CFR 114-38.5512 PART 114-40 -- TRANSPORTATION AND TRAFFIC MANAGEMENT
41 CFR 114-38.5512 Subpart 114-40.3 -- Freight Rates, Routes, and Services
41 CFR 114-40.307 Tonnage reports.
In fulfilling the reporting requirements of 41 CFR 101-40.307, it is
recognized that outbound shipments of 100 short tons or more will occur
infrequently. Accordingly, a monthly report will be required only for
the months in which such a shipment is made. This report, when
required, shall be submitted in the form of appendix I, in duplicate, to
reach the Office of Acquisition and Property Management by not later
than the 15th of the month following the month reported. Negative
reports are not required.
(Sec. 205(c), 63 Stat. 390 (5 U.S.C. 301, 40 U.S.C. 486(c)))
(40 FR 5526, Feb. 6, 1975)
41 CFR 114-40.307 PART 114-41 -- AUDIT OF TRANSPORTATION PAYMENTS
41 CFR 114-40.307 Subpart 114-41.3 -- Freight Transportation Services
Furnished for the Account of the United States
Sec.
114-41.304 Exception to the use of U.S. Government bills of lading.
114-41.304-2 Limited authority to use commercial forms and
procedures.
41 CFR 114-40.307 Subpart 114-41.3 -- Freight Transportation Services Furnished for the Account of the United States
41 CFR 114-41.304 Exception to the use of U.S. Government bills of
lading.
(5 U.S.C. 301, sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))
(40 FR 52847, Nov. 13, 1975)
41 CFR 114-41.304-2 Limited authority to use commercial forms and
procedures.
(a) As provided in 205 DM 9, the head of each bureau and office may
authorize the use of commercial forms for small domestic shipments.
FPMR Temporary Regulation G-23 and GSA Bulletin FPMR G-120 set forth the
procedures to be followed in connection with such use.
(5 U.S.C. 301, sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c))
(41 FR 24125, June 15, 1976)
41 CFR 114-41.304-2 PART 114-42 -- PROPERTY REHABILITATION SERVICES AND FACILITIES
41 CFR 114-41.304-2 Subpart 114-42.2 -- Property Rehabilitation Services
Performed by Federal Facilities
Sec.
114-42.203 Notifications.
41 CFR 114-41.304-2 Subpart 114-42.3 -- Recovery of Precious Metals and
Critical Materials
114-42.301 General.
114-42.301-1 Guidelines for conducting intra-agency surveys.
114-42.301-2 Reporting to GSA.
114-42.302 Recovery of silver from used hypo solution and scrap film.
114-42.303 Recovery and utilization of precious metals through the
Defense Precious Metals Recovery Program.
114-42.303-1 Recovery of precious metals through the Defense Property
Disposal Precious Metals Recovery Office (DPDPMRO).
114-42.303-2 Utilization of DOD-recovered precious metals as
Government-furnished material (GFM) in Federal procurements.
Authority: 5 U.S.C. 301 and sec. 205(c), 63 Stat. 390; 40 U.S.C.
486(c).
41 CFR 114-41.304-2 Subpart 114-42.2 -- Property Rehabilitation Services Performed by Federal Facilities
41 CFR 114-42.203 Notifications.
Should any Bureau or Office propose to establish or substantially
expand existing facilities for the repair, maintenance, rehabilitation,
or reclamation of personal property, the details of such proposal should
be embodied in a letter, prepared for the signature of the Assistant
Secretary -- Policy, Budget and Administration and addressed to:
Administrator, General Services Administration (FW), Washington, D.
C. 20406.
The letter should include, as a minimum, all of the information
called for in FPMR 101-42.203(b).
(40 FR 33217, Aug. 7, 1975)
41 CFR 114-42.203 Subpart 114-42.3 -- Recovery of Precious Metals and
Critical Materials
Source: 40 FR 40517, Sept. 3, 1975, unless otherwise noted.
41 CFR 114-42.301 General.
The head of each bureau and office is responsible for establishing
and pursuing a program for recovery of precious metals and critical
materials in accordance with the provisions of FPMR 101-42.3.
41 CFR 114-42.301-1 Guidelines for conducting intra-agency surveys.
(a) An annual survey shall be conducted at each installation,
facility, or activity that generates used hypo solution, scrap film, or
other precious metal-bearing scrap, and which has no precious metal
recovery program, to determine the economic feasibility of implementing
recovery procedures. The results of the survey should be recorded in
the format illustrated in FPMR 101-42.4901, and a copy forwarded to the
Director, Office of Acquisition and Property Management.
(b) Each bureau and office having an existing or potential precious
metal recovery program shall designate an individual to be responsible
for coordinating the surveys, implementing recovery procedures,
monitoring recovery programs, and submitting the consolidated annual
report prescribed in 114-42.301-2. A notice of such designation shall be
submitted to the Director, Office of Acquisition and Property
Management.
41 CFR 114-42.301-2 Reporting to GSA.
Within 25 calendar days after the close of each fiscal year, and
using the format illustrated in FPMR 101-42.4902, each bureau and office
shall submit a consolidated annual report to the Office of Acquisition
and Property Management for Departmental consolidation and submission to
the General Services Administration.
41 CFR 114-42.302 Recovery of silver from used hypo solution and scrap
film.
The head of each bureau and office is responsible for establishing,
maintaining, and pursuing a program for silver recovery from used hypo
solution and scrap film in accordance with the procedures set forth in
FPMR 101-42.302.
114-42.303 Recovery and utilization of precious metals through the
Defense Precious Metals Recovery Program.
41 CFR 114-42.303-1 Recovery of precious metals through the Defense
Property Disposal Precious Metals Recovery Office (DPDPMRO).
Each bureau and office generating precious metal-bearing scrap and
having no disposal facility should establish procedures for reporting
accumulations of such scrap to DPDPMRO, and for sending GSA a copy of
each such report in accordance with FPMR 101-42.303-1.
41 CFR 114-42.303-2 Utilization of DOD-recovered precious metals as
Government-furnished material (GFM) in Federal procurements.
Prior to the procurement of any precious metal, consideration should
be given to the acquisition of such material through the procedures set
forth in FPMR 101-42.303-2.
41 CFR 114-42.303-2 PART 114-43 -- UTILIZATION OF PERSONAL PROPERTY
Sec.
114-43.000 Scope of part.
114-43.001 Definitions.
114-43.001-50 Available personal property.
114-43.001-51 Reportable personal property.
114-43.001-52 Nonreportable personal property.
41 CFR 114-42.303-2 Subpart 114-43.1 -- General Provisions
114-43.101 Surveys.
114-43.102 Reassignment of property within executive agencies.
114-43.102-50 Holding bureau utilization.
114-43.102-51 Screening nonreportable available property.
114-43.102-52 Screening reportable available property.
114-43.102-53 Documentation of transfers.
41 CFR 114-42.303-2 Subpart 114-43.3 -- Utilization of Excess
114-43.301 Federal Government procedure.
114-43.301-50 Economic considerations.
114-43.302 Agency responsibility.
114-43.306 Property not required to be reported.
114-43.311 Reporting requirements.
114-43.311-1 Reporting.
114-43.315 Transfers of excess property.
114-43.315-2 Information of availability.
114-43.315-3 Fair value reimbursement.
114-43.315-5 Procedure for effecting transfers.
114-43.316 Contractor inventory.
114-43.317 Costs and proceeds.
114-43.317-1 Cost of care and handling.
114-43.319 Use of excess property on cost-reimbursement type
contracts.
114-43.320 Use of excess property on grants.
41 CFR 114-42.303-2 Subpart 114-43.4 -- Utilization of Abandoned and
Forfeited Personal Property
114-43.402 Forfeited or voluntarily abandoned property.
114-43.402-4 Retention by holding agency.
41 CFR 114-42.303-2 Subpart 114-43.47 -- Reports
114-43.4701 Performance reports.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 43 FR 11577, Mar. 20, 1978, unless otherwise noted.
41 CFR 114-43.000 Scope of part.
The provisions of this part are applicable to all personal property
except:
(a) Automatic data processing equipment and supplies, and
(b) Books, periodicals, other publications, and related material.
41 CFR 114-43.001 Definitions.
41 CFR 114-43.001-50 Available personal property.
Available personal property means any personal property that is no
longer needed by the holding activity, and is available for use by other
Interior activities.
41 CFR 114-43.001-51 Reportable personal property.
Reportable personal property means any personal property that has
been determined to be excess to the needs of the Department of the
Interior and is required to be reported to the General Services
Administration.
41 CFR 114-43.001-52 Nonreportable personal property.
Nonreportable personal property means any personal property that has
been determined to be excess to the needs of the Department of the
Interior and is not required to be reported to the General Services
Administration except for sale purposes.
41 CFR 114-43.001-52 Subpart 114-43.1 -- General Provisions
41 CFR 114-43.101 Surveys.
The head of each Bureau and Office shall ensure that all personal
property held by each Accountable Officer under his jurisdiction is
continuously examined to determine that which is ''available'' and shall
promptly facilitate the transfer of property so identified as provided
in this part. Although the system which will best serve as a means of
identifying unneeded property may vary between bureaus, or between
offices within a bureau, it should include provisions for:
(a) Periodically reviewing stores and equipment records to identify
items which may be on hand in excess of program requirements.
(b) Periodically reviewing and evaluating equipment utilization
reports and physical inventories of nonexpandable property to identify
idle or unneeded property.
41 CFR 114-43.102 Reassignment of property within executive agencies.
Available personal property shall be screened against Department of
the Interior needs in accordance with this section before it is
determined to be excess. The authority to reassign or to transfer
available personal property has been delegated to heads of bureaus and
offices in 205 DM 9.
41 CFR 114-43.102-50 Holding bureau utilization.
Each Bureau and Office holding available personal property (see
definition in IPMR 114-43.001-50) shall ensure that its own offices are
afforded an opportunity to utilize such property either prior to or
simultaneously with circularization to other Bureaus and Offices of the
Department.
41 CFR 114-43.102-51 Screening nonreportable available property.
(a) Nonreportable available property should not be routinely
circularized within the Department except in those instances where the
holding office has reason to believe there may be general interest in
the property. Instead, the holding office should make the availability
of nonreportable property known to other Interior offices, and other
Federal agencies in the area, to the extent the nature, amount, and
condition of such property warrants. Often a telephone call to Federal
agencies in the area may be all that is required to support a finding of
excess and surplus.
(b) When no further Federal utilization is found for nonreportable
personal property, a determination of surplus shall be made in writing
and made a part of the disposal file. Surplus nonreportable property
shall be processed for disposal in accordance with applicable provisions
of FPMR 101-44 and 101-45.
41 CFR 114-43.102-52 Screening reportable available property.
Reportable available personal property shall be circularized to other
Interior offices within a reasonable transport distance unless its
nature, condition, or location virtually precludes economical
utilization by such offices. Copies of available personal property
listings shall also be sent to other Interior offices in accordance with
listings provided by the Office of Acquisition and Property Management.
Property not utilized by other Interior activities shall then be
determined to be excess to the needs of the Department of the Interior
and promptly reported to the appropriate GSA regional office in
accordance with FPMR 101-43.311. The excess determination should be
evidenced in writing and made a part of the disposal file.
41 CFR 114-43.102-53 Documentation of transfers.
Property disposed of by transfer to another Accountable Officer
within the holding bureau, to other bureaus of the Department of the
Interior, and to other Federal agencies shall be recorded on Transfer of
Property Form DI-104, or a modification thereof, to provide a document
of entry to property records and accounts. Sufficient copies of the
transfer document should be prepared, signed, and distributed to satisfy
the property and accounting requirements of both the transferor and the
transferee offices.
41 CFR 114-43.102-53 Subpart 114-43.3 -- Utilization of Excess
41 CFR 114-43.301 Federal Government procedure.
The objective of the policy that excess property is the first source
of supply is to obtain effective and economical utilization of property
already owned by the Federal Government. Effective and economical
utilization can be determined only through evaluation of use and costs,
and excess property may be acquired only when there is such an
evaluation and:
(a) The property is needed to meet the known requirements of an
authorized planned program; and
(b) Funds are available for the costs of acquisition and for the
costs of repair or modification needed to comply with the minimum
standards established by the Occupational Safety and Health Act of 1970
(84 Stat. 1590), as amended.
41 CFR 114-43.301-50 Economic considerations.
The head of each bureau and office is responsible for establishing
procedures to ensure that excess property is not acquired unless there
has been a determination that such acquisition is practicable and
economically feasible. Such a determination requires consideration of
the costs involved, including the costs of transportation, handling, and
storage. When the proposed acquisition involves any type of machinery
or equipment, consideration shall also be given to the following
factors:
(a) The duration of the program and the frequency of use to determine
any economic advantage of ownership versus loan or rental; and
(b) The nature of any repairs, modifications, and additional
accessorial equipment required to bring the item up to the minimum
standards of the Occupational Health and Safety Act, and the total costs
involved.
41 CFR 114-43.302 Agency responsibility.
(a) When excess personal property is acquired and made available for
use on cost-reimbursement type contracts (as defined in FPR 1-3.405),
title remains vested in the Government. The office administering the
contract is responsible for ensuring that appropriate accounting and
property accountability records are established and maintained. When
such property is no longer needed for the contract, it shall be
reassigned or disposed of in accordance with FPMR 101-43.319.
41 CFR 114-43.306 Property not required to be reported.
Personal property that is not reportable to GSA as excess (see
114-43.001-52) shall be reported to the appropriate GSA regional office
for donation or sale.
41 CFR 114-43.311 Reporting requirements.
41 CFR 114-43.311-1 Reporting.
In accordance with 205 DM 9, the head of each bureau and office is
authorized to report to the General Services Administration any personal
property that has been determined to be excess to the needs of the
Department. Prior to any such determination of excess:
(a) Available ADP equipment will be referred to the Office of ADP
Management in accordance with 306 DM 5;
(b) Available aircraft will be referred to the Office of Aircraft
Services in accordance with procedures established by that office;
(c) All types of books, periodicals, other publications, and related
material will be referred to the Office of Library and Information
Services in accordance with procedures established by that office;
(d) All other available personal property will be screened against
Departmental needs in accordance with 114-43.102.
41 CFR 114-43.315 Transfers of excess property.
The authority to transfer excess personal property to and from other
Federal agencies has been delegated to the Heads of Bureaus and Offices
in 205 DM 9.
41 CFR 114-43.315-2 Information of availability.
Bureaus and Offices are encouraged to use GSA Form 1539 to make their
needs for major or large equipment items known to GSA. Consideration of
the use of excess property should not be limited to that which has been
circularized by GSA as available for transfer. For example, the need for
equipment items should be made known to GSA well in advance to provide
the greatest opportunity to locate equipment which (a) is currently
available from excess sources or (b) may be available, but has not been
declared excess or circularized as available for utilization.
41 CFR 114-43.315-3 Fair value reimbursement.
Transfers of available property within the Department of the Interior
shall be made without exchange of funds, except that:
(a) The disposing Bureau or Office may elect to receive reimbursement
at the GSA fair value where the property involved is reimbursable by
law, unless such requirement for reimbursement can be satisfied or
equitably avoided through appropriate accounting procedures.
(b) The receiving Bureau or Office shall pay the GSA fair value in
all instances where the property being acquired will be carried in
accounts, disposals from which are reimbursable.
41 CFR 114-43.315-5 Procedure for effecting transfers.
In accordance with FPMR 101-43.315-5, certain categories of any
excess personal property may be transferred to other Federal agencies
without prior GSA approval; however, such property may not be
transferred until Departmental screening requirements have been met and
no other Interior activity has indicated a need for the property.
41 CFR 114-43.316 Contractor inventory.
(a) Before a contractor or subcontractor is authorized to retain or
dispose of contractor inventory:
(1) The property must first be determined excess to Department of the
Interior needs in accordance with IPMR 114-43.102.
(2) The types of property covered by FPMR 101-43.316-1(a) (1) through
(8) must be determined surplus to all Federal agency needs.
(b) An equitable settlement must be made for any property retained by
a contractor.
(c) When a contractor is authorized to dispose of contractor
inventory by sale, such sale shall be by the competitive bid method, the
bid price shall be approved by the contracting officer or his
representative prior to award, and the proceeds shall be credited to the
United States.
(d) Transfers of contractor inventory within the Department shall be
without exchange of funds in all instances where any proceeds would be
for deposit in miscellaneous receipts. Where the proceeds would be
deposited otherwise, the extent of reimbursement will be determined by
the disposing office, but in no case will it exceed the estimated fair
market value of the property.
41 CFR 114-43.317 Costs and proceeds.
41 CFR 114-43.317-1 Costs of care and handling.
The acquiring office should not be billed for direct costs of
transfers between Department of the Interior activities unless such
costs are in excess of $100.00, and then only when the regional or
finance office of the holding activity determines that reimbursement is
necessary.
41 CFR 114-43.319 Use of excess property on cost-reimbursement type
contracts.
Bureaus and Offices are responsible for determining the use of excess
personal property in their cost-reimbursement type contracts in
accordance with FPMR 101-43.302, for establishing a system of
accountability for such property, and for the ultimate reassignment or
disposition of the property.
41 CFR 114-43.320 Use of excess property on grants.
Pub. L. 94-519 amended the Federal Property and Administrative
Services Act of 1949 to prohibit Federal agencies from furnishing excess
personal property for the use of grantees except under the terms and
conditions set forth in FPMR 101-43.320. When it is determined that it
will be advantageous to meet these terms and conditions, the sponsoring
bureau/office shall establish written procedures that will insure full
compliance with FPMR 101-43.320. The Office of Acquisition and Property
Management shall be furnished a copy of these written procedures, and
shall also be sent a copy of each transfer order submitted to GSA for
excess personal property to be made available to a project grantee.
41 CFR 114-43.320 Subpart 114-43.4 -- Utilization of Abandoned and
Forfeited Personal Property
114-43.402 Forfeited or voluntarily abandoned property.
41 CFR 114-43.402-4 Retention by holding agency.
(c) A passenger automobile larger than a compact may be retained only
with the prior approval of the Assistant Secretary -- Policy, Budget,
and Administration.
41 CFR 114-43.402-4 Subpart 114-43.47 -- Reports
41 CFR 114-43.4701 Performance reports.
(a) The following supplemental instructions shall be followed in the
preparation and submission of the annual report of the utilization of
domestic excess personal property.
(1) Property excepted from reporting. The following transactions
should not be included in the Standard Form 121 report:
(i) Transfers and sales of personal property made pursuant to the
Exchange/Sale authority in section 201(c) of the Federal Property and
Administrative Services Act of 1949, as amended.
(ii) Destruction, abandonment, or reduction to scrap of property as a
result of board of survey action if such property was not, in fact,
first determined to be excess or surplus. However, the proceeds from
sales of all scrap should be reported on Line 11.
(2) Preparation of Standard Form 121.
Line 1. Reassigned within reporting agency. For the purposes of
this report, the major organizational components of this Department are
its Bureaus and Offices and it would not be feasible to report
reassignments within these major components. Only transfers to other
Bureaus and Offices should be reported.
Line 2. Include, as property not reported to GSA on Standard Form
120, all non-reportable items made available to GSA and State Surplus
Property Agencies. Do not include property previously declared excess
which was withdrawn for use within the reporting bureau or office.
Line 3. Do not include transfers to another Bureau or Office in the
Department of the Interior.
Lines 4 and 5. Property expended to scrap and abandoned or
destroyed. Property reported on these lines shall have been processed
in accordance with Board of Survey procedures in 114-60.9 of this
chapter.
Line 6. Donated to public bodies. Report only property donated
under the provisions of 101-44.5 of this title, and include property
donated to any Indian tribe as a public body.
Line 7. Other donations. Any entry on this line must be fully
explained and justified.
(3) Submission of Standard Form 121. A consolidated report for each
bureau and office shall be submitted, in duplicate, to the Director,
Office of Acquisition and Property Management, within 45 calendar days
after the close of each fiscal year. Negative reports are required.
(b) The annual report of the utilization of foreign excess property
shall be submitted to the Director, Office of Acquisition and Property
Management, within 60 calendar days after the close of each fiscal year.
Negative reports are required and may be submitted in memorandum form
in lieu of Standard Form 365.
(c) The annual report of personal property furnished to non-Federal
recipients shall be submitted to the Director, Office of Acquisition and
Property Management, within 60 calendar days after the close of each
fiscal year. Negative reports are required.
41 CFR 114-43.4701 PART 114-44 -- DONATION OF PERSONAL PROPERTY
41 CFR 114-43.4701 Subparts 114-44.1 -- 114-44.6 (Reserved)
41 CFR 114-43.4701 Subpart 114-44.7 -- Donations of Property to Public
Bodies
Sec.
114-44.701 Findings justifying donation to public bodies.
114-44.701-1 General.
114-44.701-2 Reviewing authority.
114-44.701-50 Removal of identification markings.
41 CFR 114-43.4701 Subparts 114-44.8 -- 114-44.46 (Reserved)
41 CFR 114-43.4701 Subpart 114-44.47 -- Reports
114-44.4701 Reports.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 43 FR 11580, Mar. 20, 1978, unless otherwise noted.
41 CFR 114-43.4701 Subparts 114-44.1 -- 114-44.6 (Reserved)
41 CFR 114-43.4701 Subpart 114-44.7 -- Donations of Property to Public Bodies
41 CFR 114-44.701 Findings justifying donation to public bodies.
41 CFR 114-44.701-1 General.
(a) The findings specified in FPMR 101-44.501-1(a) shall be
documented in the form of an approved Report of Survey (see IPMR
114-60.9). The term ''public body'' includes Indian tribes.
41 CFR 114-44.701-2 Reviewing authority.
All disposals under FPMR 114-44.7 are subject to approval by a
reviewing authority in accordance with IPMR 114-60.9.
41 CFR 114-44.701-50 Removal of identification markings.
When property is donated to a non-Federal public body, all
identification markings which indicate that the property was previously
owned by the Federal Government shall be removed prior to release to the
donee.
41 CFR 114-44.701-50 Subparts 114-44.8 -- 114-44.46 (Reserved)
41 CFR 114-44.701-50 Subpart 114-44.47 -- Reports
41 CFR 114-44.4701 Reports.
(a) The annual report of the donation of surplus personal property
shall be prepared and submitted in the same manner as the annual report
of the utilization of domestic excess personal property (see
114-43.4701(a)). The reports shall be combined.
(b) The annual report of the donation of foreign excess property
shall be prepared and submitted in the same manner as the annual report
of the utilization of foreign excess property (see 114-43.4701(b)). The
reports shall be combined whenever practicable.
41 CFR 114-44.4701 PART 114-45 -- SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL PROPERTY
41 CFR 114-44.4701 Part 114-45
Sec.
114-45.000 Scope of part.
41 CFR 114-44.4701 Subpart 114-45.1 -- General
114-45.1 General.
114-45.105-3 Exemptions.
41 CFR 114-44.4701 Subpart 114-45.3 -- Sale of Personal Property
114-45.302 Sale to Government employees.
114-45.303 Reporting property for sale.
114-45.303-3 Delivery.
114-45.304 Sales methods and procedures.
114-45.304-2 Negotiated sales and negotiated sales at fixed prices.
114-45.304-6 Reviewing authority.
114-45.304-9 Credit.
114-45.316 Report on identical bids.
114-45.316-2 Reporting requirements and procedures.
114-45.317 Noncollusive bids and proposals.
114-45.317-50 Compliance review.
41 CFR 114-44.4701 Subpart 114-45.5 -- Abandonment or Destruction of
Surplus Property
114-45.501 Findings justifying abandonment or destruction.
114-45.501-1 General.
114-45.501-2 Reviewing authority.
114-45.504 Abandonment or destruction without notice.
114-45.506 Abandonment or destruction of expendable property.
41 CFR 114-44.4701 Subpart 114-45.6 -- Debarred and Suspended Bidders
114-45.603 Notice of department or suspension.
41 CFR 114-44.4701 Subpart 114-45.8 -- Mistakes in Bids
114-45.803 Other mistakes disclosed before award.
114-45.804 Mistakes disclosed after award.
41 CFR 114-44.4701 Subpart 114-45.47 -- Reports
114-45.4701 Performance reports.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 43 FR 11580, Mar. 20, 1978, unless otherwise noted.
41 CFR 114-45.000 Scope of part.
(a) This part applies to disposal by public sale, abandonment, or
destruction of personal property under the jurisdiction of Bureaus and
Offices of the Department of the Interior (including scrap, salvage, and
waste material) when such property is no longer needed for use in
authorized Federal agency programs or is replaced with a similar type of
property. It applies to personal property located in the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Trust Territory of the Pacific
Islands.
(b) This part does not apply to:
(1) Foreign excess personal property or,
(2) Properties which are sold or otherwise disposed of pursuant to
special statutes authorizing, directing, or requiring the Department of
the Interior to dispose of specific properties such as helium, maps,
electrical power, irrigation and municipal water, trust properties of
the Bureau of Indian Affairs, and other properties which are disposed of
in furtherance of Interior programs, except as provided in IPMR
114-45.316 and 114-45.317.
41 CFR 114-45.000 Subpart 114-45.1 -- General
41 CFR 114-45.1 General.
41 CFR 114-45.105-3 Exemptions.
(a) Negotiated sales of special protective clothing and equipment
such as prescription safety glasses, diver's wet suits, and safety toe
shoes and boots may be made under the following circumstances:
(1) Clothing or equipment was designed or purchased for use by a
specific employee under 5 U.S.C. 7903.
(2) Employee is separated or is transferred to a function where the
special items are no longer required.
(3) Proceeds from sale are under $100.
(4) Competition is obtained to the extent possible under the
circumstances.
(b) Each sale conducted under 114-45.105(a) will be reported to the
GSA Regional Office having jurisdiction over the area where the sale was
conducted. The report will be made on an annual basis and will include
the date of sale, type of property involved, the original acquisition
cost, the proceeds, and the purchaser's name.
(c) Sale value will be determined as follows:
(1) The sale value of prescription ground safety glasses will be
established by a depreciation factor of 40 percent, of original
acquisition cost, for each full year of use. The minimum sale value
will be 20 percent of the original acquisition cost.
(2) The sale value of other protective clothing and equipment will be
established by a depreciation factor of 10 percent, of original
acquisition cost, for each full calendar quarter of use. The minimum
sale value will be 20 percent of the original acquisition cost.
(d) Any request seeking an exemption from the provisions of FPMR Part
101-45 in accordance with FPMR 101-45.105-3(a), shall be prepared for
the signature of the Assistant Secretary -- Policy, Budget, and
Administration, and include full particulars which tend to justify the
exemption.
(43 FR 42751, Sept. 21, 1978)
41 CFR 114-45.105-3 Subpart 114-45.3 -- Sale of Personal Property
41 CFR 114-45.302 Sale to Government employees.
While not unlawful, sales of personal property to Federal employees
tend to give rise to the question in the public mind as to whether all
prospective bidders are really on equal footing. What is feared is not
so much collusion or overtly dishonest practices, as that the Federal
employee, through his prior use of the property, or close associations
with those familiar with the property, is in a somewhat more
advantageous position than the member of the general public in making
his bid. In this regard, therefore, all sales of personal property
within the Department will be subject to the following requirements:
(a) Subject to the provisions of IPMR 114-45.302(b) and 114-45.302(
c), Federal employees will be eligible to bid only on:
(1) Such surplus personal property as was reported to the General
Services Administration as excess and found to be surplus by that agency
without regard to whether the sale is conducted by GSA or by the holding
Bureau. However, except as otherwise provided in IPMR 114-45.302(d),
Federal employees will always be permitted to bid on such surplus
personal property.
(2) Motor vehicles and other personal property being sold for
replacement purposes pursuant to the Exchange/Sale authority found in
section 201(c) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 481(c)): Provided, That such property
meets prescribed replacement standards.
(b) Personal property may be sold to Federal employees only by the
publicly advertised sealed bid or public auction sales methods.
(c) Notices of Public Auction and Invitation to Bid will state the
extent to which Federal employees are eligible to bid, and provide that
any Federal employee submitting a bid identify himself, his organization
and position.
(d) Awards shall not be made to:
(1) Any employee of the holding Bureau or Office who served on a
Board of Survey with regard to property being sold, determined that it
was no longer needed, or is connected directly with any aspect of the
sale, or
(2) Any Federal employee whose past association with the property
being sold has been such that he might reasonably be considered to be
bidding from an advantageous position.
(e) The provisions of IPMR 114-45.302 are applicable to Federal
employees and to members of their immediate families, specifically the
spouses and children of such employees.
41 CFR 114-45.303 Reporting property for sale.
41 CFR 114-45.303-3 Delivery.
(a) All identification markings which indicate that the property was
previously owned by the Government shall be removed prior to release to
the purchaser. U.S. Government tags shall be removed from motor
vehicles, trailers, or other equipment bearing such tags prior to
release to purchasers.
(b) Standard Form 97, the U.S. Government Certificate of Release of a
Motor Vehicle, will be executed by the agency conducting the sale of the
vehicle. When executed by an office of the Department of the Interior,
the certificate will be numbered prior to release to the individual
purchasing the vehicle, otherwise it will not be honored by the State
motor vehicle agency. Such number may be assigned by the issuing office
at the time of preparation, or the forms may be prenumbered at the
bureau, regional, or area office level at the discretion of the head of
each Bureau and Office. Stocks of Standard Form 97 must be controlled
so as to ensure against blank copies being obtained by unauthorized
personnel.
41 CFR 114-45.304 Sales methods and procedures.
41 CFR 114-45.304-2 Negotiated sales and negotiated sales at fixed
prices.
(a) Should any Bureau or Office propose to negotiate a sale of
surplus personal property which, if disposed of by advertising, might
cause such an impact on industry as to adversely affect the national
economy, a statement of the circumstances justifying sale by negotiation
shall be submitted to the Assistant Secretary -- Policy, Budget and
Administration, for consideration and transmittal to the General
Services Administration.
(b) Explanatory statements required to be submitted to the General
Services Administration for transmittal to the committees of the Senate
and House of Representatives pursuant to FPMR 101-45.304-2(c) shall be
prepared following the outline shown in FPMR 101-45.4919. Such
statements shall be submitted as attachments to a transmittal letter
addressed to the Administrator, General Services Administration,
Washington, D.C. 20405, prepared for the signature of the Assistant
Secretary -- Policy, Budget, and Administration.
41 CFR 114-45.304-6 Reviewing authority.
For purposes of this section, a reviewing authority may not be lower
than the regional, area, or State Director.
41 CFR 114-45.304-9 Credit.
Requests for approval to offer to sell personal property on credit
shall be addressed to the Administrator, General Services
Administration, Washington, D.C. 20405, and be prepared for the
signature of the Assistant Secretary -- Policy, Budget and
Administration. Each request should include a brief explanation of the
proposed terms and conditions of sale.
41 CFR 114-45.316 Report on identical bids.
41 CFR 114-45.316-2 Reporting requirements and procedures.
(a) The reporting requirements specified in 41 CFR 101-45.316-2 are
applicable to all sales of Government-owned personal property made on a
competitive basis, including program sales made pursuant to special
statutes authorizing the Secretary of the Interior to sell specific
items of personal property.
(b) Reports on identical bids required by 41 CFR 101-45.316-2 shall
be submitted by the head of Bureaus and Offices directly to the Attorney
General. A copy of the transmittal letter and a copy of the abstract of
bids shall be furnished to the Director of Administrative and Management
Policy (PM).
41 CFR 114-45.317 Noncollusive bids and proposals.
(a) Certificate of independent price determination. A certificate of
independent price determination shall be required with each bid or offer
for the purchase of personal property, except where the price is fixed
in advance of sale pursuant to law or regulation.
(1) The certificate of independent price determination clause
contained in Condition No. 20 of the General Sale Terms and Conditions,
Standard Form 114C, shall be included in all invitations for bids and
requests for quotations on Government sales of personal property and
shall be submitted with sealed bids and written quotations submitted in
response thereto.
(2) Auction and Spot Bid Sales. Bureaus and Offices conducting sales
of Government property by the auction or spot bid methods shall include
an appropriate provision in the sales notice which will put the
successful bidder on notice that he will be required, as a condition of
award, to sign a certificate to the effect that ''the bid was arrived at
by the bidder or offeror independently, and was tendered without
collusion with any other bidder or offeror.''
(3) The requirement for a certificate of independent price
determination applies to sales of surplus personal property and to
program sales made pursuant to special statutes as referred to in IPMR
114-45.316-2(a).
(b) The authority to make the determinations referred to in 41 CFR
101-45.317(b) is vested in the heads of Bureaus and Offices and may not
be redelegated.
(c) Reporting suspected antitrust violations: Whenever any Bureau or
Office has factual information leading it to believe or suspect that
bids received in response to a sales offering evidence collusion on the
part of two or more bidders designed to eliminate competition, full
particulars shall be submitted to the Solicitor for consideration and
possible referral to the Attorney General. This submission should
include a summary of the pertinent facts concerning the reported case
and in the case of a formally advertised sale, a copy of the Invitation
for Bids, the Abstract of Bids, and the Bid of the bidder(s) suspected
of irregular practices; the name of the successful bidder and reason
why the award was made to him; and any other information available
which might tend to establish possible violation of the antitrust laws.
Reports required by this paragraph are in addition to and not in lieu of
the identical bid reports required by IPMR 114-45.316-2(b).
(1) Reporting procedure: Reports of suspected antitrust violations
should be transmitted to the Solicitor in the following format:
Assistant Attorney General,
Antitrust Division, Department of Justice, Washington, D.C. 20530.
Dear Sir: We transmit to you a case where bids received in response
to invitation No. ---- for (item(s) description), to be sold (sale
date), were opened by (selling bureau or office and location) on
------------ , 19 -- . Evidence of collusion or other conduct in
violation of antitrust laws is herewith reported as follows:
Award was made to ------------ . (In the next sentence explain the
method by which the successful bidder was selected, i.e., high bidder,
etc., unless all bids were rejected and the sale effected by
readvertisement or negotiation, in which case, furnish details.)
Sincerely yours,
-------------------- ,
Solicitor.
Enclosure:
(2) The following copies are required:
(i) Original on ''Office of the Solicitor'' stationery;
(ii) Shadow copy to accompany the original on letterhead tissue;
(iii) White surname box copy on letterhead tissue;
(iv) White letterhead tissue copy to be marked ''Docket Copy'';
(v) White letterhead tissue copy to be marked ''Director of
Administrative and Management Policy''; and
(vi) Other information copies as may be required by the Bureau or
Office.
41 CFR 114-45.317-50 Compliance review.
The head of each Bureau and Office engaged in programs which involve
the conduct of sales of Government property shall install an appropriate
monitoring system at the headquarters office level to insure compliance
with these reporting requirements and procedures.
41 CFR 114-45.317-50 Subpart 114-45.5 -- Abandonment or Destruction of Surplus Property
41 CFR 114-45.501 Findings justifying abandonment or destruction.
41 CFR 114-45.501-1 General.
The findings specified in FPMR 101-45.501-1 shall be documented in
the form of an approved Report of Survey.
41 CFR 114-45.501-2 Reviewing authority.
For purposes of FPMR 101-45.501-2, a reviewing authority shall be the
same as specified in IPMR 114-44.701-2.
41 CFR 114-45.504 Abandonment or destruction without notice.
(a) Findings justifying abandonment or destruction of personal
property without public notice shall be made by a Board of Survey or
Survey Officer and approved by an appropriate reviewing authority. (See
IPMR 114-60.9)
41 CFR 114-45.506 Abandonment or destruction of expendable property.
Destruction of expendable property will be governed by the following:
(a) Serviceable property. Serviceable items of expendable property
may be destroyed only when the requirements of IPMR 114-60.9 have been
met.
(b) Unserviceable property. Expendable items of property which have
been rendered unserviceable through normal use may be destroyed without
survey action and without public notice provided the items clearly have
no scrap or salvage value.
(c) Scrap and salvage. Scrap and salvaged items of expendable
property may be destroyed only when the requirements of IPMR 114-60.9
have been met.
41 CFR 114-45.506 Subpart 114-45.6 -- Debarred and Suspended Bidders
41 CFR 114-45.603 Notice of debarment or suspension.
Determination to debar or suspend a firm or individual for a cause or
condition for a specified period of time as provided in FPMR 101-45.6
shall be made by the Assistant Secretary -- Policy, Budget, and
Administration. Whenever cause for debarment or suspension becomes
known to the head of a Bureau or Office, or a sales or contracting
officer thereof, the matter shall be submitted with the recommendations
of the head of the Bureau or Office, to the Assistant Secretary --
Policy, Budget and Administration, who will take all actions required by
FPMR 101-45.603.
41 CFR 114-45.603 Subpart 114-45.8 -- Mistakes in Bids
41 CFR 114-45.803 Other mistakes disclosed before award.
(a) The Director, Office of Acquisition and Property Management, is
authorized to make the determinations contemplated by 41 CFR 101-45.803.
This authority may not be redelegated.
(b) Each proposed determination shall be approved by the Solicitor,
an Associate Solicitor, or comparable legal officer of the Department
before it becomes effective.
(c) Where a bidder furnished evidence in support of an alleged
mistake in bid, the case shall be referred to the Director, Office of
Acquisition and Property Management for determination. The referral
shall include the documents and data specified in 41 CFR 101-45.803(d)(
3).
(d) The Office of Acquisition and Property Management shall maintain
case file records of all administrative determinations made in
accordance with 41 CFR 101-45.803. A copy of the determination shall be
attached to each copy of any contract rescission or reformation
resulting therefrom.
41 CFR 114-45.804 Mistakes disclosed after award.
(a) The Director, Office of Acquisition and Property Management, is
authorized to make the determination contemplated by 41 CFR 101-45.804.
This authority may not be redelegated.
(b) Each proposed determination shall be approved by the Solicitor,
an Associate Solicitor, or comparable legal officer of the Department
before it becomes effective.
(c) Where a bidder furnishes evidence in support of an alleged
mistake in bid, the case shall be referred to the Director of
Administrative and Management Policy (PM) for determination. The
referral shall include the documents and data specified in 41 CFR
101-45.804(f)(2).
(d) The Office of Acquisition and Property Management shall maintain
case file records of all administrative determinations made in
accordance with CFR 101-45.804. A copy of the determination shall be
attached to each copy of any contract rescission or reformation
resulting therefrom.
41 CFR 114-45.804 Subpart 114-45.47 -- Reports
41 CFR 114-45.4701 Performance reports.
(a) The annual report of the sale or other disposition of surplus
personal property shall be prepared and submitted in the same manner as
the annual report of the utilization of domestic excess personal
property (see 114-43.4701(a)). The reports shall be combined whenever
practicable.
(b) The annual report of the sale or other disposition of foreign
excess property shall be prepared and submitted in the same manner as
the annual report of the utilization of foreign excess property (see
114-43.4701(b)). The reports shall be combined whenever practicable.
41 CFR 114-45.4701 PART 114-46 -- UTILIZATION AND DISPOSAL OF PERSONAL PROPERTY PURSUANT TO EXCHANGE/SALE AUTHORITY
41 CFR 114-45.4701 Subpart 114-46.2 -- Authorization
Sec.
114-46.202 Restrictions and limitations.
41 CFR 114-45.4701 Subpart 114-46.3 -- Transfer and Exchange Between
Federal Agencies
114-46.301 Agency responsibility.
41 CFR 114-45.4701 Subpart 114-46.4 -- Disposal
114-46.400 Scope of subpart.
114-46.407 Reports.
114-46.4902 Exchange/sale category list.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 43 FR 11582, Mar. 20, 1978, unless otherwise noted.
41 CFR 114-45.4701 Subpart 114-46.2 -- Authorization
41 CFR 114-46.202 Restrictions and limitations.
(a) Basic responsibility for compliance with 41 CFR part 101-46 rests
with Bureaus and Offices. Consistent with Departmental financial
management practices, Bureaus and Offices should establish procedures to
provide adequate management control and documentation of exchange/ sale
transactions.
41 CFR 114-46.202 Subpart 114-46.3 -- Transfer and Exchange Between Federal Agencies
41 CFR 114-46.301 Agency responsibility.
Property available for exchange or sale pursuant to section 201(c) of
the Federal Property and Administrative Services Act of 1949, as
amended, is not ''available'' property as defined in IPMR 114-43.104-50,
nor does it become excess or surplus. For purposes of Departmental
screening, however, the holding office of such property should apply
within the Department the same utilization and transfer requirements as
FPMR 101-46.3 requires be applied with other Federal agencies.
41 CFR 114-46.301 Subpart 114-46.4 -- Disposal
41 CFR 114-46.400 Scope of subpart.
Personal property being replaced pursuant to the exchange/sale
authority found in 40 U.S.C. 481(c), shall be reported to the
appropriate regional office of the General Services Administration for
sale purposes in accordance with this FPMR 101-46.400 in the following
instances:
(a) The Bureau or Office has determined that disposal by outright
sale is in the best interest of the Government in accordance with FPMR
101-46.402, or
(b) When the General Services Administration is handling the
procurement of the replacement property.
41 CFR 114-46.407 Reports.
The report on exchange/sale transactions shall be prepared in
accordance with FPMR 101-46.407 and submitted to the Office of
Acquisition and Property Management within 60 calendar days after the
close of each fiscal year. The report, consolidated for the Bureau or
Office, should be submitted in the form of a memorandum and include,
without distinction, transactions handled by the General Services
Administration and those handled by the reporting Bureau or Office. In
the event a report includes property in Federal Supply Classification
Groups 32, 34, 68, or 75 (only certain items in each of these Groups are
eligible for handling under the provisions of part 101-46), it should
also include a brief description of the items exchanged or sold.
41 CFR 114-46.4902 Exchange/sale category list.
The exchange/sale category list in this section does not represent an
all-inclusive listing of items eligible for disposal under the
exchange/sale authority. Other items or categories of items (except
those listed in FPMR 101-46.4901) may be disposed of pursuant to the
authority provided that the requirements of FPMR 101-46.2 are met. It
should be noted that the items listed in this section are numbered in
sequence and not by Federal Supply Classification Group numbers.
41 CFR 114-46.4902 PART 114-47 -- UTILIZATION AND DISPOSAL OF REAL
PROPERTY
Sec.
114-47.000 Scope of part.
41 CFR 114-46.4902 Subpart 114-47.1 -- General Provisions
114-47.103 Definitions.
114-47.103-50 Available real property.
114-47.103-51 Excess real property.
114-47.103-52 Surplus real property.
41 CFR 114-46.4902 Subpart 114-47.2 -- Utilization of Excess Real
Property
114-47.201 General provisions of subpart.
114-47.201-1 Policy.
114-47.201-2 Guidelines.
114-47.201-3 Lands withdrawn or reserved from the public domain.
114-47.202 Reporting of excess real property.
114-47.202-1 Reporting requirements.
114-47.202-4 Exceptions to reporting.
114-47.202-6 Reports involving the public domain.
114-47.202-10 Examination for acceptability.
114-47.203 Utilization.
114-47.203-1 Reassignment of real property by the agencies.
114-47.203-2 Transfer and utilization.
114-47.203-3 Notification of agency requirements.
114-47.203-7 Transfers.
114-47.203-8 Temporary utilization.
114-47.204 Determination of surplus.
114-47.204-2 Property excepted from reporting.
41 CFR 114-46.4902 Subpart 114-47.3 -- Surplus Real Property Disposal
114-47.301 General provisions of subpart.
114-47.301-3 Disposals under other laws.
114-47.301-5 Records and reports.
114-47.302 Designation of disposal agencies.
114-47.302-2 Holding agency.
114-47.304 Advertised and negotiated disposals.
114-47.304-8 Report of identical bids.
114-47.304-12 Explanatory statements.
114-47.304-50 Sales to Government employees.
114-47.304-51 Noncollusive bids and proposals.
114-47.304-52 Compliance review.
114-47.308 Special disposal provisions.
114-47.308-3 Property for historic monument sites.
114-47.308-7 Property for use as public park or recreation areas.
41 CFR 114-46.4902 Subpart 114-47.4 -- Management of Excess and Surplus
Real Property
114-47.401 General provisions of subpart.
114-47.401-6 Interim use and occupancy.
41 CFR 114-46.4902 Subpart 114-47.5 -- Abandonment, Destruction, or
Donation to Public Bodies
114-47.501 General provisions of subpart.
114-47.501-4 Findings.
114-47.503 Abandonment and destruction.
114-47.503-1 General.
114-47.503-3 Abandonment or destruction without notice.
41 CFR 114-46.4902 Subpart 114-47.6 -- Delegations
114-47.603 Delegation to the Department of the Interior.
41 CFR 114-46.4902 Subpart 114-47.8 -- Identification of Unneeded
Federal Real Property
114-47.800 Scope of subpart.
114-47.802 Procedures.
114-47.802-50 Disposal criteria.
114-47.802-51 Funds and statutory authority.
114-47.802-52 Bureau implementation.
114-47.802-53 Intrabureau records.
114-47.802-54 Annual report to the Department.
41 CFR 114-46.4902 Subpart 114-47.51 -- Permits
114-47.5101 Scope of subpart.
114-47.5102 Applicability.
114-47.5103 Definition of permit.
114-47.5104 Authority.
114-47.5105 Limitations.
Authority: Sec. 205(c), 63 Stat. 390; 5 U.S.C. 301, 40 U.S.C.
486(c).
41 CFR 114-47.000 Scope of part.
The provisions of this part are applicable to all available, excess,
and surplus real property and related personal property under the
jurisdiction of Bureaus and Offices of the Department of the Interior in
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory
of the Pacific Islands.
(40 FR 33217, Aug. 8, 1975)
41 CFR 114-47.000 Subpart 114-47.1 -- General Provisions
Source: 35 FR 295, Jan. 8, 1970, unless otherwise noted.
41 CFR 114-47.103 Definitions.
41 CFR 114-47.103-50 Available real property.
Available real property is property which is no longer needed for the
program activities of the Interior Bureau or Office having control
thereof and which properly may be determined to be excess if no further
need exists for such property within the Department of the Interior.
41 CFR 114-47.103-51 Excess real property.
Excess real property is real property not required for the program
activities of the Federal agency (see FPMR 101-43.104-7) having
jurisdiction over the property. With respect to real property under the
control of an Interior Bureau or Office, excess real property is that
which is not required for the program activities of any Bureau or Office
of the Department of the Interior, as determined by circularization (see
IPMR 114-47.203).
41 CFR 114-47.103-52 Surplus real property.
Surplus real property is any excess real property not required for
the needs and responsibilities of any agency of the Federal Government.
41 CFR 114-47.103-52 Subpart 114-47.2 -- Utilization of Excess Real
Property
Source: 35 FR 295, Jan. 8, 1970, unless otherwise noted.
41 CFR 114-47.201 General provisions of subpart.
41 CFR 114-47.201-1 Policy.
It is the policy of the Department of the Interior to:
(a) Survey all of its real property holdings at least once each year
to determine that which is available for reassignment within the
Department and that which is excess to its program needs.
(b) Achieve the maximum utilization by Interior Bureaus and Offices,
in terms of economy and efficiency, of available real property in order
to minimize expenditures for the purchase of real property.
(c) Provide for the reassignment of available real property among
Interior Bureaus and Offices and facilitate the transfer of excess real
property to other Federal agencies.
41 CFR 114-47.201-2 Guidelines.
(a) Each Interior Bureau and Office having jurisdiction over real
property shall:
(1) Survey all of its real property holdings at least once each year
to determine which holdings, or portions thereof, are no longer needed
in Interior programs or are uneconomically utilized. (See IPMR
114-47.8.)
(2) Promptly facilitate the transfer of real property which becomes
available as a result of program completions, changes, curtailments,
etc.
(3) Except as provided in IPMR 114-47.202-4 and 114-47.202-6,
promptly report to the General Services Administration real property
which has been determined to be excess to the Department's needs. (See
IPMR 114-47.203-1.)
(4) Maintain its inventory of real property at the absolute minimum
consistent with the economical and efficient conduct of assigned
programs.
(b) Each Interior Bureau and Office shall, so far as is practicable
and to the extent compatible with its program requirements, fulfill its
needs for real property by utilization of available property offered by
other Interior Bureaus and Offices and excess property held by other
Federal agencies.
(c) Guidelines for notifying the General Services Administration of
requirements for real property are set forth in IPMR 114-47.203-3.
(35 FR 295, Jan. 8, 1970, as amended at 36 FR 24004, Dec. 17, 1971)
41 CFR 114-47.201-3 Lands withdrawn or reserved from the public domain.
(a) Withdrawn or reserved public domain lands, improved or
unimproved, no longer needed by the holding Bureau or Office should be
reported to the appropriate office of the Bureau of Land Management as
provided in 43 CFR 2370.0-1 through 2374.2. If the Bureau of Land
Management with the concurrence of the General Services Administration,
determines that the property is not suitable for return to the public
domain or disposable under the public land laws, then the
circularization requirements of IPMR 114-47.203-1 and the reporting
requirements of FPMR 101-47.202 will thereafter apply to such property.
(b) Improvements located on public domain land but being disposed of
apart from such land are not reportable to the Bureau of Land
Management.
(35 FR 295, Jan. 8, 1970, as amended at 38 FR 9081, Apr. 10, 1973)
114-47.202 Reporting of excess real property.
41 CFR 114-47.202-1 Reporting requirements.
(a) The authority to report such property as is no longer needed
within the Department as excess to the General Services Administration
has been delegated to the heads of Bureaus and Offices in 205 DM 10.
(b) Any request made by the Administrator of General Services for an
office of this Department to institute specific surveys in accordance
with this subsection must have the advance approval of the Assistant
Secretary -- Policy, Budget and Administration.
(35 FR 295, Jan. 8, 1970, as amended at 36 FR 17038, Aug. 27, 1971;
38 FR 9081, Apr. 10, 1973)
41 CFR 114-47.202-4 Exceptions to reporting.
FPMR 101-47.603 delegates authority to the Secretary of the Interior
to determine real property having an estimated fair market value of less
than $1,000 to be surplus to the needs of all Federal agencies and
thereafter to dispose of such property. This authority has been
redelegated to the heads of Bureaus and Offices in 205 DM 10. The
delegation includes a provision excepting such property from the
reporting requirements of FPMR 101-47.202-1. Therefore, excess real
property (including land, with or without improvements) having an
estimated fair market value of less than $1,000 is also excepted from
reporting to the General Services Administration.
41 CFR 114-47.202-6 Reports involving the public domain.
(a) The procedures set forth in this section (see also IPMR
114-47.201-3) shall be complied with before any withdrawn public domain
land is declared to the General Services Administration as excess to
Interior needs.
(b) Excess withdrawn public domain land, with or without
improvements, having an estimated fair market value of less than $1,000
is excepted from reporting to the General Services Administration as
provided in IPMR 114-47.202-4. The provisions of this section must be
complied with before any such land is determined by the holding Bureau
or Office to be excess or surplus.
41 CFR 114-47.202-10 Examination for acceptability.
Care must be taken to insure that complete and accurate excess
reports, S.F. 118, are furnished the General Services Administration as
the holding bureau must bear the expense of care and maintenance of the
property for a period of 12 months plus the period to the first day of
the succeeding quarter of the fiscal year after the date of receipt by
GSA of an acceptable excess report.
41 CFR 114-47.203 Utilization.
41 CFR 114-47.203-1 Reassignment of real property by the agencies.
Available real property shall be screened against Department of the
Interior needs in accordance with this 114-47.203 before it is
determined to be excess. The authority to reassign or to transfer
available real property and related personal property has been delegated
to heads of Bureaus and Offices in 205 DM 10.
(a) Holding bureau utilization. Each Bureau and Office holding
available real property (see definition in IPMR 114-47.103-50) shall
insure that its own offices are afforded an opportunity to utilize such
property either prior to or simultaneously with circularization of other
Bureaus and Offices of the Department.
(b) Circularization of real property under $1,000 in value. Routine
written circularization of available real property having an estimated
fair market value of less than $1,000 should be avoided. Real property
in this category shall be offered to those Interior and other Federal
agency offices which the holding office believes might be interested in
its acquisition, considering the nature and location of the property.
(c) Circularization of real property $1,000 and over. Available real
property having an estimated fair market value of $1,000 or over shall
be offered to bureaus and offices of the Department of the Interior as
provided in IPMR Temporary Regulation No. 6 before it is determined to
be excess: Provided, That where the head of the regional, area or State
office responsible for the property determines that its nature or
location virtually precludes further Departmental utilization, and such
determination is made a part of the disposal record, then the property
shall be subject to such circularization as he may direct. (See also
IPMR 114-47.203-1(f).)
(d) Circularization of power transmission facilities. The approval
of the appropriate program Assistant Secretary shall be obtained prior
to circularization of any available power transmission line or related
facility having an estimated fair market value of $1,000 or more.
(1) In the case of planned disposal of facilities held by the
Bonneville Power Administration, Alaska Power Administration, and the
Southwestern Power Administration such approval shall be obtained from
the Assistant Secretary -- Energy and Minerals.
(2) In the case of planned disposal of facilities held by the Bureau
of Reclamation, approval of the Assistant Secretary -- Land and Water
Resources shall be obtained.
(3) Requests for approval to initiate action to dispose of power
transmission facilities shall be accompanied by a complete description
of the circumstances which the holding Bureau believes makes such
disposal feasible. A copy of each request shall be furnished the Chief,
Division of Property Management, Office of Administrative Management
Policy.
(e) Reimbursement. Transfers of available real property within the
Department of the Interior shall be made without exchange of funds,
except:
(1) The disposing bureau may elect to receive reimbursement, to the
extent that it would receive reimbursement under FPMR 101-47.203-7 if
the property were excess, where the property being transferred is
reimbursable by law, unless such requirement for reimbursement can be
satisfied or equitably avoided through appropriate accounting
procedures.
(2) The receiving bureau shall make reimbursement, determined as
though the property were excess in accordance with FPMR 101-47.203-7, in
all instances where the property being acquired will be carried in
accounts disposals from which are reimbursable.
(f) Determination of real property as excess. Real property not
transferred as a result of the circularization prescribed in this
114-47.203-1 shall be determined to be excess to the needs of the
Department of the Interior. The excess determination shall be evidenced
in writing and made a part of the disposal file. If reportable in
accordance with FPMR 101-47.202, it shall be promptly declared to the
General Services Administration. If not reportable under such
regulations or IPMR 114-47.202-4, it shall be determined to be surplus
promptly in accordance with the provisions of FPMR 101-47.2.
(35 FR 295, Jan. 8, 1970, as amended at 38 FR 9081, Apr. 10, 1973;
40 FR 12080, Mar. 17, 1975; 40 FR 21954, May 20, 1975)
41 CFR 114-47.203-2 Transfer and utilization.
The authority to transfer excess real property to other Federal
agencies and to obtain excess real property from other agencies has been
delegated to the heads of Bureaus and Offices in 205 DM 10. Transfers
to and from other agencies shall be made in accordance with the
provisions of FPMR 101-47.2.
41 CFR 114-47.203-3 Notification of agency requirements.
Because of the nature of the conservation programs carried on by this
Department most of its requirements for real property, particularly
land, are dictated by such factors as geographical location, topography,
engineering and similar characteristics which limit the extent to which
excess real property can be utilized. For example, requirements for
land for use as a refuge, park, or a dam site are generally for specific
land, and land already in Government ownership or control can be
utilized for these purposes only when its location and other
characteristics coincide with the program need. Therefore, the
appropriate GSA regional office shall be notified of requirements for
real property only when:
(a) Specific property is not required, or
(b) Specific property is required and such property is held in the
GSA excess inventory or is held by another Federal agency outside the
Department of the Interior.
Note: The provisions of this 114-47.203-3 do not apply to
acquisition by lease of interests in real property as covered in FPMR
101-18.1.
41 CFR 114-47.203-7 Transfers.
(a) One copy of GSA Form 1334, Request for Transfer of Excess Real
Property and Related Personal Property, shall be furnished the Director,
Office of Administration and Management Policy (PM), Office of the
Assistant Secretary -- Policy, Budget and Administration, when:
(1) The request seeks to acquire excess real property without
reimbursement regardless of the appraised fair market value of the
property, or
(2) The request for transfer involves excess real property having a
total appraised fair market value of $100,000 or more.
(b) Except as provided in IPMR 114-47.203-7(e), transfers of excess
real property to Federal agencies outside of the Department of the
Interior must have the prior approval of the General Services
Administration. Bureaus and offices holding excess real property which
is subject to this prior approval shall refrain from making commitments
to other Federal agencies regarding transfer of such property. Any
inquiries received from potential transferees shall be referred to the
appropriate GSA regional office for determination.
(c)-(d) (Reserved)
(e) FPMR 101-47.203-7(e) provides that certain categories of excess
real property may be transferred by the holding agency without reference
to GSA. In addition to the categories listed, Bureaus and offices of
this Department may transfer, without reference to GSA, any excess real
property having an estimated fair market value of less than $1,000 in
accordance with the authority delegated in 205 DM 10.3A(6).
(f) Whenever a Bureau or office seeks to acquire excess real property
without reimbursement, the certification required by FPMR
101-47.203-7(f)(2)(iii) shall be signed by an official not below the
Chief Administrative Officer of the Bureau. Similarly, whenever Block 9
of GSA Form 1334 is checked to indicate that funds are not available for
reimbursement for the transfer of the property, the certification in
Block 10 of such form shall be signed by an official not below the Chief
Administrative Officer of the Bureau.
(36 FR 24004, Dec. 17, 1971, as amended at 39 FR 12989, Apr. 10,
1974; 40 FR 5527, Feb. 6, 1975)
41 CFR 114-47.203-8 Temporary utilization.
Interior regulations governing the temporary use, by another Federal
agency, of real property determined to be excess to Department of the
Interior needs are contained in IPMR 114-47.51.
41 CFR 114-47.204 Determination of surplus.
41 CFR 114-47.204-2 Property excepted from reporting.
Excess property having an estimated fair market value of less than
$1,000, and not designated for utilization by another Federal agency, is
subject to determination as surplus by the holding Bureau or Office in
addition to the nonreportable properties listed in FPMR 101-47.202-4.
41 CFR 114-47.204-2 Subpart 114-47.3 -- Surplus Real Property Disposal
Source: 35 FR 298, Jan. 8, 1970, unless otherwise noted.
41 CFR 114-47.301 General provisions of subpart.
41 CFR 114-47.301-3 Disposals under other laws.
Numerous special statutes are on the books which authorize the
Secretary to dispose of real property no longer needed for program
purposes by the holding Bureau or Office. Many of these laws predate
the Federal Property and Administrative Services Act of 1949, as
amended. Where such special law provides that disposal will be made to
the general public, as opposed to a specific named individual, firm, or
organization, disposal shall be subject to the utilization and disposal
provisions of IPMR 114-47.
41 CFR 114-47.301-5 Records and reports.
A Report of Surplus Real Property Disposals and Inventory, GSA Form
1100, shall be prepared annually on a fiscal year basis by each Bureau
and Office holding real property. The report shall be prepared and
submitted in accordance with FPMR 101-47.4903 and the following
supplemental instructions:
(a) Preparation. (1) The report should include only surplus real
property inventory and disposals which are being transacted by Interior
Bureaus and Offices pursuant to disposal authorities delegated to the
Department in FPMR 101-47.302-2, 101-47.603, and any special one-time
disposal authority which may be delegated by the General Services
Administration.
(2) Transfers of available real property between Interior Bureaus and
transfers of excess real property to other Federal agencies outside
Interior should not be reported on GSA Form 1100. However, in the event
real property is withdrawn from the surplus inventory for further
Federal agency utilization, the transaction should be reported on Line
13 of the form.
(3) Note that disposal transactions, as well as inventory data, are
to be reported on the basis of ''locations'' -- not number of
transactions, parcels of land, buildings, etc.
(b) Submission and due date. GSA Form 1100 shall be submitted in
original only, to the Director, Office of Acquisition and Property
Management by not later than the 25th of July of each year. Negative
reports are required and may be submitted in the form of a memorandum in
lieu of GSA Form 1100.
(37 FR 5250, Mar. 11, 1972, as amended at 40 FR 5527, Feb. 6, 1975)
41 CFR 114-47.302 Designation of disposal agencies.
41 CFR 114-47.302-2 Holding agency.
The disposal authority conferred in the Secretary by this subsection
has been delegated to heads of Bureaus and Offices in 205 DM 10.
41 CFR 114-47.304 Advertised and negotiated disposals.
41 CFR 114-47.304-8 Report of identical bids.
(a) The reporting requirements specified in FPMR 114-47.304-8 are
applicable to all sales of Government-owned property made on a
competitive basis whether competition is obtained through sealed bid,
negotiation, auction, or spot bid procedures. They apply to:
(1) Program sales made pursuant to special statutes authorizing the
Secretary of the Interior to sell specific real properties, and
(2) Sales of surplus real property made pursuant to the provisions of
the Federal Property and Administrative Services Act of 1949, as
amended.
(b) Reports on identical bids required by this subsection shall be
submitted by the heads of Bureaus and Offices directly to the Attorney
General in accord with FPMR 101-47.304-8. A copy of the transmittal
letter and a copy of the abstract of bids shall be furnished to the
Chief, Division of Property Management, Office of Acquisition and
Property Management.
(40 FR 21954, May 20, 1975)
41 CFR 114-47.304-12 Explanatory statements.
(a) Explanatory statements required to be submitted to the General
Services Administration for transmittal to the committees of the Senate
and House of Representatives pursuant to FPMR 101-47.304-12 shall be
prepared following the outline shown in FPMR 101-47.4911. Such
statements shall be submitted as attachments to a transmittal letter
addressed to the Administrator, General Services Administration,
Washington, D.C. 20405, prepared for the signature of the Assistant
Secretary -- Policy, Budget and Administration.
(b) The background and justification portion of this submission shall
be a narrative statement fully showing that the property is in fact
surplus (e.g., the goods and services produced by the property are no
longer needed), and a complete justification both for the decision to
sell at all, and to sell by negotiation rather than advertising.
(c) Twenty-two (22) mimeographed copies of such notices shall be
submitted to the Assistant Secretary -- Policy, Budget and
Administration, twenty (20) of which are for submission to the General
Services Administration and transmittal to the appropriate committees of
the Congress. The letter transmitting each such notice to the Assistant
Secretary -- Policy, Budget and Administration, shall include any
additional supporting data as may not be incorporated in the
''background and justification'' portion of the explanatory statement.
(35 FR 298, Jan. 8, 1970, as amended at 36 FR 17038, Aug. 27, 1971;
38 FR 8159, Mar. 29, 1973)
41 CFR 114-47.304-50 Sales to Government employees.
In instances where this Department acts as disposal agency, surplus
real property may be disposed of by sale, lease, or otherwise to Federal
employees or their spouses only where all of the following conditions
are met:
(a) The invitation for bids states the extent to which Federal
employees are eligible to bid and requires Federal employees to identify
themselves, their organization, and position, with similar information
from spouses.
(b) Notice is given that no awards will be made to Federal employees
or their spouses who might reasonably be expected to have information
with regard to the property or its uses which is not readily available
to members of the public, or who participated in the decision to dispose
of the property, or in the sale itself.
(c) The sale is conducted under publically advertised, sealed bid
procedures.
Note: Disposals under this paragraph apply only to actions taken
pursuant to the Federal Property and Administrative Services Act of
1949, as amended. For disposals of public lands to employees of the
Department, see 43 CFR part 7.
41 CFR 114-47.304-51 Noncollusive bids and proposals.
(a) Certificate of independent price determination: A certificate of
independent price determination shall be required with each bid or offer
for the purchase of real property, except where the price is fixed in
advance of sale pursuant to law or regulation.
(1) The certificate of independent price determination clause
contained in Condition No. 20 of the General Sale Terms and Conditions,
Standard Form 114C, shall be included in all invitations for bids and
requests for quotations on Government sales of real property and shall
be submitted with sealed bids and written quotations submitted in
response thereto.
(2) Auction and spot bid sales: Bureaus and Offices conducting sales
of Government property by the auction or spot bid methods shall include
an appropriate provision in the sales notice which will put the
successful bidder on notice that he will be required, as a condition of
award, to sign a certificate to the effect that ''the bid was arrived at
by the bidder or offeror independently, and was tendered without
collusion with any other bidder or offeror.''
(3) The requirement for a certificate of independent price
determination applies to sales of surplus real property and to program
sales made pursuant to special statutes as referred to in IPMR
114-47.304-8(a).
(b) The authority to make the determination described in paragraph
(d) of Condition No. 20 of the General Sale Terms and Conditions,
Standard Form 114C, is vested in the head of Bureaus and Offices and may
not be redelegated.
(c) Reporting suspected antitrust violations: Whenever any Bureau or
Office has factual information leading it to believe or suspect that
bids received in response to a sales offering evidence of collusion on
the part of two or more bidders designed to eliminate competition, full
particulars shall be submitted to the Solicitor for consideration and
possible referral to the Attorney General. This submission should
include a summary of the pertinent facts concerning the reported case
and, in the case of a formally advertised sale, a copy of the Invitation
for Bids, the Abstract of Bids, and the bid of bidder(s) suspected of
irregular practices; the name of the successful bidder and reason why
the award was made to him; and any other information available which
might tend to establish possible violation of the antitrust laws.
Reports required by this paragraph are in addition to and not in lieu of
the identical bid reports required by IPMR 114-47.304-8.
(1) Reporting procedure: Reports of suspected antitrust violations
should be transmitted to the Solicitor in the following format:
Assistant Attorney General,
Antitrust Division,
Department of Justice,
Washington, D.C. 20530.
Dear Sir: We transmit to you a case where bids received in response
to Invitation No. ------ for (item(s) description), to be sold (sale
date), were opened by (selling bureau or office and location) on
---------- , 19 -- . Evidence of collusion or other conduct in
violation of antitrust laws is herewith reported as follows:
Award was made to ------------------------ . (In the next sentence
explain the method by which the successful bidder was selected, i.e.,
high bidder, etc., unless all bids were rejected and the sale effected
by readvertisement or negotiation, in which case, furnish details.)
Sincerely yours,
Solicitor.
Enclosure:
(2) The following copies are required:
(i) Original on ''Office of the Solicitor'' stationery
(ii) Shadow copy to accompany the original on letterhead tissue
(iii) White surname box copy on letterhead tissue
(iv) White letterhead tissue copy to be marked ''Docket Copy''
(v) White letterhead tissue copy to be marked ''Director, Office of
Acquisition and Property Management.''
(vi) Other information copies as may be required by the Bureau or
Office.
(35 FR 298, Jan. 8, 1970, as amended at 36 FR 221, Jan. 7, 1971; 40
FR 5527, Feb. 6, 1975)
41 CFR 114-47.304-52 Compliance review.
The head of each Bureau and Office engaged in programs which involve
the conduct of sales of Government property in the categories referred
to in IPMR 114-47.304-8(a) shall install an appropriate monitoring
system at the headquarters office level to ensure compliance with the
provisions of IPMR 114-47.304-8 and 114-47.304-51. The monitoring system
installed by each Bureau and Office will be subject to review by the
Department's internal audit staff to determine its adequacy and
effectiveness.
(36 FR 221, Jan. 7, 1971)
41 CFR 114-47.308 Special disposal provisions.
(35 FR 10434, June 26, 1970)
41 CFR 114-47.308-3 Property for historic monument sites.
The Director, Bureau of Outdoor Recreation, shall make all
determinations and perform all other functions assigned to the Secretary
in FPMR 101-47.308-3. The authority to exercise the authority conferred
in the Secretary by FPMR 101-47.308-3 has been delegated to the
Director, Bureau of Outdoor Recreation in 248 DM 1.
(36 FR 14741, Aug. 11, 1971)
41 CFR 114-47.308-7 Property for use as public park or recreation areas.
The Director, Bureau of Outdoor Recreation, shall make all
determinations and perform all other functions assigned to the Secretary
in FPMR 101-308-7. The authority to exercise the authority conferred in
the Secretary by FPMR 101-47.308-7 has been delegated to the Director,
Bureau of Outdoor Recreation in 248 DM 1.
(36 FR 14741, Aug. 11, 1971)
41 CFR 114-47.308-7 Subpart 114-47.4 -- Management of Excess and Surplus
Real Property
114-47.401 General provisions of subpart.
(35 FR 299, Jan. 8, 1970)
41 CFR 114-47.401-6 Interim use and occupancy.
Interior regulations governing the temporary use, by another Federal
agency, of surplus real property are contained in IPMR 114-47.51.
(35 FR 299, Jan. 8, 1970)
41 CFR 114-47.401-6 Subpart 114-47.5 -- Abandonment, Destruction, or
Donation to Public Bodies
Source: 35 FR 29, Jan. 8, 1970, unless otherwise noted.
114-47.501 General provisions of subpart.
41 CFR 114-47.501-4 Findings.
(a) The findings specified in this subsection shall be documented in
the form of an approved Report of Survey.
(b) For purposes of FPMR 101-47.501-4(b), a reviewing authority shall
be the same as specified in IPMR 114-44.501-2.
41 CFR 114-47.503 Abandonment and destruction.
41 CFR 114-47.503-1 General.
The findings specified in FPMR 101-47.503-1 shall be made by an
official not below a regional, area, or State Director.
41 CFR 114-47.503-3 Abandonment or destruction without notice.
Findings justifying abandonment or destruction of real property
without public notice shall be documented in the form of a Report of
Survey approved by an appropriate reviewing authority. (See IPMR
114-44.501-2.)
41 CFR 114-47.503-3 Subpart 114-47.6 -- Delegations
41 CFR 114-47.603 Delegation to the Department of the Interior.
(a) The authority conferred in the Secretary by FPMR 101-47.603 has
been delegated to the heads of Bureaus and Offices in 205 DM 10.
(b) Available real property having an estimated fair market value of
less than $1,000 shall be screened in accordance with the provisions of
IPMR 114-47.203-1(b) before a determination of excess or surplus is
made.
(37 FR 20543, Sept. 30, 1972)
41 CFR 114-47.603 Subpart 114-47.8 -- Identification of Unneeded Federal
Real Property
Source: 36 FR 22294, Nov. 24, 1971, unless otherwise noted.
41 CFR 114-47.800 Scope of subpart.
This subpart prescribes basic policies and procedures for periodic
review of real property in the custody of Bureaus and Offices of the
Department to identify that which is unneeded, is underutilized, or is
not being put to its optimum use. It implements Bureau of the Budget
Circular No. A-2, revised, dated August 30, 1971, and FPMR 101-47.8.
(a) The provisions of this subpart are applicable to the following
Federal real property holdings in custody of this Department, wherever
located:
(1) Land acquired by purchase, condemnation, donation, lease, or
other methods, except lands exempted as provided in IPMR 114-47.800(b);
(2) Withdrawn public domain land, except that used for National Park,
National Forest, or wildlife refuge purposes. Refer also to 603 DM 1
which establishes Departmental policy relating to the review and
restoration, in whole or in part, of withdrawn land no longer used or
required for the programs for which withdrawn; and
(3) Buildings, and other structures and facilities acquired by
purchase condemnation, construction, donation, lease, or other methods,
including Government-owned buildings, structures, and facilities located
on:
(i) Withdrawn public domain land;
(ii) Lands exempted from the provisions of this subpart by IPMR
114-47.800(b); or
(iii) Other than Government-owned land.
(b) This subpart does not apply to the following properties:
(1) Unreserved public domain land administered by the Bureau of Land
Management;
(2) Rights-of-way or easements granted to the Government;
(3) Indian tribal and trust properties;
(4) Oregon and California revested lands (43 U.S.C. 1181a);
(5) Reconveyed Coos Bay Wagon Road Land Grant lands (43 U.S.C.
1181a);
(6) Land administered by the National Park Service, other than
administrative sites outside of the established boundaries of a national
park;
(7) Land on Indian reservations within consolidation areas approved
by the Secretary of the Interior;
(8) Land within the National Wildlife Refuge System;
(9) Bankhead-Jones lands administered under a land conservation and
utilization program in accordance with the Taylor Grazing Act of 1934
(48 Stat. 1269);
(10) Land reserved or dedicated for national forest purposes; and
(11) Real property which is to be sold or otherwise disposed of and
which was acquired through foreclosure, confiscation, or seizure in
settlement of a claim of the Federal Government, or through conveyance
to the Federal Government in connection with an indemnity or loan
insurance or guarantee program.
41 CFR 114-47.802 Procedures.
(a) Annual review by Bureaus and Offices. Each Bureau and Office
having jurisdiction over real property in the categories referred to in
IPMR 114-47.800(a) shall conduct a systematic annual review of all such
property to identify that which is unneeded, is underutilized, or is not
being put to its optimum use. Every effort shall be made to effect
partial disposals of real property whenever circumstances will permit
economic separate disposal of the unneeded portion.
(1) In conducting the annual review, Bureaus and Offices shall be
guided by the standards and guidelines set forth in FPMR 101-47.801, in
addition to the disposal criteria prescribed in IPMR 114-47.802-50.
(2) In addition to the written record of the review of each
individual installation required by FPMR 101-47.802(a)(2), a written
descriptive listing of all properties identified as unneeded,
underutilized, or not being put to optimum use shall be maintained as
provided in IPMR 114-47.802-53(b).
(3) The head of each Bureau or Office or his designee is authorized
to make the determination contemplated by FPMR 101-47.802(a)(3)(i)(B).
(i) The requirement found in FPMR 101-47.802(a)(3)(i)(B) for
obtaining the approval of the appropriate GSA regional office before
issuing permits or out-leases authorizing others to use temporarily
unutilized property does not apply to:
(a) Permits or leases involving real property which is not subject to
the provisions of Office of Management and Budget Circular No. A-2 or
this subpart 114-47.8. (See IPMR 114-47.800(b)), or
(b) Permits authorizing other Interior Bureaus or Offices to use
property temporarily not being used by the holding Bureau.
(ii) Where a Bureau or Office administers large numbers of program
leases such as agricultural leases, or grazing leases or permits on
withdrawn public domain land, the appropriate regional office of GSA
should be requested to approve the overall leasing program, thus
obviating the need to request approval of each individual lease or
permit as issued.
(b) GSA survey. (1) Bureaus and Offices shall cooperate fully with
GSA officials conducting surveys of real property holdings under their
jurisdiction in order to facilitate the overall objectives of the real
property review program.
(2) Notifications of GSA survey findings received in the Office of
the Secretary from the GSA Central Office in accordance with FPMR
101-47.802(b)(5), will be forwarded to the Bureau or Office having
custody of the property involved. Referrals to Bureaus and Offices will
include a request for their comments and recommendations in any cases
where GSA recommends that specific properties should be reported excess.
41 CFR 114-47.802-50 Disposal criteria.
The disposal criteria set forth in this subsection are provided for
the use and guidance of Bureaus and Offices in conducting the review of
real property holdings and achieving effective and economical use of
such property. These criteria are in addition to the standards and
guidelines prescribed in FPMR 101-47.801.
(a) Property not utilized -- no future use. Property not presently
used in the Bureau's program for which acquired and for which there is
no foreseeable future need should be disposed of promptly by:
(1) Intrabureau transfer, transfer to other Interior Bureaus,
declaration to GSA as excess, or disposal as surplus pursuant to
authority delegated in 205 DM 10, or
(2) Reporting to the Bureau of Land Management in the case of
unneeded withdrawn public domain land. (See IPMR 114-47.201-3.)
(b) Property not presently utilized -- known future need. Property
not presently being used, but for which a definite future program need
exists should be retained: Provided, That the property will be put to
its optimum use when the future program is undertaken. Reasonable
efforts should be made to put property in this category into productive
use during the period it would otherwise remain vacant or idle (see IPMR
114-47.802(a)(3)), either by:
(1) Permitting another Interior Bureau of Federal agency to use the
property on an interim basis, or
(2) Interim leasing to non-Federal entities: Provided, That the
holding Bureau or Office has specific statutory authority to lease
temporarily unused property. (See 15 CG 96.)
(c) Property not presently utilized -- possible future need. This
pertains to property not presently used in the Bureau's program, but for
which a possible future need exists. The less certain or farther away
this possible future need is, the greater consideration must be given to
disposal, particularly if the property is not unique and replacement
property could be acquired later if the need materializes.
(d) High value locations. An essential Bureau activity being carried
on at a valuable real estate site might not be using such site to its
full economic advantage. For example, at the time of acquisition the
site may have been in an outlying area, but may now be within the
growing community. Such land is not unneeded or excess, since there is
a continuing program need for the installation, but the present land
could be sold for substantially more than the cost of suitable
replacement facilities and the difference deposited in the Treasury.
(1) In these instances funds for replacement facilities must first be
obtained through the normal budgetary processes, justified by the net
gain to be realized.
(2) Once the replacement facilities are available, the old facilities
should be disposed of as unneeded in the usual manner.
(e) High cost facilities. An essential Bureau activity may be
performed in facilities which have such an unusually high annual
operation and maintenance cost that replacement is justified. Some
examples of this might be:
(1) The work is being performed at several separate locations, with a
consequent loss of efficiency and higher costs.
(2) The work is being performed in several small buildings at the one
site, and would significantly benefit from operations being consolidated
in one building.
(3) The facility is unusually expensive to maintain, due to age or
poor condition.
(4) The facility is so poorly planned or laid out, or so unsuitable
for the particular type of activity being carried on, that excess costs
are incurred.
(5) The facility is permanently underutilized, and is not susceptible
to partial disposal through sharing, rental, sale, etc.
In all of paragraphs (e)(1) through (5) of this section and in
similar instances, if the anticipated savings would so warrant, funds
for replacement should be sought through the normal budgetary processes,
justified by the net savings. Once the replacement facilities are
available, the old facilities should be disposed of as unneeded in the
usual manner.
(f) Property used by another Federal agency under permit. Property
for which a future need was anticipated may be utilized by another
Federal agency by permit from the holding Bureau. If reexamination of
the anticipated need discloses that such need will not materialize, the
Bureau having basic custody of the property should convey the property
to the permittee Bureau or agency by formal transfer of accountability.
(g) Property leased to non-Federal entities. Property for which a
future need was anticipated may have been leased on an interim basis to
a non-Federal entity. If reexamination of the anticipated need
discloses that such need will not materialize, the property should be
disposed of, subject to the provisions of the lease.
41 CFR 114-47.802-51 Funds and statutory authority.
There may be cases where it will be necessary to secure additional
funds or specific legislative authority before disposal of high-value
locations or high-cost facilities can be made and the necessary
replacement facilities acquired. However, this circumstance must not
delay the making of necessary surveys in order to identify properties in
these categories or the initiation of specific proposals looking toward
replacement. Proposals should be supported by estimates of replacement
costs and ultimate net savings. In seeking replacement facilities:
(a) Such action as can be taken without additional funds or statutory
authority should be initiated at the earliest practicable time;
(b) Consideration should be given to obtaining available and excess
property presently held by other Interior Bureaus and other Federal
agencies; and
(c) The appropriate regional office of the General Services
Administration should be contacted to determine whether suitable excess
replacement facilities are available for transfer or expected to become
available within a reasonable time.
41 CFR 114-47.802-52 Bureau implementation.
In those Bureaus having large and varied real property holdings, the
general instructions in this chapter require further development for
effective application within the Bureau, particularly with respect to
the following:
(a) Retention criteria. Bureau implementation should include, to the
extent possible, uniform retention criteria for specific properties for
the guidance of field personnel conducting the annual review required by
IPMR 114-47.802. The following is an example of retention criteria which
might be developed.
It may be determined that a certain amount of land is needed to
accommodate a particular type or size of facility, such as an
administrative site, boarding school, day school, etc. Where this
determination can be made the needed acreage should be specified and any
held for this purpose in excess of that amount should be considered for
disposal.
(b) Partial disposals. Bureau instructions should make clear that it
is not enough for a field office official to determine, for example,
that a program using 1,000 acres of land will continue to be carried on,
but a further determination should be made as to the need to retain the
entire 1,000 acres and whether or not a part of the acreage can be made
available for other utilization or disposal. It might still be
necessary to provide employee housing, but 50 units might now be
adequate and 10 units released. The units of property to be released
must, of course, be of a nature or so located that they are susceptible
of economic separate disposal.
(c) Underutilization and uneconomical utilization. These situations
may be common or typical of certain phases of the Bureau's program at
some locations, and further criteria are needed to show either how they
may be overcome or else why they must be accepted as a temporary
condition due to the program requirements.
(d) Program utilization. There is a definite need for Bureau
particularization on what constitutes program utilization, as
distinguished from non-program but authorized utilization. There are
many legitimate and necessary instances of utilization of real property
for nonprogram purposes, usually of a temporary nature, but such use
does not give it a program status. One rule of thumb might be whether
program funds would be expended to purchase land or construct buildings
for present uses of existing real property.
(e) Inspection and field review. The Bureau headquarters and
regional staff members responsible for this aspect of real property
management shall include checking the effectiveness of compliance and
understanding at the regional and installation level, of this program,
particularly on the completeness of both regional and installation
reports, and the development of adequate techniques for the survey at
the installation level.
41 CFR 114-47.802-53 Intrabureau records.
The head of each Bureau having jurisdiction over real property shall
issue instructions to provide that each office responsible for
conducting the prescribed annual review of real property holdings shall:
(a) Maintain a written record of the review of each individual
installation, which record will contain comments relative to each of the
guidelines set forth in FPMR 101-47.801(b).
(b) Maintain a written descriptive listing of all properties or
portions of properties identified during each annual review as unneeded,
underutilized, or not being put to optimum use, whether or not disposal
action is going to be taken on the properties.
41 CFR 114-47.802-54 Annual report to the Department.
The head of each Bureau or Office having jurisdiction over real
property shall prepare an annual report, as of the end of each fiscal
year, summarizing the actions taken by the Bureau or Office to implement
the provisions of this subpart 114-47.8. The report will:
(a) Include consolidated reports for the Bureau in the form of
appendices I, II, III of this subpart. 1 These appendices illustrate the
format and the order in which the requested data are to be reported and
should be followed to facilitate processing by the Department and
transmittal to the Office of Management and Budget.
(b) Include in the memorandum transmitting appendices I, II, and III,
the following:
(1) A narrative statement describing, in general the actions taken
during the fiscal year to comply with the provisions of this subpart
114-47.8. The narrative shall include, but not necessarily be limited
to:
(i) A description of the analytical methods used to determine that
properties not listed in appendices I and II are being put to optimum
use.
(ii) Actions taken to strengthen procedures for meeting the
objectives of the annual review program.
(iii) Actions taken by the head of the bureau and headquarters office
staff to insure full compliance with Office of Management and Budget,
General Services Administration, and Departmental regulations at all
levels within the bureau.
(2) A description of any particular problems encountered by the
Bureau in the management of real property.
(3) Recommendations as to actions which might be taken by the
Property Review Board, the Office of Management and Budget, the General
Services Administration, or the Department to improve the management of
real property.
(c) Include, as attachments to the transmittal memorandum, two copies
of new or revised manual or other instructions issued by the Bureau
during the fiscal year. If none were issued, the report should so
indicate.
(d) Be prepared, in duplicate, and transmitted to reach the Director,
Office of Acquisition and Property Management by August 21 of each year.
(36 FR 22294, Nov. 24, 1971, as amended at 40 FR 5527, Feb. 6, 1975)
1Filed as part of the original document.
41 CFR 114-47.802-54 Subpart 114-47.51 -- Permits
Source: 35 FR 302, Jan. 8, 1970, unless otherwise noted.
41 CFR 114-47.5101 Scope of subpart.
This subpart prescribes basic policy and criteria for the granting of
permits authorizing other Interior Bureaus or other Federal agencies to
use real property in custody of Bureaus and Offices of the Department of
the Interior.
41 CFR 114-47.5102 Applicability.
The provisions of this subpart are applicable to all Federal real
property in custody of this Department of the types referred to in
paragraph (a) of this section, wherever located.
(a) Specifically, this subpart applies to utilization by permit of:
(1) Lands; buildings, structures and facilities (including those
located on other than Government-owned land) acquired by purchase,
condemnation, donation, construction, lease, or other methods; and
(2) Withdrawn public domain land;
(b) This subpart does not apply to use permits involving the
following land and properties, but it does apply to Government-owned
buildings, structures, and facilities located on such lands:
(1) Unreserved public domain;
(2) Rights of way or easements granted to the Government;
(3) Indian tribal and trust properties;
(4) Oregon and California revested lands (43 U.S.C. 1181a);
(5) Land administered by the National Park Service, other than
administrative sites outside of the established boundaries of a national
park;
(6) Land on Indian reservations within consolidation areas approved
by the Secretary of the Interior;
(7) Land within the National Wildlife Refuge System; and
(8) Real property which is to be sold or otherwise disposed of and
which was acquired through foreclosure, confiscation, or seizure in
settlement, of a claim of the Federal Government, or through conveyance
to the Federal Government in connection with an indemnity or loan
insurance or guarantee program.
41 CFR 114-47.5103 Definition of permit.
For purposes of this subpart, a permit is defined to mean the
temporary authority conferred on one Government agency to use property
under the jurisdiction of another Government agency.
41 CFR 114-47.5104 Authority.
While no statutory authority is required to execute a permit
authorizing the use of property by another Federal agency, such use may
be granted only in the following instances:
(a) Nonexcess property. When it has been determined by the head of
the Bureau or Office, or his designee(s), that there is a present or
future program requirement for the property, and the proposed use by the
requesting agency conforms to the acquisition and use provisions of
Bureau of the Budget Circular No. A-2, Revised, dated April 5, 1967.
(b) Excess or surplus property in process of disposal. Excess or
surplus real property may be made available for short term use by permit
during the period it is being processed for further Federal use or
disposal as provided in paragraphs (b)(1) and (2), of this section;
Provided, That the requesting agency conforms to the provisions of
Bureau of the Budget Circular No. A-2, Revised, dated April 5, 1967;
And provided further, That such temporary use or occupancy will not
interfere with, delay, or retard its transfer to another Federal agency,
or disposal.
(1) Permits granting interim use of the following properties may be
executed without the approval of the General Services Administration:
(i) Excess or surplus real property, including land with or without
improvements, having an estimated fair market value of less than $1,000,
and
(ii) Surplus improvements of any kind having an estimated fair market
value of $1,000 or more to be disposed of without the underlying land.
A permit may not be issued, however, until the surplus determination has
been made by the General Services Administration.
(2) Permits granting interim use of the following properties may be
executed only with the approval of the General Services Administration
in each instance:
(i) Excess improvements of any kind, having an estimated fair market
value of $1,000 or more, to be disposed of without the underlying land.
In the event such improvements are subsequently determined by the
General Services Administration to be surplus permits may be granted
pursuant to IPMR 114-47.5104(b)(1)(ii).
(ii) Excess or surplus land, with or without improvements, having an
estimated fair market value of $1,000 or more.
41 CFR 114-47.5105 Limitations.
The head of each Bureau or Office should impose such additional
limitations on the granting of use permits as he deems necessary for
effective utilization and disposition of real property in the custody of
his Bureau.
41 CFR 114-47.5105 PART 114-50 -- UNIFORM RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
Authority: Sec. 213, Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, Pub. L. 91-646, 84 Stat. 1894 (42
U.S.C. 4601) as amended by the Surface Transportation and Uniform
Relocation Assistance Act of 1987, Title IV of Pub. L. 100-17, 101
Stat. 246-256 (42 U.S.C. 4601 note).
41 CFR 114-50.301-1 Uniform relocation and real property acquisition.
Regulations and procedures for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L.
91-646, 84 Stat, 1894, 42 U.S.C. 4601), as amended by the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (Title IV
of Pub. L. 100-17, 101 Stat. 246-255, 42 U.S.C. 4601 note) are set forth
in 49 CFR Part 24.
(52 FR 48025, Dec. 17, 1987 and 54 FR 8912, Mar. 2, 1989)
41 CFR 114-50.301-1 PART 114-51 -- PROVISION AND ASSIGNMENT OF QUARTERS AND FURNISHINGS
41 CFR 114-50.301-1 Subpart 114-51.1 -- Provision of Quarters
Sec.
114-51.100 Statutory authority.
114-51.101 Policy.
114-51.102 Determination of number, types, sizes, and design of
housing units.
Appendix I -- Dwelling Construction Costs
41 CFR 114-50.301-1 Subpart 114-51.2 -- Furnishings in Personnel
Quarters
114-51.200 Scope of subpart.
114-51.201 Definitions.
114-51.202 Policy.
114-51.202-1 Housekeeping quarters in the United States.
114-51.202-2 Government housekeeping quarters outside the United
States.
114-51.202-3 Non-Government housekeeping quarters outside the United
States.
114-51.202-4 Transient and seasonal quarters.
114-51.202-5 Nonhousekeeping quarters.
114-51.202-6 Reduction of shipping weight allowances.
114-51.203 Selection of furnishings.
41 CFR 114-50.301-1 Subpart 114-51.3 -- Assignment of Quarters
114-51.300 Scope of subpart.
114-51.301 Assignment policy.
114-51.302 Required occupancy.
114-51.303 Assignment records.
Authority: 5 U.S.C. 301.
Source: 37 FR 17391, Aug. 26, 1972, unless otherwise noted.
41 CFR 114-50.301-1 Subpart 114-51.1 -- Provision of Quarters
41 CFR 114-51.100 Statutory authority.
General statutory authority for the provision of quarters to
employees is contained in section 2 of Pub. L. 88-459 (78 Stat. 557).
Whenever it is determined that conditions of employment or availability
of quarters warrants such action, Bureaus are authorized to provide
employees with Government-owned or leased quarters. The authority to
make the determination that quarters must be provided has been delegated
to heads of bureaus in 205 DM 10 and may not be redelegated.
41 CFR 114-51.101 Policy.
The Government-wide policy governing the provision of quarters to
employees is set out in Office of Management and Budget Circular No.
18, Revised, and shall be observed by all bureaus of the Department of
the Interior. In general, this policy provides that employee housing
shall not be provided by the Government, except where it is determined
that the employees must live at the station to render necessary service
or protection, or that adequate housing is not available in the area.
(a) Construction of Government-owned housing may be undertaken at a
given location only when specifically authorized through the usual
budgetary processes.
(b) Leased quarters may be provided employees at a given location
only when the determinations contemplated by paragraph 2 of Office of
Management and Budget Circular No. A-18, Revised, have been made by the
head of the bureau and funds are available for this purpose. It must be
kept in mind, however, that where housing is available for lease on the
private market, it would be virtually impossible to find that the
circumstances warranted the provision of housing, except to satisfy a
short-term need.
41 CFR 114-51.102 Determination of number, types, sizes, and design of
housing units.
Bureaus shall be governed by the applicable provisions of Office of
Management and Budget Circular No. A-18, Revised, in determining the
number, types, sizes, and design standards of housing units to be
provided employees at a given location.
(53 FR 741, Jan. 12, 1988)
41 CFR 114-51.102 Appendix I -- Dwelling Construction Costs
41 CFR 114-51.102 Subpart 114-51.1, App. I
State ---------- Town
Other location
Site: Purchased ---- Other land (describe) ---- Type and size of
dwelling: No. of bedrooms ------ Net floor area (sq. ft.) ------
Basement: Full ---- Partial ---- None ---- ; Fireplace: Yes -- No --
Garage: Attached ---- Detached ---- Basement ---- Carport ---- None
---- Air conditioning: Yes -- No --
Nearest source of contract-labor and materials ------------ (town and
state) Distance ---- Miles
Engineering and Design ---- Preparation of site development plan
------------ Cost of dwelling ------ Cost of garage or carport ---- Cost
of air conditioning ---- Cost of landscaping:
Landscape plans -- Grading and leveling -- Lawn, shrubs, trees ----
Sidewalks (linear ft.) ------------
Fencing ---- Driveway, curbs (linear ft.) ---- Retaining walls ----
Sub-surface drainage ---- Installation of utilities (lot line to
dwelling) ------------
Full-time technical specialists on inspection or supervision
------------
Other applicable costs (identify)
TOTAL COSTS
(Attach sheet giving additional details with respect to distance from
nearest source of labor and materials; comparative bid prices; if
costly site preparation measures are needed; whether the work was
advertised more than once, and any other item which it is felt should be
more fully explained).
(38 FR 20618, Aug. 2, 1973, as amended at 40 FR 20818, May 13, 1975;
44 FR 21267, Apr. 10, 1979)
41 CFR 114-51.102 Subpart 114-51.2 -- Furnishings in Personnel Quarters
41 CFR 114-51.200 Scope of subpart.
(a) This subpart prescribes policies and criteria governing the
provision of furnishings in:
(1) Government-owned or leased personnel quarters under the
jurisdiction of the Department of the Interior, wherever located and,
(2) Non-Government (privately leased) personnel quarters located in
Alaska, Hawaii, and areas outside the United States.
41 CFR 114-51.201 Definitions.
For purposes of this subpart, terms used herein shall have the
following meaning:
(a) Furnishings. Furniture, equipment, and miscellaneous items
necessary to provide a reasonable degree of livability in personnel
quarters, but not including:
(1) Television sets, radios, and other pleasurable but unnecessary
items and,
(2) Household goods such as, linen, cutlery, silverware, dishes, and
kitchen utensils.
(b) United States. The 50 States and the District of Columbia.
(c) Government quarters. Housing units owned or leased by the
Government for which the Government serves as landlord. These are
categorized as follows:
(1) Transient and seasonal quarters -- those quarters occupied by the
same personnel for a period of 4 months or less.
(2) Nonhousekeeping quarters -- those quarters provided to employees
who live on a furnished room or dormitory basis, including barracks and
bunkhouses.
(3) Housekeeping quarters -- those quarters which include a kitchen
as an integral part of each unit.
41 CFR 114-51.202 Policy.
It shall be the policy of the Department of the Interior to provide
furnishings in Government and non-Government quarters in accordance with
the criteria set out in the following subsections.
41 CFR 114-51.202-1 Housekeeping quarters in the United States.
Housekeeping quarters located in the United States generally shall be
provided to employees ''unfurnished,'' except that:
(a) Furnishings may be provided in Government quarters and in
non-Government quarters located in Alaska and Hawaii, when determined to
be advantageous to the Government.
(b) Furnishings may be authorized for Government quarters located in
remote and highly inaccessible areas where difficulties in
transportation and the length of normal tour of duty are such that it is
more economical for the Government to provide furnishings. An example
of this type of quarters might be a ranger station which is inaccessible
to most motor transportation. Mere remoteness from populous areas is
not enough to justify provision of furnishings. The following costs
shall be considered in evaluating relative economies and the total
thereof compared with the packing, crating, transportation, and other
costs of moving personally owned furnishings which would be incurred if
Government furnishings were not supplied:
(1) Cost of new furnishings.
(2) Delivery costs of new furnishings.
(3) Storage cost of furnishings not in use.
(4) Cost of moving furnishings in and out of the quarters.
(5) Cost of repairing furnishings.
(6) Cost of storing furnishings owned by occupants of furnished
quarters (including related transportation cost) when such storage at
Government expense is authorized by law.
(7) Cost of administering a ''furnishings'' program.
(c) Furnishings may be provided in Government quarters when deemed
necessary because the employee occupying the quarters is required to
accommodate or entertain visitors frequently as a part of his official
duties.
(d) Furnishings may be provided in Government quarters which are
normally occupied on a short-term basis (6 months or less) in connection
with training, orientation, or other form of special duty assignment.
(e) Some furnishings may be provided in Government quarters when only
specially designed or built-in furnishings can be used, such as in
mobile homes.
(f) A cooking stove and refrigerator may be provided in all
Government quarters.
(g) Deep freezers may be provided in Government quarters in remote
and isolated locations where the climate and geographical location
necessitate purchasing food in significantly larger than normal
quantities. Such provision must be approved in advance by an official
not below the chief administrative officer of the bureau.
(h) A washer and dryer may be provided in Government quarters if
specifically approved in advance by an official not below the chief
administrative officer of the bureau.
41 CFR 114-51.202-2 Government housekeeping quarters outside the United
States.
Government housekeeping quarters located outside the United States
generally will be provided with furnishings, except that:
(a) Unfurnished quarters, or partly furnished quarters, may be
provided at locations where assigned personnel are expected to remain on
a long-term basis (4 or more years).
(b) Unfurnished quarters, or partly furnished quarters, may be
provided at locations where it is determined, after giving consideration
to factors of overall economy, equity, and morale, than an exception to
the general rule of providing furnishings is clearly advantageous to the
Government.
(c) Furnishings may be supplied in Government quarters occupied by
locally hired personnel in the circumstances described in
114-51.202-1(b) and 114-51.202-1(e).
41 CFR 114-51.202-3 Non-Government housekeeping quarters outside the
United States.
Furnishings may be provided in non-Government quarters at specific
locations where it is determined, after giving consideration to factors
of overall economy, equity, and morale, that the provision of
furnishings is clearly advantageous to the Government.
41 CFR 114-51.202-4 Transient and seasonal quarters.
Bureaus and offices will provide such furnishings and household goods
as are necessary for this type of quarters, regardless of where located.
41 CFR 114-51.202-5 Nonhousekeeping quarters.
Bureaus and offices will provide such furnishings and household goods
as are necessary for this type of quarters, regardless of where located.
41 CFR 114-51.202-6 Reduction of shipping weight allowances.
Inasmuch as the reduction of shipping weight allowances for
transportation of furnishings, household goods, and personal effects is
necessary to effectuate the savings contemplated by the policies set
forth herein, bureaus and offices shall specifically provide for such
reductions when furnishings are provided by the Government.
41 CFR 114-51.203 Selection of furnishings.
The following criteria should be considered in the procurement of
furnishings to be provided by the Government pursuant to this subpart
114-51.2:
(a) Furnishings should be:
(1) Of good quality and within price ranges suitable to the proposed
quarters occupancy,
(2) Of commercial types and grades which are reasonably compatible
with personally owned items, and
(3) Appropriate for the climate and to the particular housing units
to be equipped, and the general styling and materials should be
consistent with those in common use in the locality, insofar as
practicable.
(b) Consideration should be given to simplicity, interchangeability,
adaptability to different room sizes, durability, ease of warehousing,
maintenance, and general acceptability to persons of different tastes.
41 CFR 114-51.203 Subpart 114-51.3 -- Assignment of Quarters
Source: 37 FR 20941, Oct. 5, 1972, unless otherwise noted.
41 CFR 114-51.300 Scope of subpart.
This subpart sets forth basic policies for the assignment, to
employees, of Government-owned or leased personnel quarters under the
jurisdiction of the Department of the Interior, wherever located.
41 CFR 114-51.301 Assignment policy.
Each Bureau having jurisdiction over Government-owned or leased
personnel quarters should develop and make known to all its employees a
quarters assignment policy with implementing procedures appropriate to
the number of quarters involved and the requirements of the bureau's
programs.
(a) Assignments of quarters to employees shall be made without regard
to race, color, creed, or national origin.
(b) In general once quarters reserved for station officials and for
employees required to reside at the station have been assigned, the
remaining quarters should be equitably assigned on an objective basis
with larger houses in terms of number of rooms going to larger families,
and larger houses in terms of size of rooms and houses of higher quality
going to higher salaried personnel.
41 CFR 114-51.302 Required occupancy.
(a) Statutory requirement. (1) The following quotation from 5 U.S.
C. 5911(e) provides that:
The head of an agency may not require an employee or member of a
uniformed service to occupy quarters on a rental basis, unless the
agency head determines that necessary service cannot be rendered, or
that property of the Government cannot adequately be protected,
otherwise.
(2) The authority to make the determination that an employee must
occupy Government quarters has been delegated to heads of Bureaus in 205
DM 10, with authority to redelegate.
(b) Policy. (1) Except in exceptional and usually temporary
circumstances, the only justification for the construction or retention
of Government-owned housing is the recognition of the fact that under
the circumstances necessary service cannot be rendered or property
protected otherwise. These circumstances often result in employees
being required to live in remote and inconvenient locations, to forego
the advantages of home ownership, and to adjust themselves to a
camp-like or semipublic environment. The paramount requirement of the
full discharge of management's responsibilities, however, makes it
necessary to insure that once a substantial investment is made in such
housing facilities that the United States is not deprived of the
expected benefits through any disinclination on the part of employees to
live at the place of their employment.
(2) Illustrative of some of the benefits which the Department
receives and has a right to expect from such occupancy are:
(i) The immediate availability of trained manpower to respond to
emergencies, such as outbreak of fires, canal breaks, storm damage, etc.
(ii) The presence of an adequate working force during the frequent
periods in winter when the roads to refuges, reservations, parks, and
construction projects are impassable.
(iii) Protection, guidance, information, and aid that may be given to
the large numbers of the general public visiting Interior installations
and parks, particularly those arriving or remaining after business
hours.
(iv) The protection to the entire installation that is inherent in
the knowledge by potential malefactors, such as vandals, arsonists,
poachers, thieves, and out-of-season hunters, that many people are
living on the premises around the clock and throughout the year.
(v) The protection and maintenance of the premises themselves
requires that they be occupied and heated to prevent rapid
deterioration.
(vi) The services that can be rendered by the continued availability
of employees at all hours to the direct beneficiaries other than the
general public of Interior programs, e.g., Indian families on
reservations, irrigation farmers on reclamation projects, etc.
(3) Most employees already appreciate fully and understand that for
the foregoing and additional reasons they are required to occupy
Government housing for the convenience of the Government. However, to
eliminate any misunderstanding on this matter, a written determination
to this effect should be made a part of the record in every instance
where such action should be taken to insure that the Government will not
be deprived of such benefits at the election of the employee.
(c) Appeals. The affected employees should be notified in writing
individually of any determinations affecting them, and also informed of
their right to appeal such action through proper channels. In the
consideration of such appeals, the fullest consideration will be given
to the personal desires of the employee, subject only to the paramount
requirements of the Government.
41 CFR 114-51.303 Assignment records.
A record shall be kept at the installation level to reflect all
housing assignments and periods of occupancy. Assignments to the
designated tenants should be made in writing on a form which clearly
sets out the rights and obligations of the tenant and the Government.
One copy of the assignment form shall be left with the tenant, and at
least one copy, signed by the tenant, should be retained by the
assigning office. The form should, as a minimum, list the equipment
provided; note existing damage to premises or equipment; state
requirements on subletting, assignment, sharing, or conducting
businesses on premises; termination of assignment and recapture of
quarters; specify which party will service equipment, cut grass, remove
snow, etc.; control painting and alteration; reserve right of
Government to enter to make safety and maintenance inspections; and in
general include information on any aspect of landlord-tenant
relationship which the Bureau's experience has shown is likely to arise
in quarters of the type or the location involved.
41 CFR 114-51.303 PART 114-52 -- ESTABLISHMENT OF QUARTERS RENTAL RATES
41 CFR 114-51.303 Subpart 114-52.1 -- General
Sec.
114-52.101 Scope.
114-52.102 Statutory authority.
114-52.103 Regulatory authority.
114-52.104 Statutory restrictions.
114-52.105 Definitions.
114-52.106 Rental rate principles.
114-52.107 Extension of comparability.
114-52.108 Quarters in the territories and possessions.
114-52.109 Employees in leave status.
114-52.110 Workroom used as quarters.
114-52.111 Departmental Quarters Handbook (DQH).
114-52.112 Information collection.
41 CFR 114-51.303 Subpart 114-52.2 -- Appraisals and Surveys
114-52.201 Base rent principles.
114-52.202 Appraisals.
114-52.203 Regional surveys.
114-52.204 Establishment of charges for utilities and related
services.
114-52.205 Establishment of charges for furnishings.
114-52.206 Records.
114-52.207 Periodic adjustments of base rental rates and related
charges.
41 CFR 114-51.303 Subpart 114-52.3 -- Administrative Adjustments to Base
Rental Rates
114-52.301 Adjustment policies.
114-52.302 Isolated locations.
114-52.303 Site amenities.
114-52.304 Impositions on privacy or living space.
114-52.305 Temporary quarters/maintenance of two households.
114-52.306 Inadequate size or quality.
114-52.307 Excessive size or quality.
114-52.308 Excessive heating and cooling.
114-52.309 Administrative review.
114-52.310 Adjustment for possessory interest tax payments.
114-52.311 Administrative relief.
41 CFR 114-51.303 Subpart 114-52.4 -- Implementation of New and Revised
Rental Rates
114-52.401 New quarters.
114-52.402 Existing quarters.
114-52.403 Tenant notification.
114-52.404 Rental period.
41 CFR 114-51.303 Subpart 114-52.5 -- Program Coordination
114-52.501 General.
114-52.502 Bureau responsibilities.
41 CFR 114-51.303 Subpart 114-52.6 -- Employee Participation and Appeals
114-52.601 Employee participation in rate setting processes.
114-52.602 Requests for reconsideration and appeals.
41 CFR 114-51.303 Subpart 114-52.7 -- Non-Federal (Private Party)
Quarters Rentals
114.52.701 General.
114.52.702 Basic policy.
114.52.703 Rate determination.
114.52.704 Interim rental of excess quarters.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c) and 5 U.S.C. 5911.
Source: 51 FR 44471, Dec. 10, 1986, unless otherwise noted.
41 CFR 114-51.303 Subpart 114-52.1 -- General
41 CFR 114-52.101 Scope.
The regulations in this part 114-52 apply to all Government-owned or
leased personnel quarters rented in support of Federal programs, whether
rented to employees of the holding Bureau, to employees of another
Interior Bureau or other Federal agency, or to nonfederal tenants who
are housed in order to facilitate the accomplishment of a Federal
program. They apply to rental quarters in the 50 states, the District
of Columbia, the territories and possessions, and Puerto Rico. These
regulations do not apply to:
(a) Government-owned or leased quarters, custody of which has been
transferred to a non-Federal entity pursuant to a written lease or
contract authorized by law.
(b) Quarters, which under proper authority, are rented to the public
for revenue pending future offical use or disposal.
41 CFR 114-52.102 Statutory authority.
Public Law 88-459, approved August 20, 1964, 5 U.S.C. 5911, provides
that quarters rental rates shall be based upon the reasonable value of
the quarters to the employee in the circumstances under which provided,
occupied, or made available.
41 CFR 114-52.103 Regulatory authority.
Office of Management and Budget (OMB) Circular No. A-45, revised,
(Policy Governing Charges for Rental Quarters and Related Facilities)
establishes the basic regulations governing the setting of quarters
rental rates, adjustments thereto, and charges for furnishings and
utilities. These are supplemented by the provisions of this part
114-52, and by the procedures outlined in the Departmental Quarters
Handbook (DQH), 400 DM. A copy of the DQH is available at each
installation.
41 CFR 114-52.104 Statutory restrictions.
Rental rates for quarters and charges for utilities may not be set so
as to provide a housing subsidy, serve as an inducement in the
recruitment or retention of employees, or encourage the occupancy of
available rental quarters. (See 5 U.S.C. 5536.)
41 CFR 114-52.105 Definitions.
The terms used in this part 114-52 are defined in the OMB Circular
A-45 and the DQH. The Department of the Interior adds the following
definitions:
(a) Net contract rent. The rental rate of the comparable housing
after adjusting for the value of any furniture, furnishings, services,
or utilities included in the rent.
(b) Same general area. The areas in or adjacent to the established
communities nearest a Government installation.
41 CFR 114-52.106 Rental rate principle.
Base rental rates and charges for utilities will be set at the rates
prevailing for comparable private housing in the same general area in
which the rental quarters are located. The procedures for doing so are
outlined in the OMB Circular A-45 and supplemented by this part 114-52
and by the procedures in the DQH.
41 CFR 114-52.107 Extension of comparability.
The principle of comparability with private rental practice may be
modified in the following circumstances:
(a) Where employees must occupy space for use as quarters which is
generally unsuitable for that purpose or where they must reside in
quarters which are suitable only for particular types of occupancy, such
as rooming houses, bunkhouses, bachelor quarters, residence hotel-type
structures, barracks-type structures, or guard and lookout cabins. In
these circumstances, where no comparable rental data are obtainable or
professional appraisals are not made, rental rates will be determined by
the square footage occupied, at a rate equivalent to one-half the base
rental rate per square foot charged for the nearest adequate rental
quarters of the same or any other Federal agency. Rates established in
this manner apply only to the shelter rental, with a separate charge for
any other facilities and services provided (such as water, heat, light,
and furniture) at rates comparable to those in the survey or appraisal
area.
(b) Where quarters are occupied on a temporary or transient basis --
normally for 60 days or less. Quarters so occupied will be charged for
at rates equivalent to private transient quarters of comparable type and
quality when available. Rates may be set on a nightly, weekly,
bi-weekly, or monthly basis as appropriate. Where comparable private
transient quarters are not available in the area, rates may be
established by determining the reasonable monthly rental rate for the
quarters and adding thereto an additional charge of 20 percent. The sum
of these will be divided by 30 to determine the nightly rate, or by 4
1/3 to determine the weekly rate.
(c) None of the administrative adjustments in 114-52.3 will be
applied to rents established in the manner described in paragraphs (a)
and (b) of this section.
41 CFR 114-52.108 Quarters in the territories and possessions.
The policies outlined in this part 114-52 also apply to quarters
located in the territories and possessions. Rents will be established
in accordance with these policies and the procedures outlined in the
DQH.
41 CFR 114-52.109 Employees in leave status.
Employees on leave or furlough, with or without pay, will continue to
be charged for quarters. Employees on leave or furlough for more than
30 days may vacate quarters and make them available for reassignment.
No charge will be made once the quarters are made available for
reassignment.
41 CFR 114-52.110 Workroom used as quarters.
(a) Where an employee is required to utilize alone, or with his/her
family a workroom as quarters, a reasonable charge shall be made for use
of the quarters. This charge should reflect the degree to which the
space is suitable for occupancy. The rental charge, for a lack of
private rental market comparables, shall be based on the principle of an
extension of comparability. Examples of facilities that could be
subject to this provision are guard stations, lookout towers, one room
cabins, administrative sites, observatories, etc.
(b) The above situations are distinguishable from those instances
where only a room or small portion of a quarters unit is required for
official business purposes. In the latter situation, the use of a
portion of the quarters as an office, workroom, etc., is considered an
intrusion into the living space, resulting in a loss of privacy, and an
adjustment is made in the base rental rate in accordance with
114-52.304.
41 CFR 114-52.111 Departmental Quarters Handbook (DQH).
A handbook has been prepared to supplement IPMR Parts 114-51 and
114-52. It provides detailed guidelines governing administration,
management and rental rate establishment activities related to
Government furnished quarters (GFQ). Bureau officials responsible for
administration and management of rental quarters are expected to have
and maintain current copies of the handbook. The handbook is issued as
a looseleaf service so that updated text material may be interleaved.
It is available for examination by all employees.
41 CFR 114-52.112 Information collection.
The information collection requirements contained in 114-52.201(c)
have been approved by the Office of Management and Budget under 44 U.S.
C. 3501 et seq. and assigned clearance number 1084-0007. The
information is being collected to provide a sample of private sector
rental rates in communities near government installations. The
information will be used to establish base rental for government
furnished quarters near the surveyed communities. Response is voluntary.
41 CFR 114-52.112 Subpart 114-52.2 -- Appraisals and Surveys
41 CFR 114-52.201 Base rent principles.
(a) As provided in subpart 114-52.1 of this part, rental quarters
including trailer spaces, shall be rented at rates (and furnishings,
utilities, and related services charged for at rates) prevailing for
comparable private housing and services in the same general area as
where the rental quarters are located. Generally, base rental rates
lower than those prevailing in the general area may not be charged for
GFQ, since this would be a form of employee subsidization specifically
forbidden by statute, Comptroller General decisions, and OMB
regulations. Conversely, base rental rates higher than those prevailing
in the general area should not be charged.
(b) It is recognized, however, that the rent actually charged (i.e.,
the reasonable value of the quarters to the employee) as established
under the rental valuation system promulgated under OMB Circular A-45,
as revised, does not necessarily equate to fair market valuation of the
comparables after required administrative adjustments are made to the
base rental rate. These administrative adjustments are designed to
provide a uniform basis for assessing differences in physical and
economic characteristics, and to establish reasonable value to the
employee in the circumstances under which the units are provided,
occupied, or made available.
(c) The determination of reasonable value of GFQ will be based upon
an impartial study of comparable private rental housing. There are two
methods that may be employed to determine the base rental rate. The
first, an appraisal, involves direct comparison with individual private
rental housing units. The second, a regional survey, creates a series
of economic models based upon a survey of comparable private rental
properties throughout the region.
(d) Where regional surveys are used for establishing rental rates,
the resulting rates will be utilized by all bureaus. The individual
bureaus are not authorized to conduct individual surveys or appraisals
in lieu of a regional survey directed by the Department.
(e) There will be an appraisal or a regional survey conducted at
least once every five years, or as otherwise appropriate to establish
the ''reasonable value'' of the GFQ for all Departmental quarters
meeting the OMB Circular A-45 definition of ''rental quarters''.
41 CFR 114-52.202 Appraisals.
When base rental rates are to be determined by the individual
appraisal method, only qualified real property appraisers (staff or
contract) may undertake the assignment. Such appraisals will be
reviewed for technical acceptance by qualified review appraisers, prior
to their use in establishing the monthly rental charge. Generally,
appraisals may only be conducted in those areas not covered by a
regional survey.
(a) Appraisals in urban and suburban locations. If Government
quarters are located in or within five miles of an established
community, in an urban or suburban location, the base rental rate may be
determined by either a staff or contract appraiser, applying recognized
real estate valuation principles, within the constraints outlined in the
OMB Circular A-45.
(1) Rental rates will be derived directly from the prevailing private
rental market in the appraisal community (which is normally the nearest
established community). It is not necessary that there be numerous
vacancies in the established community. However, if there is no rental
market in the nearest established community for one or more classes of
housing, the appraiser will proceed to the next closest established
community to secure comparable rental data for those rental classes.
(2) The appraiser will make direct comparative adjustments between
the comparables and the Government quarters.
(b) Appraisals in rural areas.
(1) Where GFQ are located in areas other than in or within five miles
of an established community (as defined OMB Circular A-45), the
appraiser will utilize comparable market rentals for that GFQ in the
nearest established community. If there is no rental market in that
community for one or more classes of housing, the appraiser will proceed
to the next closest established community to secure comparable rental
data for those rental classes.
(2) The appraiser will apply only physical characteristic adjustments
(adjusting the quarters to the comparables in their setting). No
adjustments will be made for isolation, amenities, imposition on privacy
and living space, excessive size or quality, or excessive heating and
cooling costs. These adjustments will be administratively applied by
the appropriate quarters officers.
(3) Further guidance is provided in the DQH.
41 CFR 114-52.203 Regional surveys.
Regional surveys may be used in all locations where Government
quarters are located. If the regional survey method is used, the base
rental rates will be set by means of a series of economic models that
utilize typical rental rates for comparable private rental housing in
the general area in which the Government quarters are located. The
actual analysis of rental data for the establishment of base rental
rates may be accomplished using appropriate statistical techniques, such
as step-wise multiple regression.
(a) The regional survey is the preferred method for establishing base
rental rates. It will be utilized by all Department of the Interior
bureaus where feasible.
(1) The boundaries of the regional survey areas will be established
by the Office of Acquisition and Property Management (PAM), in
consultation with the participating bureaus and agencies. The area
selected for survey should be large enough to permit an adequate
sampling of comparable rental properties in at least several established
communities and may encompass one or more States. Surveys will be
coordinated by the Director, PAM, unless other arrangements are
approved.
(2) The methods of analysis must be capable of recognizing different
physical characteristics and differences in economic conditions, and of
reflecting such differences in the base rents. Private rental housing
samples reflecting extremely high or low rental rates (i.e., 50% above
or below the regional average) should be excluded from analysis.
(b) Survey principles. The purpose of the regional survey is to
produce reasonable GFQ rents. Such reasonable rents are derived from
the analysis of market rents of comparable properties in established
communities nearest to concentrations of Government housing. The result
of the surveys is to be a general, cost-adjusted, market-derived base
rent schedule for the region and not the specific market appraisal of a
unit on a specific site in a specific neighborhood. This schedule will
reflect physical differences in structures and economic differences
between communities where these differences are shown to impact the
rental rate structure.
(c) Survey practices. The regional surveys will include the
following elements:
(1) A survey of the private sector rental market. The purpose of
this data collection is to gather community and private rental housing
data to be used for rent setting and establishing charges for related
facilities.
(2) Base rent tables. The base rental rate of a GFQ is derived from
the survey data in paragraph (c)(1) of this section, and is the
estimated value of that unit before applying any administrative
adjustments or charges for related facilities.
(3) A regional survey report that will be prepared and distributed to
the affected bureaus. The report should include, as a minimum: a list
of the communities surveyed, the base rent tables, and charges for
utilities and related services.
41 CFR 114-52.204 Establishment of charges for utilities and related
services.
Where practicable, utilities (electricity, gas, oil, propane, water,
etc.), and related services (sewer, garbage and trash disposal, cable
TV, etc.) shall be provided to occupants of Departmental quarters
directly by a private supplier and the occupants billed directly for
such services. Where the Government collects for services provided by a
private supplier, the final charges shall be the actual cost and may
also reflect the addition of an administrative charge to the occupant.
Where the Government furnishes the service, the charges should reflect
the cost of similar services provided renters of private rental housing
in the established communities or survey area. Charges to occupants of
rental quarters for utilities and related services, when furnished by
the Government will be established as follows:
(a) When utilities are capable of being individually metered and
related services measured, by application of the prevailing rates for
comparable utilities and related services in the community or survey
area used for comparison rental rates.
(b) When utilities cannot be individually metered and related
services measured, by the most appropriate of the following methods:
(1) Multiple housing units. By equitably prorating among the
occupants, the combined costs, determined through metering or measuring
the overall service, if possible, or otherwise by estimating same and by
applying prevailing rates for comparable private rental housing in the
community or survey area used for comparison of rental rates.
(2) Single family units. By comparison with the estimated cost of
such service to occupants of comparable private rental housing at the
time base rental rates are established, affirmed, or adjusted through a
private rental market survey.
(3) Bunkhouses/dormitories. Where bunkhouses or dormitory quarters
are provided, the rental rates shall combine the charges for shelter,
furnishings, utilities, and related services into a single monthly,
biweekly, weekly, or daily rate.
In either paragraph (a) or (b) of this section, the utility charge
shall be adjusted whenever changes occur in the prevailing rates for
comparable services in the locality or by annual application of the
Consumer Price Index (CPI).
41 CFR 114-52.205 Establishment of charges for furnishings.
(a) Charges to occupants of rental quarters for furnishings
(freezers, window air conditioners, washer, dryer, etc.) when provided
by the Government will be established as follows:
(1) By comparison with the cost of such service to tenants of
comparable private rental housing when base rental rates are
established, affirmed, or adjusted through a survey of the private
rental market; or
(2) If direct comparison is not available, through application of
replacement cost from a national schedule furnished by PAM.
(b) Central air conditioning will be considered to be real property,
not an appliance or furnishing, and an adjustment will be made in the
appraisal or regional survey as part of the base rental rate. Window
unit air conditioners are items of personal property and the proper
separate charge will be made administratively for them.
(c) A fireplace in a dwelling is part of the real estate and will be
considered in the appraisal or survey process when comparing properties.
No adjustment will be made for this item as a personal property
furnishing or appliance.