310 FW 8, Reutilization and Disposal

8.2 Authority. The authority to reassign and transfer personal property to and from Service offices and to other bureaus and offices of the Department of the Interior (DOI), to obtain excess personal property from other Federal agencies, and to report and dispose of excess and surplus personal property is limited to those Service officials designated in 033 FW 7, unless stated otherwise.

8.3 Definitions. The following are definitions unique to this chapter:

A. Abandoned or other Unclaimed Personal Property. Personal property that is found on premises owned or leased by the Government and which is subject to the filing of a claim for by the former owner(s) within 3 years from the vesting of title in the United States.

B. Available Personal Property. Personal property which is no longer needed by one Service program and, therefore, is available to transfer to another Service program, or to another DOI bureau or office.

C. Excess Personal Property. Personal property which is no longer required by the Service, or by any other DOI bureau or office and, therefore, is available for transfer to another Federal agency.

D. Forfeited Personal Property. 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.

E. Non-Reportable Personal Property. Excess personal property not required to be reported to the General Services Administration except for sale purposes.

F. Personal Property. Government property of any kind or interest therein, except real property and records of the Federal Government. Specifically, personal property includes all equipment, materials, and supplies, unless or until incorporated in or permanently affixed to real property.

G. Reportable Personal Property. Excess personal property required to be reported to the General Services Administration.

H. Seized Personal Property. Personal property for which the Government does not have title, but which the Government has obtained custody or control of in accordance with those statutes administered by the Service.

I. Surplus Personal Property. Personal property for which there is no longer a need within the Federal Government and, therefore, is available for disposal by donation or sale outside the Federal Government.

J. Voluntarily Abandoned Property. Personal property abandoned to a Federal agency in such a manner as to vest title thereto in the United States.

8.4 General Policies.

A. Use of Available and Excess Personal Property. Available personal property from another Service program, or another DOI bureau or office, and excess personal property from other Federal agencies shall be utilized whenever possible in lieu of procurement of new property. Availability of property is determined through procedures outlined in 8.6.

B. Loan of Government-owned Personal Property to non-Federal Institutions, Organizations, or Individuals. Loans of this nature may not take place unless the approval procedures outlined in 8.15 have been accomplished.

C. Disposal of Personal Property. Personal property which is no longer required by a Service program shall not be disposed of through transfer to another Federal agency, donated, or sold, until a determination has been made that such property cannot be utilized elsewhere within the Service or DOI. This is accomplished through procedures outlined in 8.6.

8.5 Use and Replacement Standards. Prior to the purchase of new office furniture and office machines, all Service activities shall fulfill needs insofar as practical through redistribution, repair, or rehabilitation of Government-owned furniture and office machines.

A. Use Standards. Servicing contracting and general services (CGS) offices are responsible for complying with the policies and procedures governing use standards as outlined in the Federal Property Management Regulations (FPMR) 101-25.3 and 101-25.104.

B. Replacement Standards. Replacement standards for the following categories of Government-owned personal property shall be applied by servicing CGS offices as outlined in FPMR 101-25.4.
 
(1) Motor vehicles

(2) Office machines

(3) Furniture

(4) Materials handling equipment

8.6 Available Personal Property. In those instances where the Accountable Officer (AO) or Custodial Officer (CO) has determined that a need for the property no longer exists within the program area, the servicing CGS office shall circulate a listing of the available personal property to other Service activities and DOI bureaus and offices. This may be accomplished on either an SF-120, Report of Excess Personal Property, or by memorandum, at the discretion of the servicing CGS office. If a memorandum is used in lieu of the SF-120, it shall include the name and phone number of a contact person, and the location, description, condition code, and quantity of the property being reported. Items which meet the criteria for non-reportable property should not be made available within DOI unless the reporting office has reason to believe that there may be general interest in the property.

A. Transfers of Available Personal Property. Transfers will be prioritized according to the following schedule:

(1) Other Service offices in the same Region as the reporting office;

(2) Other Service offices outside the reporting Region; and

(3) Other DOI bureaus and offices.

B. Procedures for Processing and Approving Transfers.

(1) Transfers Within a Region.

(a) The transferring AO or CO prepares and signs the DI-104. A pending copy should be kept, and the original DI-104 forwarded to the receiving AO or CO.

(b) The receiving AO or CO signs the DI-104, retains one copy, and returns the original DI-104 to the transferring AO or CO.

(c) The transferring AO or CO retains one copy. If the transferred item is controlled property, the Accountable Officer should send the original DI-104 to the servicing CGS office. CGS will then document the change in ownership.
 
 (2) Transfers Outside a Region.

(a) The transferring AO or CO must first have the proposed transfer authorized by the servicing CGS office to ensure that no other office within the Region has a need for the property.

(b) Steps B.(1)(a) through B.(1)(c) above should be followed.

(c) If the item being transferred is controlled property, the CGS office which services the office transferring the property should send a copy of the signed DI-104 form and a copy of the property record to the CGS office which services the office receiving the property.

(3) Transfers to other DOI Bureaus and Offices.

(a) The transferring AO or CO must first have the proposed transfer authorized by the servicing CGS office to ensure that no office within the Service has a need for the property.

(b) Steps B.(1)(a) through B.(1)(c) above should be followed.

(c) If the item being transferred is controlled property, the CGS office which services the office transferring the property should send a copy of the signed DI-104 form and a copy of the property record to the receiving bureaus's property office.

8.7 Excess Personal Property. In those instances where personal property is no longer required by the Service, or by any other DOI bureau or office, it becomes excess and will be disposed of by the servicing CGS office in accordance with the provisions of FPMR 101-43 and the following supplemental instructions:

A. Property Reportable to GSA for Transfer, Donation, or Sale.

(1) The table shown in FPMR 101-43.4801(d) lists the groups and classes of excess personal property which are reportable to GSA. A line item will be reported when:

(a) It has a condition code the same as, or better than, any of the condition codes shown in the last column; and

(b) It has an acquisition cost, or standard price, of $1,000 or more, except furniture which will be reported if it has an acquisition cost, or standard price, of $500 or more.

(2) Reporting Procedures. Reports will be submitted to the appropriate GSA regional office on an SF-120, Report of Excess Personal Property, in accordance with instructions contained in FPMR 101-43.304 and 101-43.4901-120.

(a) Not all GSA Regional offices process the SF-120 uniformly. It may be necessary to mark on the SF-120 whether the property is to be screened only, or if you want GSA to sell the property. Follow instructions provided by the servicing GSA Regional office.

(3) Transfers to other Federal Agencies. All transfers of excess personal property between Federal agencies shall be accomplished on an SF-122, Transfer Order Excess Personal Property, or any other transfer order form approved by GSA, in accordance with FPMR 101-43.309-5. The SF-122 is prepared by the receiving agency in accordance with instructions contained in FPMR 101-43.4901-122. In those instances where the property has been reported to GSA on an SF-120 or the acquisition costs exceeds $5,000, the SF-122 must be approved by GSA before the transfer can be effected; in other instances, GSA approval is not required.

(4) Excess reportable personal property not transferred to other Federal agencies will become surplus at the close of business on the surplus release date assigned by GSA. This property will then be held available for donation program screening in accordance with FPMR 101-44 before a determination is made to sell, abandon, or destroy in accordance with the provisions of FPMR 101-45.

B. Property Not Reportable to GSA. FPMR 101-43.4801(d) also lists those groups and classes of excess personal property which are not reportable to GSA. Even though not reportable, such property is a valuable source of supply for other Federal agencies. CGS offices should maintain close coordination with the appropriate GSA regional office to ensure that this type of property is made available to those Federal agencies having a requirement for it.

(1) Exception. Transfers of non-reportable property must receive prior approval by GSA if:

(a) The property has been reserved at the holding location for special screening by GSA; or

(b) Its total acquisition cost is greater than $25,000.

(2) Excess non-reportable personal property not transferred to another Federal agency will be reported to GSA on an SF-126, Report of Personal Property for Sale. This property will then be held available for donation program screening in accordance with the provisions of FPMR 101-44 before a determination is made to sell, abandon, or destroy in accordance with the provisions of FPMR 101-45.

(3) Use of excess property on cost-reimbursement type contracts, cooperative agreements, and grants may be authorized in accordance with the provisions in 8.10C.

8.8 Surplus Personal Property. In those instances where there is no longer a need for excess personal property within the Federal Government, it becomes surplus, and GSA will conduct donation screening before making a determination to sell, abandon, or destroy such property.

A. Donation. Donations shall be accomplished on an SF-123, Transfer Order Surplus Personal Property, in accordance with the provisions of FPMR 101-44.112 and 101-44.4901-123-1. When the donation action has been completed, GSA will furnish the servicing CGS office with the executed SF-123 for adjustment of its property records.

B. Sale.

(1) If not transferred or donated, that property which has been reported to a GSA regional office on an SF-120 for utilization screening will be programmed for sale by the GSA regional office or the SF-120 will be returned with instructions for the agency to sell the property.

(2) Non-reportable property for which donation screening has been accomplished as provided in FPMR 101-44 shall be reported by the servicing CGS office to the appropriate GSA regional office on an SF-126, Report of Personal Property for Sale, in accordance with the provisions of FPMR 101-45.303.

(3) The GSA regional office will furnish the servicing CGS office with a copy of the completed SF-126 and other sales documentation for adjustment of property accountability records.

(4) Exemptions to the sales criteria established in FPMR 101-45 may be requested in writing from the General Services Administration. All such requests must be coordinated through the servicing CGS office.

(5) Sales of personal property to Service employees are permissible as provided in 8.9.

C. Abandonment or Destruction.

(1) Property may be abandoned or destroyed in accordance with FPMR 101-45.9 when a written determination is made 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 on the rights of other persons; and

(b) If at any time prior to the actual abandonment or destruction, donation becomes feasible, those procedures will be followed.

(2) Findings justifying abandonment or destruction shall be documented on an approved DI-103, Report of Survey, or DI-103A, Report of Unserviceable Property. These documents shall be processed as outlined in 310 FW 7.

8.9 Sale of Personal Property to Government Employees. All sales of personal property to Service employees are subject to the following regulations:

A. Under the provisions of (B) and (C) below, Service employees shall be eligible to bid only on:

(1) Surplus personal property reported to GSA and found to be surplus by GSA without regard to whether the sale is conducted by GSA or the Service. Except as provided in (D) below, Service employees will always be permitted to bid on such property.

(2) Motor vehicles and other personal property being sold for replacement purposes pursuant to exchange/sale authority, provided such property meets prescribed replacement standards.

B. Personal property may be sold to Service employees only by the publicly advertised sealed bid or public auction sales methods.

C. Notices of Public Auction and Invitations to Bid will state the extent to which Service employees are eligible to bid. The notice will also require that any Service employee submitting a bid must reveal that they are employed by the Service, and provide the name of the employing activity and their position within that activity.

D. Awards shall not be made to:

(1) Any Service employee who served on a board of survey with regard to the property being sold; determined it was no longer needed; or is connected directly with any aspect of the sale; or

(2) Any Service employee whose past association with the property being sold has been such that the employee might reasonably be considered to be bidding from an advantageous position. For example, this would eliminate all employees in a specific field station where an item of property is located and being sold, or

(3) Immediate family members (spouses and children) of employees identified above.

8.10 Special Categories of Excess and Surplus Property.

A. Automatic Data Processing Equipment (ADP) and Software.

(1) Servicing CGS offices are responsible for complying with the provisions of the Federal Information Resources Management Regulation (FIRMR) 201-23.000 when declaring ADP equipment and/or software as excess or surplus.

(2) Servicing CGS offices shall coordinate the reassignment of ADP equipment and software with the servicing Information and Resources Management (IRM) office.

B. Firearms.

(1) Firearms are categorized as dangerous property. The utilization, sale, abandonment, and destruction of firearms is to be accomplished in compliance with FPMR 101-42.1102-10.

(2) No firearm may be transferred to another DOI bureau or office unless the requesting Property Officer or higher authority has provided written documentation which certifies that the bureau or office is authorized by its statutes and mission to use firearms in the course of performing law enforcement duties. This statement will become a part of the official transfer documentation.

(3) Excess firearms shall be reported or otherwise made available to GSA in accordance with FPMR 101-43.3.

(4) Firearms may be transferred only to those Federal agencies authorized to acquire firearms for official use. Transfer requests will be reviewed and approved by the appropriate GSA regional office.

(5) Surplus firearms and ammunition shall not be donated.

(6) Firearms shall not be abandoned.

(7) Unserviceable firearms or those firearms which have not been reassigned to another Interior bureau or Federal agency should be disposed of by smelting or making inoperable as described in (8) below. Destruction should be documented on an approved DI-103, Report of Survey.

(8) 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 firearm is rendered completely inoperative and to preclude its being made operative. Such sales shall be conducted in compliance with FPMR 101-45.3.

C. Use of Excess Property on Cost-Reimbursement Type Contracts, Cooperative Agreements, and Grants. Contracting officers are responsible for complying with policies and procedures governing the use of excess personal property on cost-reimbursement type contracts, cooperative agreements, and grants as set forth in FPMR 101-43.312, 101-43.313, and 101-43.314. Supplemental instructions follow:

(1) The Service will not obtain excess personal property for transfer to a State for its use on Federal Aid project grants. For the purpose of this paragraph, the term "project grant" means a grant made for a specific purpose with a specific termination date. The Assistant Regional Director - Budget and Administration, or the Assistant Director - Policy, Budget and Administration, may grant an exception to this policy. Should an exception be granted to this policy, offices should be aware of the following:

(a) The Service must pay an amount equal to 25 percent of the original acquisition cost (excluding care and handling) of the property to the U.S. Treasury as miscellaneous receipts.

(b) Property obtained by the Service from excess sources for other purposes shall not be subsequently furnished to a grantee unless the Service pays an amount equal to 25 percent of the original acquisition cost and deposits such payment into the U.S. Treasury as miscellaneous receipts.

(c) Title to excess property so furnished shall be vested in the grantee and shall be accounted for as prescribed in 8.10C(2).

(d) The amount of excess property (in terms of original acquisition cost) transferred to a project grantee is limited to the dollar value of the grant. Any higher percentage of excess property transferred to a project grantee requires approval by the Division of Contracting and General Services, Washington Office.

(e) Servicing CGS offices shall furnish the Division of Contracting and General Services, Washington Office, two copies of each transfer order submitted to GSA for excess personal property to be made available to a project grantee.

(2) Servicing CGS offices shall establish and maintain a recordkeeping system that will provide, at a minimum, the following data on all personal property obtained as excess property and subsequently furnished to a recipient other than a Federal agency:

(a) Name and address of the recipient.

(b) Status of recipient; for example, cost-reimbursement type contractor or project grantee. If property was acquired under two or more arrangements, each arrangement shall be specified.

(c) Complete description of each item of property, serial number, and applicable two-digit Federal Supply Classification (FSC) group (i.e., 43 - pumps and compressors, 51 - hand tools, 65 - medical, dental, veterinary equipment and supplies, and 71 - furniture).

(d) Date of transfer to contractor/grantee.

(e) Document reference (transfer document).

(f) Acquisition cost of each item of property.

(g) Ownership of property under terms of contract/grant.

(3) In addition, the following data will be maintained for grants:

(a) Date of grant termination.

(b) Dollar value of grant.

(c) Original acquisition cost of property furnished, expressed as a percentage of the total dollar value of the grant.

(4) Servicing CGS offices shall designate one individual to act as the Regional "excess personal property coordinator" who will coordinate all actions concerning excess personal property furnished to a recipient other than a Federal agency on cost-reimbursement type contracts and grants. Transfer orders for excess personal property must be approved by one of those Service officials designated in 033 FW 7.

(5) All excess property acquired for use on cost-reimbursement type contracts, cooperative agreements, and grants are subject to the annual reporting requirements of FPMR 101-43.4701(c). The format for this report is provided as Exhibit 1 to this chapter.

8.11 Utilization and Disposal of Personal Property Pursuant to Exchange/Sale Authority. Servicing CGS offices are responsible for complying with policies and procedures governing the utilization and disposal of personal property pursuant to exchange/sale authority as outlined in FPMR 101-46.

8.12 Utilization, Donation, or Disposal of Abandoned and Forfeited Personal Property.

A. Responsibility. Servicing CGS offices are responsible for complying with the policies and procedures governing the utilization, donation, or disposal of abandoned and forfeited personal property as set forth in FPMR 101-48, and the following supplemental instructions. Additional regulations governing the utilization, donation, and disposal of forfeited property acquired in the performance of law enforcement duties are listed in 8.13.

B. Vesting of Title in the United States.

(1) Abandoned or other unclaimed personal 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. 4848(m)), shall remain in the custody of and be the responsibility of the Regional or Washington Office finding such property.

(2) If the identity of the property owner is known, a certified letter shall be mailed to the owner within 20 days of finding such property. This letter shall state that if the property is not claimed within 30 days from the postmark date of the letter, title to the property will vest in the United States.

(3) If the owner of the property is not known, the property will be held for a period of 30 days at which time title to the property vests in the United States.

(4) In accordance with the provisions of FPMR 101-48, property owners have 3 years in which to submit a claim for abandoned or other unclaimed property.

C. Records. Records of abandoned or other unclaimed property shall be maintained in such a manner as to permit identification of the property by the owner. These records shall be maintained until the 3 year period for filing claims has elapsed.

D. Proceeds. Reimbursement for official use by the finding Regional or Washington Office of abandoned or other unclaimed property shall be deposited in a special Service fund for a period of at least 3 years. A former owner may be reimbursed from the special fund, based upon a proper claim to the finding office 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 Regional or Washington office. Proceeds from the sale of abandoned or other unclaimed property that have been placed in a special Service fund for more than 3 years shall be deposited in the Treasury of the United States as miscellaneous receipts, or in such other Service accounts as provided by law.

8.13 Seized, Forfeited and Voluntarily Abandoned Personal Property.

A. Service law enforcement officers who seize any evidence, including property subject to forfeiture, or who accept voluntarily abandoned personal property are fully responsible for that property until it has been transferred to another official and a chain of custody form or other document is executed relieving responsibility. Once a Service official signs a chain of custody form or other document as a recipient, he/she becomes fully responsible for that property until it is released.

B. All seized, forfeited, and voluntarily abandoned personal property shall be stored in facilities that are secure against loss, theft, or destruction at all times to the degree which is commensurate with the value and type of property being stored. Detailed procedures for the care, custody, and control of seized and forfeited property are found in 50 CFR 12.

C. Assistant Regional Directors for Law Enforcement are responsible for notifying the servicing CGS office when court proceedings are completed and a determination has been made to retain controlled personal property for use by the Service. Personal property retained for use by the Service will be managed in accordance with the procedures found in 310 FW, with the exception of wildlife and plants.

D. Wildlife and plants acquired through seizure, forfeiture, or abandonment shall be retained and disposed of in accordance with 50 CFR 12.

8.14 Utilization and Disposal of Hazardous Materials

A. Responsibility. Servicing CGS offices are responsible for complying with policies and procedures governing the utilization and disposal of hazardous materials and certain categories of property as outlined in FPMR 101-42.

B. Handling Hazardous Materials. Many hazardous materials require special storage and handling. Accountable and/or Custodial Officers should contact their Safety Manager for guidance on the proper storage of hazardous materials and the use of appropriate safeguards such as warning signs, labels, and protective equipment. See Industrial Hygiene (242 FW) and Pollution Control Compliance Requirements (561 FW).

8.15 Loan of Government-owned Personal Property to Non-Federal Institutions, Organizations, or Individuals.

A. Requests to loan Government-owned personal property on a temporary basis to non-Federal institutions, organizations, or individuals shall be submitted to the Division of Contracting and General Services, Washington Office, for joint consideration and approval by that office and the Office of the Solicitor, Department of the Interior.

B. At a minimum, each request must include the following:

(1) Justification that the loan will be beneficial to the Fish and Wildlife Service. (A loan for the purpose of fostering good public or personal relations is not considered adequate justification.)

(2) A statement that the property to be loaned is not currently required by personnel to carry out the responsibilities of the office making the loan.

(3) A statement that there is no other source from which the required property can be obtained to accomplish the purpose and mission of the proposed project or program.

C. The above does not apply to loans for projects or programs supported by a formal Service contract, cooperative agreement, or Federal grant. Such loans should be incorporated into the appropriate supporting document.

8.16 Annual Personal Property Report - Excess Property Furnished to Recipient Other than a Federal Agency (Report Symbol R310-8A).

A. The Annual Personal Property Report - Excess Property Furnished to Recipient Other than a Federal Agency - is a fiscal year report of personal property obtained as excess property, or as property determined to be no longer required for the purposes of the appropriation from which purchased, and subsequently furnished in any manner whatsoever to any recipient other than a Federal agency. This report is to be completed by the servicing CGS offices and shall include all personal property, without cost limitation, furnished to the recipient. It should not include surplus property approved by GSA for donation under the provisions of FPMR 101-44. This report is required in FPMR 101-43.4701.

B. This report is to be prepared in accordance with the format shown in Exhibit 1 and is due in the Division of Contracting and General Services, Washington Office, no later than November 15.