PART 102-35—DISPOSITION OF
PERSONAL PROPERTY
102-35.5— What
is the scope of the General Services Administration’s regulations on the
disposal of personal property?
102-35.10— How
are these regulations for the disposal of personal property organized?
102-35.15— What
are the goals of GSA’s personal property regulations?
102-35.20— What
definitions apply to GSA’s personal property regulations?
102-35.25— What
management reports must we provide?
102-35.30— What
actions must I take or am I authorized to take regardless of the property
disposition method?
§102-35.5—What is the scope of the General Services Administration’s
regulations on the disposal of personal property?
The General Services
Administration’s personal property disposal regulations are contained in this
part and in parts 102-36 through 102-42 of this subchapter B as well as in parts 101-42 and 101-45 of the Federal Property Management Regulations (FPMR)(41 CFR parts 101-42 and 101-45). With two exceptions, these regulations cover
the disposal of personal property under the custody and control of executive agencies
located in the
using the exchange/sale authority,
and §§102-36.380 through 102-36.400, which apply to the disposal of excess
property located in countries and areas not listed in this subpart, i.e., foreign excess personal
property. The legislative and judicial branches are encouraged to follow these
provisions for property in their custody and control.
§102-35.10—How are these regulations for the disposal of personal
property organized?
The General Services
Administration (GSA) has divided its regulations for the disposal of personal
property into the following program areas:
(a)
Disposition of excess personal property (part 102-36 of this subchapter B).
(b) Donation of surplus personal
property (part 102-37 of this subchapter B).
(c)
(d) Replacement of personal
property pursuant to the exchange/sale authority (part 102-39 of this
subchapter B).
(e) Disposition of seized and
forfeited, voluntarily abandoned, and unclaimed personal property (part 102-41
of this subchapter B).
(f) Utilization, donation, and
disposal of foreign gifts and decorations (part 102-42 of this subchapter B).
(g) Utilization and disposal of
hazardous materials and certain categories of property (part 101-42 of the
Federal Property Management Regulations (FPMR), 41 CFR part 101-42).
§102-35.15—What are the goals of GSA’s personal property regulations?
The goals of GSA’s personal
property regulations are to:
(a) Improve the identification
and reporting of excess personal property;
(b) Maximize the use of excess
property as the first source of supply to minimize expenditures for the
purchase of new property, when practicable;
Note to §102-35.15(b): If there are competing requests among
Federal agencies for excess property, preference will be given to agencies
where the transfer will avoid a new Federal procurement. A transfer to an agency where the agency will
provide the property to a non-Federal entity for the
non-Federal entity’s use will be secondary to Federal use.
(c) Achieve maximum public
benefit from the use of Government property through the donation of surplus
personal property to State and local public agencies and other eligible non-Federal recipients;
(d) Obtain the optimum monetary
return to the Government for surplus personal property sold and personal
property sold under the exchange/sale authority; and
(e) Reduce management and
inventory costs by appropriate use of the abandonment/destruction authority to
dispose of unneeded personal property that has no commercial value or for which
the estimated cost of continued care and handling would exceed the estimated
sales proceeds (see FMR §§102-36.305 through 102-36.330).
§102-35.20—What definitions apply to GSA’s personal property
regulations?
The following are definitions
of, or cross-references to, some key terms that apply to GSA’s personal
property regulations in the FMR (CFR Parts 102-36 through 102-42). Other personal
property terms are defined in the sections or parts to which they primarily
apply.
“Accountable Personal Property”
includes nonexpendable personal property whose expected useful life is two
years or longer and whose acquisition value, as determined by the agency,
warrants tracking in the agency’s property records, including capitalized and
sensitive personal property.
“Accountability” means the
ability to account for personal property by providing a complete audit trail
for property transactions from receipt to final disposition.
“Acquisition cost” means the
original purchase price of an item.
“Capitalized Personal Property”
includes property that is entered on the agency’s general ledger records as a
major investment or asset. An agency must determine its capitalization thresholds
as discussed in Financial Accounting Standard Advisory Board (FASAB) Statement
of Federal Financial Accounting Standards No. 6 Accounting for Property,
Plant and Equipment,
Chapter 1, paragraph 13.
“Control” means the ongoing
function of maintaining physical oversight and surveillance of personal
property throughout its complete life cycle using various property management
tools and techniques taking into account the environment in which the property
is located and its vulnerability to theft, waste, fraud, or abuse.
“Excess personal property” (see
§102-36.40 of this subchapter B).
“Exchange/sale” (see §102-39.20
of this subchapter B).
“Executive agency” (see
§102-36.40 of this subchapter B).
“Federal agency” (see §102-36.40
of this subchapter B).
“Foreign gifts and decorations”
(for the definition of relevant terms, see §102-42.10 of this subchapter B).
“Forfeited property” (see
§102-41.20 of this subchapter B).
“Inventory” includes a formal
listing of all accountable property items assigned to
an agency, along with a formal process to verify the condition, location, and
quantity of such items. This term may also be used as
a verb to indicate the actions leading to the development of a listing. In this
sense, an inventory must be conducted using an actual physical count,
electronic means, and/or statistical methods.
“National property management
officer” means an official, designated in accordance with §102-36.45(b) of this
subchapter B, who is responsible for ensuring effective acquisition, use, and
disposal of excess property within your agency.
“Personal property” (see
§102-36.40 of this subchapter B).
“Property management” means the
system of acquiring, maintaining, using and disposing of the personal property
of an organization or entity.
“Seized property” means personal
property that has been confiscated by a Federal agency, and whose care and
handling will be the responsibility of that agency until final ownership is
determined by the judicial process.
“Sensitive Personal Property”
includes all items, regardless of value, that require special control and
accountability due to unusual rates of loss, theft or misuse, or due to
national security or export control
considerations. Such property includes weapons, ammunition, explosives,
information technology equipment with memory capability, cameras, and communications equipment. These
classifications do not preclude agencies from specifying additional personal
property classifications to effectively manage their programs.
“Surplus personal property” (see
§102-37.25 of this subchapter B).
“Utilization” means the
identification, reporting, and transfer of excess personal property among
Federal agencies.
§102-35.25—What management reports must we provide?
(a) There are three reports that
must be provided. The report summarizing the property provided to non-Federal recipients
and the report summarizing exchange/sale transactions (see
§§102-36.295 and 102-39.75 respectively of this subchapter B) must be provided
every year (negative reports are required). In addition, if you conduct
negotiated sales of surplus personal property valued over
$5,000 in any year, you must report this transaction in accordance with
§102-38.115 (negative reports are not required for this report).
(b) The General Services
Administration (GSA) may request other reports as authorized by 40 U.S.C. 506(a)(1)(A).
§102-35.30—What actions must I take or am I authorized to take
regardless of the property disposition method?
Regardless of the disposition
method used:
(a) You must maintain property
in a safe, secure, and cost-effective manner until final disposition.
(b) You have authority to use
the abandonment/destruction provisions at any stage of the disposal process
(see §§102-36.305 through 102-36.330 and §102-38.70 of this subchapter B).
(c) You must implement policies
and procedures to remove sensitive or classified information from property prior
to disposal. Agency-affixed markings should be removed, if at all possible, prior to
personal property permanently leaving your agency’s control.
(d) Government-owned personal
property may only be used as authorized by your agency. Title to
Government-owned personal property cannot be transferred to a non-Federal entity unless through official
procedures specifically authorized by law.