[Title 41 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2000 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
41
Chapters 102 to 200
Revised as of July 1, 2000
Public Contracts and Property Management
Containing a Codification of documents of general
applicability and future effect
As of July 1, 2000
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
As a Special Edition of the Federal Register
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
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Table of Contents
Page
Explanation................................................. v
Title 41:
Subtitle C--Federal Property Management Regulations System
(Continued):
Chapter 102--Federal management regulation 5
Chapters 103-104 [Reserved]
Chapter 105--General Services Administration 81
Chapter 109--Department of Energy Property
Management Regulations 261
Chapter 114--Department of the Interior 327
Chapter 115--Environmental Protection Agency 331
Chapter 128--Department of Justice 335
Chapters 129- 200 [Reserved]
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
Finding Aids:
Table of CFR Titles and Chapters........................ 355
Alphabetical List of Agencies Appearing in the CFR...... 373
[[Page iv]]
Redesignation Table..................................... 383
List of CFR Sections Affected........................... 385
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 41 CFR 102-2.5
refers to title 41, part
102-2, section .5.
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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.
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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Each volume of the Code contains amendments published in the Federal
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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.
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Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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The Federal Register Index is issued monthly in cumulative form.
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A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
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There are no restrictions on the republication of material appearing
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CFR Sections Affected), The United States Government Manual, the Federal
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The Office of the Federal Register also offers a free service on the
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2000.
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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 3).
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 Travel Regulation System in chapters 300-304 of subtitle
F is 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, 2000.
Redesignation tables appear in the finding aids section of the
volumes containing chapter 101 and chapters 102 to 200.
For this volume, Kenneth R. Payne was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
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[[Page 1]]
TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
(This book contains chapters 102 to 200)
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Part
SUBTITLE C--Federal Property Management Regulations System (Continued):
chapter 102--Federal Management Regulation................. 102-2
chapters 103-104 [Reserved]
chapter 105--General Services Administration................ 105-1
chapter 109--Department of Energy Property Management
Regulations............................................... 109-1
chapter 114--Department of the Interior..................... 114-51
chapter 115--Environmental Protection Agency................ 115-1
chapter 128--Department of Justice.......................... 128-1
chapters 129-200 [Reserved]
SUBTITLE D--Other Provisions Relating to Property Management [Reserved]
[[Page 3]]
Subtitle C--Federal Property Management Regulations System (Continued)
[[Page 5]]
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
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SUBCHAPTER A--GENERAL
Part Page
102-1 General [Reserved]
102-2 Federal management regulation system........ 7
102-3 Advisory committee management [Reserved]
102-4 Nondiscrimination in Federal financial assistance programs
[Reserved]
102-5--102-30 [Reserved]
SUBCHAPTER B--PERSONAL PROPERTY
102-31 General [Reserved]
102-32 Management of personal property [Reserved]
102-33 Management of aircraft [Reserved]
102-34 Motor vehicle management.................... 12
102-35 Disposition of personal property [Reserved]
102-36 Disposition of excess personal property..... 27
102-37--102-70 [Reserved]
SUBCHAPTER C--REAL PROPERTY
102-71 General [Reserved]
102-72 Delegation of authority [Reserved]
102-73 Real estate acquisition [Reserved]
102-74 Facility management [Reserved]
102-75 Disposition of real property [Reserved]
102-76 Design and construction [Reserved]
102-77 Art-in-architecture [Reserved]
102-78 Historic preservation [Reserved]
102-79 Assignment and utilization of space [Reserved]
102-80 Safety and environmental management [Reserved]
102-81 Security [Reserved]
102-82 Utility services [Reserved]
102-83 Centralized services in Federal buildings and complexes
[Reserved]
102-84 Annual real property inventories [Reserved]
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102-85--102-115 [Reserved]
SUBCHAPTER D--TRANSPORTATION
102-116 General [Reserved]
102-117 Transportation management [Reserved]
102-118 Transportation payment and audit............ 52
102-119--102-140 [Reserved]
SUBCHAPTER E--TRAVEL MANAGEMENT
102-141 General [Reserved]
102-142--102-170 [Reserved]
SUBCHAPTER F--TELECOMMUNICATIONS
102-171 General [Reserved]
102-172 Telecommunications management policy [Reserved]
102-173--102-190 [Reserved]
SUBCHAPTER G--ADMINISTRATIVE PROGRAMS
102-191 General [Reserved]
102-192 Mail management [Reserved]
102-193 Records management [Reserved]
102-194 Standard and optional forms program [Reserved]
102-195 Interagency reports management program [Reserved]
102-196 Federal facility ridesharing [Reserved]
102-197--102-220 [Reserved]
SUBCHAPTER H-SUBCHAPTER Z [RESERVED]
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SUBCHAPTER A--GENERAL
PART 102--GENERAL [RESERVED]
PART 102-2--FEDERAL MANAGEMENT REGULATION SYSTEM--Table of Contents
Subpart A--Regulation System
General
Sec.
102-2.5 What is the Federal Management Regulation (FMR)?
102-2.10 What is the FMR's purpose?
102-2.15 What is the authority for the FMR system?
102-2.20 Which agencies are subject to the FMR?
102-2.25 When are other agencies involved in developing the FMR?
102-2.30 Where and in what formats is the FMR published?
102-2.35 How is the FMR distributed?
102-2.40 May an agency issue implementing and supplementing regulations
for the FMR?
Numbering
102-2.45 How is the FMR numbered?
102-2.50 How do I number my agency's implementing regulations?
102-2.55 How do I number my agency's supplementing regulations?
Deviations
102-2.60 What is a deviation from the FMR?
102-2.65 When may agencies deviate from the FMR?
102-2.70 What are individual and class deviations?
102-2.75 What timeframes apply to deviations?
102-2.80 What steps must an agency take to deviate from the FMR?
102-2.85 What are the reasons for writing to GSA about FMR deviations?
102-2.90 Where should my agency send its correspondence on an FMR
deviation?
102-2.95 What information must agencies include in their deviation
letters to GSA?
102-2.100 Must agencies provide GSA with a follow-up analysis of their
experience in deviating from the FMR?
102-2.105 What information must agencies include in their follow-up
analysis?
102-2.110 When must agencies provide their follow-up analysis?
Non-Regulatory Material
102-2.115 What kinds of non-regulatory material does GSA publish
outside of the FMR?
102-2.120 How do I know whom to contact to discuss the regulatory
requirements of programs addressed in the FMR?
102-2.125 What source of information can my agency use to identify
materials that describe how to do business with GSA?
Subpart B--Forms
102-2.130 Where are FMR forms prescribed?
102-2.135 How do agencies obtain forms prescribed by the FMR?
Subpart C--Plain Language Regulatory Style
102-2.140 What elements of plain language appear in the FMR?
102-2.145 To what do pronouns refer when used in the FMR?
Authority: 40 U.S.C. 486(c).
Source: 64 FR 39085, July 21, 1999, unless otherwise noted.
Subpart A--Regulation System
General
Sec. 102-2.5 What is the Federal Management Regulation (FMR)?
The Federal Management Regulation (FMR) is the successor regulation
to the Federal Property Management Regulations (FPMR). It contains
updated regulatory policies originally found in the FPMR. However, it
does not contain FPMR material that described how to do business with
the General Services Administration (GSA). ``How to'' materials on this
and other subjects are available in customer service guides, handbooks,
brochures and Internet websites provided by GSA. (See Sec. 102-2.125.)
Sec. 102-2.10 What is the FMR's purpose?
The FMR prescribes policies concerning property management and
related administrative activities. GSA issues the FMR to carry out the
Administrator of General Services' functional responsibilities, as
established by statutes, Executive orders, Presidential memoranda,
Circulars and bulletins issued by the Office of Management and Budget
(OMB), and other policy directives.
[[Page 8]]
Sec. 102-2.15 What is the authority for the FMR system?
The Administrator of General Services prescribes and issues the FMR
under the authority of the Federal Property and Administrative Services
Act of 1949, as amended, 40 U.S.C. 486(c), as well as other applicable
Federal laws and authorities.
Sec. 102-2.20 Which agencies are subject to the FMR?
The FMR applies to executive agencies unless otherwise extended to
Federal agencies in various parts of this chapter. The difference
between the two terms is that Federal agencies include executive
agencies plus establishments in the legislative or judicial branch of
the Government. See paragraphs (a) and (b) of this section for the
definitions of each term.
(a) What is an executive agency? An executive agency is any
executive department or independent establishment in the executive
branch of the Government, including any wholly-owned Government
corporation. (See 40 U.S.C. 472(a).)
(b) What is a Federal agency? A Federal agency is any executive
agency or any establishment in the legislative or judicial branch of the
Government (except the Senate, the House of Representatives, and the
Architect of the Capitol and any activities under that person's
direction). (See 40 U.S.C. 472(b).)
Sec. 102-2.25 When are other agencies involved in developing the FMR?
Normally, GSA will ask agencies to collaborate in developing parts
of the FMR.
Sec. 102-2.30 Where and in what formats is the FMR published?
Proposed rules are published in the Federal Register. FMR bulletins
are published in looseleaf format. FMR interim and final rules are
published in the following formats--
(a) Federal Register under the ``Rules and Regulations'' section.
(b) Loose-leaf. (See Sec. 102-2.35.)
(c) Code of Federal Regulations (CFR), which is an annual
codification of the general and permanent rules published in the Federal
Register. The CFR is available on line and in a bound-volume format.
(d) Electronically on the Internet.
Sec. 102-2.35 How is the FMR distributed?
(a) A liaison appointed by each agency provides GSA with their
agency's distribution requirements of the looseleaf version of the FMR.
Agencies must submit GSA Form 2053, Agency Consolidated Requirements for
GSA Regulations and Other External Issuances, to--General Services
Administration, Office of Communications (X), 1800 F Street, NW,
Washington, DC 20405.
(b) Order Federal Register and Code of Federal Regulations copies of
FMR material through your agency's authorizing officer.
Sec. 102-2.40 May an agency issue implementing and supplementing regulations for the FMR?
Yes, an agency may issue implementing regulations (see Sec. 102-
2.50) to expand upon related FMR material and supplementing regulations
(see Sec. 102-2.55) to address subject material not covered in the FMR.
The Office of the Federal Register assigns chapters in Title 41 of the
Code of Federal Regulations for agency publication of implementing and
supplementing regulations.
Numbering
Sec. 102-2.45 How is the FMR numbered?
(a) All FMR sections are designated by three numbers. The following
example illustrates the chapter (it's always 102), part, and section
designations:
[[Page 9]]
[GRAPHIC] [TIFF OMITTED] TR21JY99.001
(b) In the looseleaf version, the month, year, and number of FMR
amendments appear at the bottom of each page.
Sec. 102-2.50 How do I number my agency's implementing regulations?
The first three-digit number represents the chapter number assigned
to your agency in Title 41 of the CFR. The part and section numbers
correspond to FMR material. For example, if your agency is assigned
Chapter 130 in Title 41 of the CFR and you are implementing Sec. 102-
2.60 of the FMR, your implementing section would be numbered Sec. 130-
2.60.
Sec. 102-2.55 How do I number my agency's supplementing regulations?
Since there is no corresponding FMR material, number the
supplementing material ``601'' or higher. For example, your agency's
supplementing regulations governing special services to states might
start with Sec. 130-601.5.
Deviations
Sec. 102-2.60 What is a deviation from the FMR?
A deviation from the FMR is an agency action or policy that is
inconsistent with the regulation. (The deviation policy for the FPMR is
in 41 CFR part 101-1.)
Sec. 102-2.65 When may agencies deviate from the FMR?
Because, it consists primarily of set policies and mandatory
requirements, deviation from the FMR should occur infrequently. However,
to address unique circumstances or to test the effectiveness of
potential policy changes, agencies may be able to deviate from the FMR
after following the steps described in Sec. 102-2.80.
Sec. 102-2.70 What are individual and class deviations?
An individual deviation is intended to affect only one action. A
class deviation is intended to affect more than one action (e.g.,
multiple actions, the actions of more than one agency, or individual
agency actions that are expected to recur).
Sec. 102-2.75 What timeframes apply to deviations?
Timeframes vary based on the nature of the deviation. However,
deviations cannot be open-ended. When consulting with GSA about using an
individual or class deviation, you must set a timeframe for the
deviation's duration.
Sec. 102-2.80 What steps must an agency take to deviate from the FMR?
(a) Consult informally with appropriate GSA program personnel to
learn more about how your agency can work within the FMR's requirements
instead of deviating from them. The consultation process may also
highlight reasons why an agency would not be permitted to deviate from
the FMR; e.g., statutory constraints.
(b) Formally request a deviation, if consultations indicate that
your agency needs one. The head of your agency or a designated official
should write to GSA's Regulatory Secretariat to the attention of a GSA
official in the program office that is likely to consider the deviation.
(See the FMR bulletin that lists contacts in GSA's program offices and
Sec. 102-2.90.) The written request must fully explain the reasons for
the deviation, including the benefits that the agency expects to
achieve.
Sec. 102-2.85 What are the reasons for writing to GSA about FMR deviations?
The reasons for writing are to:
[[Page 10]]
(a) Explain your agency's rationale for the deviation. Before it can
adequately comment on a potential deviation from the FMR, GSA must know
why it is needed. GSA will compare your need against the applicable
policies and regulations.
(b) Obtain clarification from GSA as to whether statutes, Executive
orders, or other controlling policies, which may not be evident in the
regulation, preclude deviating from the FMR for the reasons stated.
(c) Establish a timeframe for using a deviation.
(d) Identify potential changes to the FMR.
(e) Identify the benefits and other results that the agency expects
to achieve.
Sec. 102-2.90 Where should my agency send its correspondence on an FMR deviation?
Send correspondence to: General Services Administration, Regulatory
Secretariat (MVRS), Office of Governmentwide Policy, 1800 F Street, NW,
Washington, DC 20405.
Sec. 102-2.95 What information must agencies include in their deviation letters to GSA?
Agencies must include:
(a) The title and citation of the FMR provision from which the
agency wishes to deviate;
(b) The name and telephone number of an agency contact who can
discuss the reason for the deviation;
(c) The reason for the deviation;
(d) A statement about the expected benefits of using the deviation
(to the extent possible, expected benefits should be stated in
measurable terms);
(e) A statement about possible use of the deviation in other
agencies or Governmentwide; and
(f) The duration of the deviation.
Sec. 102-2.100 Must agencies provide GSA with a follow-up analysis of their experience in deviating from the FMR?
Yes, agencies that deviate from the FMR must also write to the
relevant GSA program office at the Regulatory Secretariat's address (see
Sec. 102-2.90) to describe their experiences in using a deviation.
Sec. 102-2.105 What information must agencies include in their follow-up analysis?
In your follow-up analysis, provide information that may include,
but should not be limited to, specific actions taken or not taken as a
result of the deviation, outcomes, impacts, anticipated versus actual
results, and the advantages and disadvantages of taking an alternative
course of action.
Sec. 102-2.110 When must agencies provide their follow-up letters?
(a) For an individual deviation, once the action is complete.
(b) For a class deviation, at the end of each twelve-month period
from the time you first took the deviation and at the end of the
deviation period.
Non-Regulatory Material
Sec. 102-2.115 What kinds of non-regulatory material does GSA publish outside of the FMR?
As GSA converts the FPMR to the FMR, non-regulatory materials in the
FPMR, such as guidance, procedures, standards, and information, that
describe how to do business with GSA, will become available in separate
documents. These documents may include customer service guides,
handbooks, brochures, Internet websites, and FMR bulletins. GSA will
eliminate non-regulatory material that is no longer needed.
Sec. 102-2.120 How do I know whom to contact to discuss the regulatory requirements of programs addressed in the FMR?
Periodically, GSA will issue for your reference an FMR bulletin that
lists program contacts with whom agencies can discuss regulatory
requirements. At a minimum, the list will contain organization names and
telephone numbers for each program addressed in the FMR.
Sec. 102-2.125 What source of information can my agency use to identify materials that describe how to do business with GSA?
The FMR establishes policy; it does not specify procedures for the
acquisition of GSA services. However, as a service to users during the
transition
[[Page 11]]
from the FPMR to the FMR and as needed thereafter, GSA will issue FMR
bulletins to identify where to find information on how to do business
with GSA. References include customer service guides, handbooks,
brochures, Internet websites, etc.
Subpart B--Forms
Sec. 102-2.130 Where are FMR forms prescribed?
In any of its parts, the FMR may prescribe forms and the
requirements for using them.
Sec. 102-2.135 How do agencies obtain forms prescribed by the FMR?
For copies of the forms prescribed by in the FMR, do any of the
following:
(a) Write to us at: General Services Administration, National Forms
and Publications Center (7CPN), Warehouse 4, Dock No. 1, 501 West Felix
Street, Fort Worth, TX 76115.
(b) Send e-mail messages to: NFPC@gsa-7FDepot.
(c) Visit our web site at: www.gsa.gov/forms/forms.htm.
Subpart C--Plain Language Regulatory Style
Sec. 102-2.140 What elements of plain language appear in the FMR?
The FMR is written in a ``plain language'' regulatory style. This
style is easy to read and uses a question and answer format directed at
the reader, active voice, shorter sentences, and, where appropriate,
personal pronouns.
Sec. 102-2.145 To what do pronouns refer when used in the FMR?
Throughout its text, the FMR may contain pronouns such as, but not
limited to, we, you, and I. When pronouns are used, each subchapter of
the FMR will indicate whether they refer to the reader, an agency, GSA,
or some other entity. In general, pronouns refer to who or what must
perform a required action.
PART 102-3--ADVISORY COMMITTEE MANAGEMENT [RESERVED]
PART 102-4--NONDISCRIMINATION IN FEDERAL FINANCIAL ASSISTANCE PROGRAMS
[RESERVED]
PARTS 102-5--102-30 [RESERVED]
[[Page 12]]
SUBCHAPTER B--PERSONAL PROPERTY
PART 102-31--GENERAL [RESERVED]
PART 102-32--MANAGEMENT OF PERSONAL PROPERTY [RESERVED]
PART 102-33--MANAGEMENT OF AIRCRAFT [RESERVED]
PART 102-34--MOTOR VEHICLE MANAGEMENT--Table of Contents
Sec.
102-34.5 Preamble.
102-34.10 What definitions apply to motor vehicle management?
102-34.15 What motor vehicles are not covered by this part?
102-34.20 What types of motor vehicle fleets are there?
102-34.25 What sources of supply are available for obtaining motor
vehicles?
Subpart A--Obtaining Fuel Efficient Motor Vehicles
102-34.30 Who must comply with motor vehicle fuel efficiency
requirements?
102-34.35 What are the procedures for purchasing and leasing motor
vehicles?
102-34.40 How are passenger automobiles classified?
102-34.45 What size motor vehicles may we purchase and lease?
102-34.50 What are fleet average fuel economy standards?
102-34.55 What are the minimum fleet average fuel economy standards?
102-34.60 How do we calculate the average fuel economy for our fleet?
102-34.65 How may we request an exemption from the fuel economy
standards?
102-34.70 How does GSA monitor the fuel economy of purchased and leased
motor vehicles?
102-34.75 How must we report fuel economy data for passenger
automobiles and light trucks we purchase or commercially
lease?
102-34.80 Do we report fuel economy data for passenger automobiles and
light trucks purchased for our agency by the GSA Automotive
Division?
102.-34.85 Do we have to submit a negative report if we don't purchase
or lease any motor vehicles in a fiscal year?
102-34.90 Are any motor vehicles exempted from these reporting
requirements?
102-34.95 Does fleet average fuel economy reporting affect our
acquisition plan?
102-34.100 Where may we obtain help with our motor vehicle acquisition
plan?
Subpart B--Identifying and Registering Motor Vehicles
Motor Vehicle Identification
102-34.105 What motor vehicles require motor vehicle identification?
102-34.110 What motor vehicle identification must we put on motor
vehicles we purchase or lease?
102-34.115 What motor vehicle identification must the Department of
Defense (DOD) put on motor vehicles it purchases or leases?
102-34.120 Where is motor vehicle identification placed on purchased
and leased motor vehicles?
102-34.125 Before we sell a motor vehicle, what motor vehicle
identification or markings must we remove?
License Plates
102-34.130 Must our motor vehicles use Government license plates?
102-34.135 Do we need to register motor vehicles owned or leased by the
Government?
102-34.140 Where may we obtain U.S. Government license plates?
102-34.145 How do we display license plates on motor vehicles?
102-34.150 What do we do about a lost or stolen license plate?
102-34.155 What records do we need to keep on U.S. Government license
plates?
102-34.160 How are U.S. Government license plates coded and numbered?
102-34.165 How can we get a new license plate code designation?
102-34.170 Are there special licensing procedures for motor vehicles
operating in the District of Columbia (DC)?
Identification Exemptions
102-34.175 What types of exemptions are there?
102-34.180 May we have a limited exemption from displaying U.S.
Government license plates and other motor vehicle
identification?
102-34.185 What information must the certification contain?
102-34.190 For how long is a limited exemption valid?
102-34.195 What agencies have an unlimited exemption from displaying
U.S. Government license plates and motor vehicle
identification?
[[Page 13]]
102-34.200 What agencies have a special exemption from displaying U.S.
Government license plates and motor vehicle identification?
102-34.205 What license plates and motor vehicle identification do we
use on motor vehicles that are exempt from motor vehicle
identification and U.S. Government license plates?
102-34.210 What special requirements apply to exempted motor vehicles
operating in the District of Columbia?
102-34.215 Can GSA ask for a listing of exempted motor vehicles?
Subpart C--Official Use of Government Motor Vehicles
102-34.220 What is official use of a motor vehicle owned or leased by
the Government?
102-34.225 May I use a motor vehicle owned or leased by the Government
for transportation between my residence and place of
employment?
102-34.230 May Government contractors use motor vehicles owned or
leased by the Government?
102-34.235 What does GSA do if it learns of unofficial use of a motor
vehicle owned or leased by the Government?
102-34.240 How are Federal employees disciplined for misuse of motor
vehicles owned or leased by the Government?
102-34.245 How am I responsible for protecting motor vehicles?
102-34.250 Am I bound by State and local traffic laws?
102-34.255 Who pays for parking fees and fines?
102-34.260 Do Federal employees in motor vehicles owned or leased by
the Government have to use safety belts?
Subpart D--Replacement of Motor Vehicles
102-34.265 What are motor vehicle replacement standards?
102-34.270 May we replace a Government-owned motor vehicle sooner?
102-34.275 May we keep a Government-owned motor vehicle even though the
standard permits replacement?
102-34.280 How long must we keep a Government-owned motor vehicle?
Subpart E--Scheduled Maintenance of Motor Vehicles
102-34.285 What kind of maintenance programs must we have?
102-34.290 Must our motor vehicles pass State inspections?
102-34.295 Where can we obtain help in setting up a maintenance
program?
Subpart F--Motor Vehicle Accident Reporting
102-34.300 What forms do I use to report an accident involving a motor
vehicle owned or leased by the Government?
102-34.305 To whom do we send accident reports?
Subpart G--Disposal of Motor Vehicles
102-34.310 How do we dispose of a motor vehicle in any State,
Commonwealth, territory or possession of the United States, or
the District of Columbia?
102-34.315 What forms do we use to transfer ownership when selling a
motor vehicle?
102-34.320 How do we distribute the completed Standard Form 97?
Subpart H--Motor Vehicle Fueling
102-34.325 How do we obtain fuel for motor vehicles?
102-34.330 What Government-issued charge cards may I use to purchase
fuel and motor vehicle related services?
102-34.335 What type of fuel do I use in motor vehicles?
102-34.340 Do I have to use self-service fuel pumps?
Subpart I--Federal Motor Vehicle Fleet Report
102-34.345 What is the Federal Motor Vehicle Fleet Report?
102-34.350 What records do we need to keep?
102-34.355 When and how do we report motor vehicle data?
Subpart J--Forms
102-34.360 How do we obtain the forms prescribed in this part?
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
Source: 64 FR 59593, Nov. 2, 1999, unless otherwise noted.
Sec. 102-34.5 Preamble.
(a) This part governs the economical and efficient management and
control of motor vehicles that the Government owns or leases. Agencies
will incorporate appropriate provisions of this part into contracts
offering Government-furnished equipment in order to ensure adequate
control over the use of motor vehicles.
(b) The questions and associated answers in this part are regulatory
in effect. Thus compliance with the written text of this part is
required by all executive agencies.
[[Page 14]]
(c) The terms ``we,'' ``I,'' ``our,'' ``you,'' and ``your,'' when
used in this part, mean you as an executive agency, as your agency's
fleet manager, or as a motor vehicle user or operator, as appropriate.
Sec. 102-34.10 What definitions apply to motor vehicle management?
The following definitions apply to motor vehicle management:
Commercial design motor vehicle means a motor vehicle procurable
from regular production lines and designed for use by the general
public.
Domestic fleet (see Sec. 102-34.20(a)).
Foreign fleet (see Sec. 102-34.20(b)).
GSA Fleet lease (see Sec. 102-34.25(d)).
Large fleet (see Sec. 102-34.20(d)).
Law enforcement motor vehicle means a passenger automobile or light
truck that is specifically approved in an agency's appropriation act for
use in apprehension, surveillance, police or other law enforcement work
or specifically designed for use in law enforcement. If not identified
in an agency's appropriation language, a motor vehicle qualifies as a
law enforcement motor vehicle only in the following cases:
(1) A passenger automobile having heavy duty components for
electrical, cooling and suspension systems and at least the next higher
cubic inch displacement or more powerful engine than is standard for the
automobile concerned.
(2) A light truck having emergency warning lights and identified
with markings such as ``police.''
(3) An unmarked motor vehicle certified by the agency head as
essential for the safe and efficient performance of intelligence,
counterintelligence, protective, or other law enforcement duties.
(4) A motor vehicle seized by a Federal agency that is subsequently
used for the purpose of performing law enforcement activities.
Light duty motor vehicle means any motor vehicle with a gross motor
vehicle weight rating (GVWR) of 8,500 pounds or less.
Light truck means a motor vehicle on a truck chassis with a gross
motor vehicle weight rating (GVWR) of 8,500 pounds or less.
Military design motor vehicle means a motor vehicle (excluding
general-purpose motor vehicles) designed according to military
specifications to support directly combat or tactical operations or
training for such operations.
Motor vehicle means any vehicle, self-propelled or drawn by
mechanical power, designed and operated principally for highway
transportation of property or passengers, but does not include a
military design motor vehicle or vehicles not covered by this part (see
Sec. 102-34.15).
Motor vehicle identification (also referred to as ``motor vehicle
markings'') means the legends ``For Official Use Only'' and ``U.S.
Government'' placed on a motor vehicle plus other legends showing the
full name of the department, agency, establishment, corporation, or
service by which the motor vehicle is used. This identification is
usually a decal placed in the rear window or on the side of the motor
vehicle.
Motor vehicle lease (see Sec. 102-34.25(b)).
Motor vehicle markings (see ``Motor vehicle identification'' in this
section).
Motor vehicle purchase (see Sec. 102-34.25(a)).
Motor vehicle rental (see Sec. 102-34.25(c)).
Motor vehicles transferred from excess (see Sec. 102-34.25(e)).
Owning agency means the executive agency that holds the vehicle
title, manufacturer's Certificate of Origin, or is the lessee of a motor
vehicle lease. This term does not apply to agencies that lease motor
vehicles from the GSA Fleet.
Passenger automobile means a sedan or station wagon designed
primarily to transport people.
Reportable motor vehicles are vehicles which are reported to GSA as
outlined in Subpart I of this part:
(1) Included are sedans, station wagons, buses, ambulances, vans,
utility motor vehicles, trucks and truck tractors, regardless of fuel
type.
(2) Excluded are fire trucks, motorcycles, military-design motor
vehicles, semi-trailers, trailers and other trailing equipment such as
pole trailers, dollies, cable reels, trailer coaches and bogies, and
trucks with permanently mounted equipment such as generators and air
compressors.
Small fleet (see Sec. 102-34.20(c)).
[[Page 15]]
Using agency means a Federal agency that obtains motor vehicles from
the GSA Fleet, commercial firms or another Federal agency and does not
hold the vehicle title or manufacturer's Certificate of Origin. However,
this does not include a Federal agency that obtains a motor vehicle by
motor vehicle rental.
Sec. 102-34.15 What motor vehicles are not covered by this part?
Motor vehicles not covered are:
(a) Designed or used for military field training, combat, or
tactical purposes;
(b) Used principally within the confines of a regularly established
military post, camp, or depot; or
(c) Used by an agency in the performance of investigative, law
enforcement, or intelligence duties if the head of such agency
determines that exclusive control of such vehicle is essential to the
effective performance of such duties, although such vehicles are subject
to subpart C and subpart I of this part.
Sec. 102-34.20 What types of motor vehicle fleets are there?
The types of motor vehicle fleets are:
(a) Domestic fleet means all reportable agency-owned motor vehicles
operated in any State, Commonwealth, territory or possession of the
United States, and the District of Columbia.
(b) Foreign fleet means all reportable agency-owned motor vehicles
operated in areas outside any State, Commonwealth, territory or
possession of the United States, and the District of Columbia.
(c) Small fleet means a fleet of fewer than 2,000 reportable agency-
owned motor vehicles, worldwide.
(d) Large fleet means a fleet of 2,000 or more reportable agency-
owned motor vehicles, worldwide.
Sec. 102-34.25 What sources of supply are available for obtaining motor vehicles?
The following sources of supply are available:
(a) Motor vehicle purchase means buying a motor vehicle from a
commercial source, usually a motor vehicle manufacturer or a motor
vehicle manufacturer's dealership.
(b) Motor vehicle lease means obtaining a motor vehicle by contract
or other arrangement from a commercial source for 60 continuous days or
more.
(c) Motor vehicle rental means obtaining a motor vehicle by contract
or other arrangement from a commercial source for less than 60
continuous days.
(d) GSA Fleet lease means obtaining a motor vehicle from the General
Services Administration (GSA Fleet). Where ``lease'' is used alone
within this part, it refers to ``motor vehicle lease'' in paragraph (b)
of this section and not GSA Fleet lease.
(e) Motor vehicles transferred from excess means obtaining a motor
vehicle reported as excess and transferred with or without cost.
Subpart A--Obtaining Fuel Efficient Motor Vehicles
Sec. 102-34.30 Who must comply with motor vehicle fuel efficiency requirements?
Executive agencies located in any State, Commonwealth, territory or
possession of the United States, and the District of Columbia which
operate motor vehicles owned or leased by the Government in the conduct
of official business. This subpart does not apply to motor vehicles
exempted by law or other regulations, such as law enforcement and motor
vehicles in foreign areas. Other Federal agencies are encouraged to
comply so that maximum energy conservation benefits may be realized in
obtaining, operating, and managing motor vehicles owned or leased by the
Government.
Sec. 102-34.35 What are the procedures for purchasing and leasing motor vehicles?
Procedures for purchasing and leasing motor vehicles can be found in
subpart 101-26.5 of this title.
Sec. 102-34.40 How are passenger automobiles classified?
Passenger automobiles are classified in the following table:
------------------------------------------------------------------------
Station wagon
Sedan class class Descriptive name
------------------------------------------------------------------------
I................................. I Subcompact.
II................................ II Compact.
[[Page 16]]
III............................... III Midsize
IV................................ IV Large.
V................................. .............. Limousine.
------------------------------------------------------------------------
Sec. 102-34.45 What size motor vehicles may we purchase and lease?
(a) You must select motor vehicles to achieve maximum fuel
efficiency.
(b) Limit motor vehicle body size, engine size and optional
equipment to what is essential to meet your agency's mission.
(c) With the exception of motor vehicles used by the President and
Vice President and motor vehicles for security and highly essential
needs, you must purchase and lease midsize (class III) or smaller
sedans.
(d) Purchase and lease large (class IV) sedans only when such motor
vehicles are essential to your agency's mission.
Sec. 102-34.50 What are fleet average fuel economy standards?
(a) The minimum miles per gallon that a fleet of motor vehicles
purchased or leased by an executive agency must obtain. The need to meet
these standards is set forth in 49 U.S.C. 32917, Standards for Executive
Agency Automobiles, and Executive Order 12375, Motor Vehicles. These
standards have two categories:
(1) Average fuel economy standard for all passenger automobiles.
(2) Average fuel economy standard for light trucks.
(b) These standards do not apply to passenger automobiles and light
trucks designed to perform combat-related missions for the U.S. Armed
Forces or motor vehicles designed for use in law enforcement or
emergency rescue work.
Sec. 102-34.55 What are the minimum fleet average fuel economy standards?
The minimum fleet average fuel economy standards appear in the
following table:
Fleet Average Fuel Economy Standards \a\
------------------------------------------------------------------------
Passsenger Light
Fiscal year automobile \1\ truck \2\
------------------------------------------------------------------------
1995......................................... 27.5 20.6 \3\
1996......................................... 27.5 20.7 \3\
1997......................................... 27.5 20.7 \3\
1998......................................... 27.5 20.7 \3\
1999......................................... 27.5 20.7 \3\
2000 & beyond................................ 27.5 (\4\)
------------------------------------------------------------------------
\a\ These figures represent miles/gallon.
\1\ Established by section 49 U.S.C. 32902 and the Secretary of
Transportation.
\2\ Fleet average fuel economy standard set by the Secretary of
Transportation and mandated by Executive Order 12375 beginning in
fiscal year 1982.
\3\ Fleet average fuel economy for light trucks is the combined fleet
average fuel economy for all 4 x 2 and 4 x 4 light trucks.
\4\ Requirements not yet set by the Secretary of Transportation.
Sec. 102-34.60 How do we calculate the average fuel economy for our fleet?
(a) Due to the variety of motor vehicle configurations, you must
take an average of all motor vehicles, by category (passenger
automobiles or light truck) purchased and leased by your agency during
the fiscal year. This calculation is the sum of passenger automobiles or
light trucks that your executive agency purchases or leases from
commercial sources divided by the sum of the fractions representing the
number of motor vehicles of each category by model divided by the
unadjusted city/highway mile-per-gallon ratings for that model,
developed by the Environmental Protection Agency (EPA) for each fiscal
year. The EPA mile-per-gallon rating for each motor vehicle make, model,
and model year may be obtained from the: General Services
Administration, Attn: FFA, Washington, DC 20406.
(b) An example follows:
Light trucks: i. 600 light trucks acquired in a specific year. These
are broken down into:
A. 200 Six cylinder automatic transmission pick-up trucks, EPA
rating: 24.3 mpg, plus
B. 150 Six cylinder automatic transmission mini-vans, EPA rating
24.8 mpg, plus
C. 150 Eight cylinder automatic transmission pick-up trucks, EPA
rating: 20.4 mpg, plus
D. 100 Eight cylinder automatic transmission cargo vans, EPA rating:
22.2 mpg.
[[Page 17]]
[GRAPHIC] [TIFF OMITTED] TR02NO99.009
ii. Fleet average fuel economy for light trucks in this case is 23.0
mpg.
Sec. 102-34.65 How may we request an exemption from the fuel economy standards?
(a) You must submit your reasons for the exemption in a written
request to the: Administrator of General Services, ATTN: MTV,
Washington, DC 20405.
(b) GSA will review the request and advise you of the determination
within 30 days of receipt. Passenger automobiles and light trucks
exempted under the provisions of this section must not be included in
calculating your fleet average fuel economy.
Sec. 102-34.70 How does GSA monitor the fuel economy of purchased and leased motor vehicles?
(a) Executive agencies report to GSA their leases and purchases of
passenger automobiles and light trucks. GSA keeps a master record of the
miles per gallon for passenger automobiles and light trucks acquired by
each agency during the fiscal year. GSA verifies that each agency's
passenger automobile and light truck leases and purchases achieve the
fleet average fuel economy for the applicable fiscal year, as required
by Executive Order 12375.
(b) The GSA Federal Vehicle Policy Division (MTV) issues information
about the EPA miles-per-gallon ratings to executive agencies at the
beginning of each fiscal year to help agencies with their acquisition
plans.
Sec. 102-34.75 How must we report fuel economy data for passenger automobiles and light trucks we purchase or commercially lease?
(a) You must send copies or synopses of motor vehicle leases and
purchases to GSA. Use the unadjusted combined city/highway mile-per-
gallon ratings for passenger automobiles and light trucks developed each
fiscal year by the Environmental Protection Agency (EPA). All
submissions for a fiscal year must reach GSA by December 1 of the next
fiscal year. Submit the information as soon as possible after the
purchase or effective date of each lease to the: General Services
Administration, ATTN: MTV, Washington, DC 20405. Email:
[email protected].
(b) Include in your submission to GSA motor vehicles purchased or
leased by your agency for use in any State, Commonwealth, territory or
possession of the United States, and the District of Columbia.
(c) Your submission to GSA must include:
(1) Number of passenger automobiles and light trucks, by category.
(2) Year.
(3) Make.
(4) Model.
(5) Transmission type (if manual, number of forward speeds).
(6) Cubic inch displacement of engine.
(7) Fuel type (i.e., gasoline, diesel, or type of alternative fuel).
(8) Monthly lease cost, if applicable.
Note to Sec. 102-34.75: Do not include passenger automobile and
light truck lease renewal options as new acquisition motor vehicle
leases. Do not report passenger automobiles and light trucks exempted
from fleet
[[Page 18]]
average fuel economy standards (see Sec. 102-34.50(b) and Sec. 102-
34.65).
Sec. 102-34.80 Do we report fuel economy data for passenger automobiles and light trucks purchased for our agency by the GSA Automotive Division?
No. The GSA Automotive Division provides information for passenger
automobiles and light trucks it purchases for agencies.
Sec. 102-34.85 Do we have to submit a negative report if we don't purchase or lease any motor vehicles in a fiscal year?
Yes, you must submit a negative report if you don't purchase or
lease any motor vehicles in a fiscal year.
Sec. 102-34.90 Are any motor vehicles exempted from these reporting requirements?
Yes. You do not need to report passenger automobiles and light
trucks that are:
(a) Purchased or leased for use outside any State, Commonwealth,
territory or possession of the United States, or the District of
Columbia.
(b) Designed to perform combat-related missions for the U.S. Armed
Forces.
(c) Designed for use in law enforcement or emergency rescue work.
Sec. 102-34.95 Does fleet average fuel economy reporting affect our acquisition plan?
It may. If previous motor vehicle purchases and leases have caused
your fleet to fail to meet the required fuel economy by the end of the
fiscal year, GSA may encourage you to adjust future requests to meet
fuel economy requirements.
Sec. 102-34.100 Where may we obtain help with our motor vehicle acquisition plans?
For help with your motor vehicle acquisition plan, contact the:
General Services Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Subpart B--Identifying and Registering Motor Vehicles
Motor Vehicle Identification
Sec. 102-34.105 What motor vehicles require motor vehicle identification?
All motor vehicles owned or leased by the Government must display
motor vehicle identification unless exempted under Sec. 102-34.180,
Sec. 102-34.195, or Sec. 102-34.200.
Sec. 102-34.110 What motor vehicle identification must we put on motor vehicles we purchase or lease?
(a) For motor vehicles with rear windows, display:
(1) ``For Official Use Only,'' in letters \1/2\ to \3/4\ inch high.
(2) ``U.S. Government'' in letters \3/4\ to 1 inch high; and
(3) The full name of the department, agency, establishment,
corporation, or service owning or leasing the motor vehicle (in letters
1 to 1\1/2\ inch high), or in the alternative, a title that describes
the activity in which it is operated (if the title readily identifies
the department, agency, establishment, corporation, or service
concerned).
(b) For other than motor vehicle rear windows, display the motor
vehicle identification in paragraphs (a)(1) through (3) of this section,
but:
(1) Use letters 1 to 1\1/2\ inches high in colors contrasting to the
motor vehicle.
(2) If you use subsidiary words or titles of subordinate units, use
letters \1/2\ inch to \3/4\ inch high.
(c) The preferred material is a decal of elastomeric pigmented film
type for ease of application and removal.
Note to Sec. 102-34.110: Each agency or activity is responsible for
acquiring its own decals. Replace this motor vehicle identification when
necessary due to damage or wear.
Sec. 102-34.115 What motor vehicle identification must the Department of Defense (DOD) put on motor vehicles it purchases or leases?
The following must appear on DOD purchased or leased motor vehicles:
(a) ``For Official Use Only;''
(b) An appropriate title for the DOD component; and
[[Page 19]]
(c) The DOD code and registration number assigned by the DOD
component accountable for the motor vehicle.
Sec. 102-34.120 Where is motor vehicle identification placed on purchased and leased motor vehicles?
(a) On most motor vehicles. On the left side of the rear window,
1\1/2\ inches or less from the bottom of the window.
(b) On motor vehicles without rear windows or where identification
on the rear window would not be easily seen. Centered on both front
doors or in any appropriate position on each side of the motor vehicle.
(c) On trailers. Centered on both sides of the front quarter of the
trailer in a conspicuous location.
Sec. 102-34.125 Before we sell a motor vehicle, what motor vehicle identification or markings must we remove?
You must remove all motor vehicle identification before you transfer
the title or deliver the motor vehicle.
License Plates
Sec. 102-34.130 Must our motor vehicles use Government license plates?
Yes you must use Government license plates, with the exception of
motor vehicles exempted under Sec. 102-34.180, Sec. 102-34.195, and
Sec. 102-34.200.
Sec. 102-34.135 Do we need to register motor vehicles owned or leased by the Government?
For a motor vehicle owned or leased by the Government that is
regularly based or operated outside the District of Columbia and
displaying U.S. Government license plates and motor vehicle
identification, you need not register it in a State, Commonwealth,
territory or possession of the United States. Motor vehicles exempted
under Sec. 102-34.180, Sec. 102-34.195, or Sec. 102-34.200 must be
registered and inspected in accordance with the laws of the State,
Commonwealth, territory or possession of the United States where the
motor vehicle is regularly operated.
Sec. 102-34.140 Where may we obtain U.S. Government license plates?
For detailed instructions and an ordering form to obtain U.S.
Government license plates, contact the: Superintendent of Industries,
District of Columbia, Department of Corrections, Lorton, VA 22079.
Note to Sec. 102-34.140: You may, but are not required to obtain
license plates from the District of Columbia, Department of Corrections.
Sec. 102-34.145 How do we display license plates on motor vehicles?
(a) Display official U.S. Government license plates on the front and
rear of all motor vehicles owned or leased by the Government. The
exception is two-wheeled motor vehicles, which require rear license
plates only.
(b) You must display U.S. Government license plates on the motor
vehicle to which the license plates were assigned.
(c) Display the U.S. Government license plates until the motor
vehicle is removed from Government service or is transferred, or until
the plates are damaged and require replacement.
(d) For motor vehicles owned or leased by DOD, follow DOD
regulations.
Sec. 102-34.150 What do we do about a lost or stolen license plate?
You should report the loss or theft of license plates as follows:
(a) U.S. Government license plates. Tell your local security office
(or equivalent) and local police.
(b) District of Columbia or State license plates. Tell your local
security office (or equivalent) and either the District of Columbia,
Department of Transportation, or the State agency, as appropriate.
Sec. 102-34.155 What records do we need to keep on U.S. Government license plates?
You must keep a central record of all U.S. Government license plates
for your agency's motor vehicle purchases and motor vehicle leases. The
GSA Fleet must keep such a record for GSA Fleet vehicles. The record
must identify:
(a) The motor vehicle to which each set of plates is assigned.
(b) The complete history of any reassigned plates.
(c) A list of destroyed or voided license plate numbers.
[[Page 20]]
Sec. 102-34.160 How are U.S. Government license plates coded and numbered?
U.S. Government license plates, except those issued by the District
of Columbia, Department of Transportation, under Sec. 102-34.170, will
be numbered serially for each executive agency, beginning with 101, and
preceded by a letter code that designates the owning agency for the
motor vehicle as follows:
Agriculture, Department of--A
Air Force, Department of the--AF
Army, Department of the--W
Commerce, Department of--C
Consumer Product Safety Commission--CPSC
Corps of Engineers, Civil Works--CE
Defense, Department of--D
Defense Commissary Agency--DECA
Defense Contract Audit Agency--DA
Defense Logistics Agency--DLA
District of Columbia Redevelopment Land Agency--LA
Energy, Department of--E
Enrichment Corporation, U.S--EC
Environmental Protection Agency--EPA
Executive Office of the President--EO Council of Economic Advisers,
National Security Council, Office of Management and Budget--EO
Federal Communications Commission--FC
Federal Deposit Insurance Corporation--FD
Federal Emergency Management Agency--FE
Federal Mediation and Conciliation Service--FM
General Services Administration--GS
Government Printing Office--GP
GSA Fleet--G
Health and Human Services, Department of--HHS
Interior, Department of the--I
Judicial Branch of the Government--JB
Justice, Department of--J
Labor, Department of--L
Legislative Branch--LB
Marine Corps--MC
National Aeronautics and Space Administration--NA
National Capital Planning Commission--NP
National Guard Bureau--NG
National Labor Relations Board--NL
National Science Foundation--NS
Navy, Department of the--N
Nuclear Regulatory Commission--NRC
Office of Personnel Management--OPM
Panama Canal Commission--PC
Railroad Retirement Board--RR
Selective Service System--SS
Small Business Administration--SB
Smithsonian Institution, National Gallery of Art--SI
Soldiers' and Airmen's Home, U.S--SH
State, Department of--S
Tennessee Valley Authority--TV
Transportation, Department of--DOT
Treasury, Department of the--T
United States Information Agency--IA
United States Postal Service--P
Veterans Affairs, Department of--VA
Sec. 102-34.165 How can we get a new license plate code designation?
To get a new license plate code designation, write to the: General
Services Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Sec. 102-34.170 Are there special licensing procedures for motor vehicles operating in the District of Columbia (DC)?
Yes. DC Code, section 40-102(d)(2), requires the issuance of license
plates, without charge, for all motor vehicles owned or leased by the
Government at the time the motor vehicle is registered or reregistered.
(a) You must register motor vehicles that are regularly based or
operated in DC with the DC Department of Transportation. Your
application to register must include a manufacturer's Certificate of
Origin, bill of sale, or other document attesting Government ownership.
Forms for registering motor vehicles are available from the District of
Columbia, Department of Transportation.
(b) Motor vehicles owned or leased by the Government and licensed in
the District of Columbia may have the letter code designation prescribed
in Sec. 102-34.160 stenciled in the blank space beside the embossed
numbers. If you add a letter code designation, stencil it on the license
plate so that the letters resemble the embossed numbers in size and
color. License plates issued by the District of Columbia without an
agency letter code designation will usually have the letter code
designation ``US''.
(c) Transfer of U.S. Government license plates issued by the
District of Columbia between your agency's own motor vehicles requires
prior approval from the District of Columbia, Department of
Transportation.
(d) You must have each registered motor vehicle inspected annually
according to section 40-204 of the District of Columbia Code and
applicable regulations. The District of Columbia
[[Page 21]]
issues an inspection verification sticker for each motor vehicle that
passes inspection. Inspections and stickers are free.
(e) Return damaged or mutilated license plates to the District of
Columbia, Department of Transportation, for cancellation. Also return
license plates when you transfer a motor vehicle regularly based or
operated in the District of Columbia to operation in a field area,
another agency, or remove the motor vehicle from Government service.
[64 FR 59593, Nov. 2, 1999; 64 FR 66967, Nov. 30, 2000]
Identification Exemptions
Sec. 102-34.175 What types of exemptions are there?
(a) Limited exemption.
(b) Unlimited exemption.
(c) Special exemption.
Sec. 102-34.180 May we have a limited exemption from displaying U.S. Government license plates and other motor vehicle identification?
Yes. The head of your agency or designee may authorize a limited
exemption to the display of U.S. Government license plates and motor
vehicle identification upon written certification. (See Sec. 102-
34.185.) For motor vehicles leased from the GSA Fleet, send an
information copy of this certification to the: General Services
Administration, Attn: FFF, Washington, DC 20406.
Note to Sec. 102-34.180: Not eligible for exemption are motor
vehicles regularly used for common administrative purposes and not
directly connected to investigative, law enforcement or intelligence
duties involving security activities.
Sec. 102-34.185 What information must the certification contain?
The certification must state either:
(a) That the motor vehicle is used primarily for investigative, law
enforcement or intelligence duties involving security activities and
that identifying the motor vehicle would interfere with those duties; or
(b) That identifying the motor vehicle would endanger the security
of the vehicle occupants.
Sec. 102-34.190 For how long is a limited exemption valid?
An exemption granted in accordance with Sec. 102-34.180 and
Sec. 102-34.185 may last from one day up to one year. If the requirement
for exemption still exists at the end of the year, your agency must re-
certify the continued exemption. For a motor vehicle leased from the GSA
Fleet, send a copy of the re-certification to the: General Services
Administration, ATTN: FFF, Washington, DC 20406.
Sec. 102-34.195 What agencies have an unlimited exemption from displaying U.S. Government license plates and motor vehicle identification?
The following Federal agencies, or activities within agencies, are
granted an unlimited exemption based on ongoing mission requirements and
do not need to certify:
(a) Administrative Office of the United States Courts. All motor
vehicles used by United States probation offices and pretrial services
agencies of the judicial branch of the U.S. Government.
(b) Department of Agriculture. Motor vehicles used for investigative
or law enforcement activities by the Agricultural Marketing Service,
Animal and Plant Health Inspection Service, Food Safety and Inspection
Service, Forest Service, Grain Inspection, Packers and Stockyard
Administration, Packers and Stockyard Program, Food and Consumers
Service, and Office of the Inspector General.
(c) Department of Commerce. Motor vehicles used for surveillance and
other law enforcement activities by the Office of Export Enforcement,
International Trade Administration, the National Marine Fisheries
Service, and the National Oceanic and Atmospheric Administration.
(d) Department of Defense. Motor vehicles used for intelligence,
investigative, or security activities by the U.S. Army Intelligence
Agency and the Criminal Investigation Command of the Department of the
Army; Office of Naval Intelligence of the Department of the Navy; Office
of Special Investigations of the Department of the Air Force; the
Defense Criminal Investigation Service, Office of the Inspector
[[Page 22]]
General; and the Defense Logistics Agency.
(e) District of Columbia. Motor vehicles used by St. Elizabeth's
Hospital in outpatient work where identifying the motor vehicles would
be prejudicial to patients.
(f) Department of Education. Motor vehicles used for investigative
and law enforcement activities by the Office of the Inspector General.
(g) Department of Energy. Motor vehicles used for investigative or
security activities.
(h) Environmental Protection Agency. Motor vehicles used for
investigative and law enforcement activities by the Office of Inspector
General and the Office of Enforcement and Compliance Assurance.
(i) Federal Communications Commission. Motor vehicles used for
investigative activities by the Field Operations Bureau.
(j) General Services Administration. Motor vehicles used for
investigative, surveillance, and security activities by special agents
of the Federal Protective Service, and Office of the Inspector General.
(k) Department of Health and Human Services. Motor vehicles used for
undercover law enforcement and similar investigative work by the Food
and Drug Administration; motor vehicles used to transport mentally
disturbed children by the National Institutes of Health; and motor
vehicles used for law enforcement and investigative purposes by the
Office of Investigations and the Office of the Inspector General.
(l) Department of Housing and Urban Development. Motor vehicles used
for law enforcement or investigative purposes by the Office of the
Inspector General.
(m) Department of the Interior. Motor vehicles used to enforce game
laws by the U.S. Fish and Wildlife Service; motor vehicles assigned to
special agents of the Bureau of Land Management who investigate crimes
against public lands; motor vehicles assigned to special officers of the
Bureau of Indian Affairs; motor vehicles used for investigating crimes
against public lands by the National Park Service and assigned to the
U.S. Park Police; and motor vehicles assigned to the special agents of
the Office of the Inspector General who investigate possible crimes of
fraud and abuse by departmental employees, contractors, and grantees.
(n) Department of Justice. All motor vehicles used for undercover
law enforcement activities or investigative work by the Department.
(o) Department of Labor. All motor vehicles used for investigative,
law enforcement, and compliance activities by the Employment and
Training Administration, Occupational Safety and Health Administration,
Employment Standards Administration, and the Mine Safety and Health
Administration.
(p) National Aeronautics and Space Administration. Motor vehicles
used for investigative or law enforcement activities.
(q) National Labor Relations Board. Motor vehicles used for
investigative activities by field offices.
(r) National Security Council. Motor vehicles used by the Central
Intelligence Agency.
(s) Nuclear Regulatory Commission. Motor vehicles used for the
conduct of security operations or in the enforcement of security
regulations.
(t) Office of Personnel Management. Motor vehicles used for the
investigative program of the Office of Personnel Investigations and
regional investigation activities.
(u) United States Postal Service. Motor vehicles that the Postal
Inspection Service uses for investigative and law enforcement
activities.
(v) Department of State. Motor vehicles used for protecting domestic
and foreign dignitaries and investigating passport and visa fraud.
(w) Department of Transportation. Motor vehicles used for
intelligence, investigative, or security activities by the Office of the
Inspector General, the OST Office of Security, the Investigations and
Security Division and field counterparts in the U.S. Coast Guard, the
Office of Civil Aviation Security and field counterparts in the Federal
Aviation Administration, and the Idaho Division Office of Motor Carriers
in the Federal Highway Administration.
[[Page 23]]
(x) Department of Treasury. Motor vehicles used by the U.S. Secret
Service; the Criminal Investigation Division and the Internal Security
Division of the Internal Revenue Service; motor vehicles used for
investigative activities by the Collection Division of the Internal
Revenue Service; motor vehicles used by the Office of Enforcement and
the Office of Inspection at the Bureau of Alcohol, Tobacco, and
Firearms; and motor vehicles used by the Office of Enforcement, Office
of Compliance Operations, and the Office of Internal Affairs at the U.S.
Customs Service.
(y) Department of Veterans Affairs. Motor vehicles used for
investigative activities by the Office of the Inspector General and
regional Field Examiners and Property Management Inspectors.
Sec. 102-34.200 What agencies have a special exemption from displaying U.S. Government license plates and motor vehicle identification?
Motor vehicles assigned for the use of the President and the heads
of executive departments specified in 5 U.S.C. 101 are exempt from the
requirement to display motor vehicle identification. All motor vehicles,
other than those assigned for the personal use of the President, will
display official U.S. Government license plates.
Sec. 102-34.205 What license plates and motor vehicle identification do we use on motor vehicles that are exempt from motor vehicle identification and U.S.
Government license plates?
Display the regular license plates of the State, Commonwealth,
territory or possession of the United States, or the District of
Columbia, where the motor vehicle is principally operated.
Sec. 102-34.210 What special requirements apply to exempted motor vehicles operating in the District of Columbia?
If your agency wants to use regular District of Columbia license
plates for motor vehicles exempt from displaying U.S. government license
plates and motor vehicle identification, your agency head must designate
an official to authorize them. Provide the name and facsimile signature
of that official to the District of Columbia, Department of
Transportation, annually.
Sec. 102-34.215 Can GSA ask for a listing of exempted motor vehicles?
Yes. If asked, the head of each executive agency must submit a
report concerning motor vehicles exempted under this subpart. This
report, which has been assigned interagency report control number 1537-
GSA-AR, should be submitted to the: General Services Administration,
ATTN: MTV, Washington, DC 20405. Email: [email protected]
Subpart C--Official Use of Government Motor Vehicles
Sec. 102-34.220 What is official use of a motor vehicle owned or leased by the Government?
Official use of a motor vehicle is using a motor vehicle to perform
your agency's mission(s), as authorized by your agency.
Sec. 102-34.225 May I use a motor vehicle owned or leased by the Government for transportation between my residence and place of employment?
No, you may not use a Government motor vehicle for transportation
between your residence and place of employment unless your agency
authorizes such use after making the necessary determination under 31
U.S.C. 1344 and subpart 101-6.4 of this title. Your agency must keep a
copy of the written authorization within the agency and monitor the use
of these motor vehicles.
Sec. 102-34.230 May Government contractors use motor vehicles owned or leased by the Government?
Yes, Government contractors may use Government motor vehicles when
authorized under applicable procedures and the following conditions:
(a) Motor vehicles are used for official purposes only and solely in
the performance of the contract.
(b) Motor vehicles cannot be used for transportation between
residence and place of employment, unless authorized in accordance with
31 U.S.C. 1344 and subpart 101-6.4 of this title.
(c) Contractors must:
[[Page 24]]
(1) Establish and enforce suitable penalties against employees who
use, or authorize the use of, such motor vehicles for unofficial
purposes or for other than in the performance of the contract; and
(2) Pay any expenses or cost, without Government reimbursement, for
using such motor vehicles other than in the performance of the contract.
Sec. 102-34.235 What does GSA do if it learns of unofficial use of a motor vehicle owned or leased by the Government?
GSA reports the matter to the head of the agency employing the motor
vehicle operator. The employing agency investigates and may, if
appropriate, take disciplinary action under 31 U.S.C. 1349 or may report
the violation to the Attorney General for prosecution under 18 U.S.C.
641.
Sec. 102-34.240 How are Federal employees disciplined for misuse of motor vehicles owned or leased by the Government?
If an employee willfully uses, or authorizes the use of, a motor
vehicle for other than official purposes, the employee is subject to
suspension of at least one month or, up to and including, removal by the
head of the agency (31 U.S.C. 1349).
Sec. 102-34.245 How am I responsible for protecting motor vehicles?
When a Government-owned or -leased motor vehicle is under your
control, you must:
(a) Park or store the vehicle in a manner that reasonably protects
it from theft or damage.
(b) Lock the unattended motor vehicle. (The only exception to this
requirement is when fire regulations or other directives prohibit
locking motor vehicles in closed buildings or enclosures.)
Sec. 102-34.250 Am I bound by State and local traffic laws?
Yes. You must obey all motor vehicle traffic laws of the State and
local jurisdiction, except when the duties of your position require
otherwise. You are personally responsible if you violate State or local
traffic laws. If you are fined or otherwise penalized for an offense you
commit while performing your official duties, but which was not required
as part of your official duties, payment is your personal
responsibility.
Sec. 102-34.255 Who pays for parking fees and fines?
You must pay parking fees while operating a motor vehicle owned or
leased by the Government. However, you can expect to be reimbursed for
parking fees incurred while performing official duties. Conversely, if
you are fined for a parking violation while operating a motor vehicle
owned or leased by the Government, payment is your personal
responsibility and you will not be reimbursed.
Sec. 102-34.260 Do Federal employees in motor vehicles owned or leased by the government have to use safety belts?
Yes Federal employees must use safety belts, when there is a safety
belt.
Subpart D--Replacement of Motor Vehicles
Sec. 102-34.265 What are motor vehicle replacement standards?
Motor vehicle replacement standards specify the minimum number of
years in use or miles traveled at which an executive agency may replace
a Government-owned motor vehicle (see Sec. 102-34.280) .
Sec. 102-34.270 May we replace a Government-owned motor vehicle sooner?
Yes. You may replace a Government-owned motor vehicle if it needs
body or mechanical repairs that exceed the fair market value of the
motor vehicle. Determine the fair market value by adding the current
market value of the motor vehicle plus any capitalized motor vehicle
additions (such as a utility body or liftgate) or repairs. Your agency
head or designee must review the replacement in advance.
Sec. 102-34.275 May we keep a Government-owned motor vehicle even though the standard permits replacement?
Yes. The replacement standard is a minimum only, and therefore, you
may
[[Page 25]]
keep a Government-owned motor vehicle longer than shown in Sec. 102-
34.280 if the motor vehicle can be operated without excessive
maintenance costs or substantial reduction in resale value.
Sec. 102-34.280 How long must we keep a Government-owned motor vehicle?
You must keep a motor vehicle owned or leased by the Government for
at least the years or miles shown in the following table:
Table of Minimum Replacement Standards
------------------------------------------------------------------------
or Miles
Motor vehicle type Years \a\ \a\
------------------------------------------------------------------------
Sedans/Station Wagons............................. 3 60,000
Ambulances........................................ 7 60,000
Buses:
Intercity....................................... n/a 280,000
City............................................ n/a 150,000
School.......................................... n/a 80,000
Trucks:
Less than 12,500 pounds GVWR.................... 6 50,000
12,500-23,999 pounds GVWR....................... 7 60,000
24,000 pounds GVWR and over..................... 9 80,000
4- or 6-wheel drive motor vehicles.............. 6 40,000
------------------------------------------------------------------------
\a\ Minimum standards are stated in both years and miles; use whichever
occurs first.
Subpart E--Scheduled Maintenance of Motor Vehicles
Sec. 102-34.285 What kind of maintenance programs must we have?
You must have a scheduled maintenance program for each motor vehicle
you own or lease. This requirement applies to motor vehicles operated in
any State, Commonwealth, territory or possession of the United States,
and the District of Columbia. The GSA Fleet will develop maintenance
programs for GSA Fleet vehicles. The scheduled maintenance program must:
(a) Meet Federal, State, and local emission standards;
(b) Meet manufacturer warranty requirements;
(c) Ensure the safe and economical operating condition of the motor
vehicle throughout its life; and
(d) Ensure that inspections and servicing occur as recommended by
the manufacturer or more often if local operating conditions require.
Sec. 102-34.290 Must our motor vehicles pass State inspections?
Yes your motor vehicles must pass State inspections, where mandated.
(a) Each motor vehicle owned or leased by the Government must pass
Federally-mandated emission inspections in the jurisdictions in which
they operate when required by State motor vehicle administrations or
State environmental departments. You must reimburse State activities for
the cost of these inspections if the fee is not waived. GSA will pay the
cost of these inspections for motor vehicles leased from the GSA Fleet.
(b) Motor vehicles owned or leased by the Government that are
exempted from the display of U.S. Government license plates and motor
vehicle identification must comply with emission and mechanical
inspection programs of the State, Commonwealth, territory or possession
of the United States or the District of Columbia in which they are
regularly operated. Your agency must pay for these inspections, unless
the fee is waived. Payment for these inspections for motor vehicles
leased from the GSA Fleet are the responsibility of the using agency.
Sec. 102-34.295 Where can we obtain help in setting up a maintenance program?
For help in setting up a maintenance programs, contact the: General
Services Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Subpart F--Motor Vehicle Accident Reporting
Sec. 102-34.300 What forms do I use to report an accident involving a motor vehicle owned or leased by the Government?
GSA recommends the following forms for use to report an accident in
any State, Commonwealth, territory or possession of the United States
and the District of Columbia. The forms should be carried in any motor
vehicle owned or leased by the Government.
(a) Standard Form 91, Motor Vehicle Accident Report. The motor
vehicle operator should complete this form at the time and scene of the
accident if possible, even if damage to the motor vehicle is not
noticeable.
[[Page 26]]
(b) Standard Form 94, Statement of Witness. This form should be
completed by any witness to the accident.
Sec. 102-34.305 To whom do we send accident reports?
Send accident reports as follows:
(a) If the motor vehicle is owned or leased by your agency, follow
your internal agency directives.
(b) If the motor vehicle is managed by the GSA Fleet, report the
accident to GSA in accordance with subpart 101-39.4 of this title.
Subpart G--Disposal of Motor Vehicles
Sec. 102-34.310 How do we dispose of a motor vehicle in any State, Commonwealth, territory or possession of the United States, or the District of Columbia?
After meeting the replacement standards under subpart D of this
part, you may dispose of a Government-owned motor vehicle by
transferring the motor vehicle title, or manufacturer's Certificate of
Origin, to the new owner. Detailed instructions on the disposal process
are in parts 101-45 and 101-46 of this title.
Sec. 102-34.315 What forms do we use to transfer ownership when selling a motor vehicle?
Use the following forms to transfer ownership:
(a) Standard Form 97, The United States Government Certificate to
Obtain Title to a Motor Vehicle, if both of the following apply:
(1) The motor vehicle will be retitled by a State, Commonwealth,
territory or possession of the United States or the District of
Columbia; and
(2) The purchaser intends to operate the motor vehicle on highways.
Note to Sec. 102-34.315(a)(2):
Do not use Standard Form 97 if the Government-owned motor vehicle is
either not designed or not legal for operation on highways. Examples are
construction equipment, farm machinery, and certain military-design
motor vehicles. Instead, use an appropriate bill of sale or award
document. Examples are Optional Form 16, Sales Slip-Sale of Government
Personal Property, and Standard Form 114, Sale of Government Property--
Bid and Award.
(b) Standard Form 97 is optional in foreign countries because
foreign governments may require the use of other forms.
Note to Sec. 102-34.315: The original Standard Form 97 is printed on
secure paper to identify readily any attempt to alter the form. The form
is also pre-numbered to prevent duplicates. State motor vehicle agencies
may reject certificates showing erasures or strikeovers.
Sec. 102-34.320 How do we distribute the completed Standard Form 97?
Standard Form 97 is a 4-part set printed on continuous-feed paper.
Distribute the form as follows:
(a) Original SF 97 to the purchaser or donee.
(b) One copy to the owning agency.
(c) One copy to the contracting officer making the sale or transfer
of the motor vehicle.
(d) One copy under owning-agency directives.
Subpart H--Motor Vehicle Fueling
Sec. 102-34.325 How do we obtain fuel for motor vehicles?
You may obtain fuel for any motor vehicle owned or leased by the
Government by using:
(a) A Government-issued charge card;
(b) A Government agency fueling facility; or
(c) Personal funds and obtaining reimbursement from your agency.
Sec. 102-34.330 What Government-issued charge cards may I use to purchase fuel and motor vehicle related services?
(a) You may use a fleet charge card specifically issued for this
purpose. These cards are designed to collect motor vehicle data at the
time of purchase. Where appropriate, State sales and motor fuel taxes
are deducted from fuel purchases by the fleet charge card services
contractor before your agency is billed. The GSA contractor issued fleet
charge card is the only Government-issued charge card that may be used
for GSA Fleet motor vehicles. For further information on acquiring these
fleet charge cards and their use, contact the: General Services
Administration, Attn: FCX, Washington, DC 20406.
[[Page 27]]
(b) You may use a Government purchase card if you do not have a
fleet charge card or if the use of such a government purchase card is
required by your agency mission. However, the Government purchase card
does not collect motor vehicle data nor does it deduct State sales and
motor fuel taxes.
Sec. 102-34.335 What type of fuel do I use in motor vehicles?
(a) Use the grade (octane rating) of fuel recommended by the motor
vehicle manufacturer when fueling motor vehicles owned or leased by the
Government.
(b) Do not use premium grade gasoline in any motor vehicle owned or
leased by the Government unless the motor vehicle specifically requires
premium grade gasoline.
(c) Use unleaded gasoline in all Government owned or leased motor
vehicles designed to operate on gasoline and used overseas unless:
(1) Such use would be in conflict with country-to-country or multi-
national logistics agreements; or
(2) Such gasoline is not available locally.
Sec. 102-34.340 Do I have to use self-service fuel pumps?
Yes. You must use self-service fuel pumps to the fullest extent
possible.
Subpart I--Federal Motor Vehicle Fleet Report
Sec. 102-34.345 What is the Federal Motor Vehicle Fleet Report?
The Federal Motor Vehicle Fleet Report is compiled by GSA annually
from information submitted by Federal agencies on motor vehicle
inventory, cost, and use data. GSA supplies copies of the report to the
Congress, Federal agencies, and other organizations upon request.
Recipients of this report use it to evaluate and analyze operations
and management of the Federal motor vehicle fleet.
Sec. 102-34.350 What records do we need to keep?
For owned motor vehicles, you are responsible for developing
adequate accounting and reporting procedures to ensure accurate
reporting of inventory, cost, and operational data needed to manage and
control motor vehicles.
Sec. 102-34.355 When and how do we report motor vehicle data?
(a) Within 75 calendar days after the end of the fiscal year, use
Standard Form 82, Agency Report of Motor Vehicle Data, to report motor
vehicle inventory, cost, and operating information. Send the Standard
Form 82 to the: General Services Administration, Attn: MTV, Washington,
DC 20405. Email: [email protected]
(b) Use separate forms to report data for domestic and foreign
fleets.
(1) For motor vehicles lent to another agency during the reporting
period, the owning agency reports all data.
(2) For motor vehicles transferred from one owning agency to
another, each agency reports data for the time it retained
accountability.
(c) Detailed instructions are included as part of the form. You can
also complete the Standard Form 82 electronically using a computerized
input medium. For further information, contact the: General Services
Administration, Attn: MTV, Washington, DC 20405. Email:
[email protected]
Subpart J--Forms
Sec. 102-34.360 How do we obtain the forms prescribed in this part?
See Sec. 102-2.135 of this chapter for how to obtain forms
prescribed in this part.
PART 102-35--DISPOSITION OF PERSONAL PROPERTY [RESERVED]
PART 102-36--DISPOSITION OF EXCESS PERSONAL PROPERTY--Table of Contents
Subpart A--General Provisions
Sec.
102-36.5 What is the governing authority for this part?
102-36.10 What does this part cover?
102-36.15 Who must comply with the provisions of this part?
102-36.20 To whom do ``we'', ``you'', and their variants refer?
[[Page 28]]
102-36.25 How do we request a deviation from these requirements and who
can approve it?
102-36.30 When is personal property excess?
102-36.35 What is the typical process for disposing of excess personal
property?
Definitions
102-36.40 What definitions apply to this part?
Responsibility
102-36.45 What are our responsibilities in the management of excess
personal property?
102-36.50 May we use a contractor to perform the functions of excess
personal property disposal?
102-36.55 What is GSA's role in the disposition of excess personal
property?
Subpart B--Acquiring Excess Personal Property For Our Agency
Acquiring Excess
102-36.60 Who is eligible to acquire excess personal property as
authorized by the Property Act?
102-36.65 Why must we use excess personal property instead of buying
new property?
102-36.70 What must we consider when acquiring excess personal
property?
102-36.75 Do we pay for excess personal property we acquire from
another Federal agency under a transfer?
102-36.80 How much do we pay for excess personal property on a transfer
with reimbursement?
102-36.85 Do we pay for personal property we acquire when it is
disposed of by another agency under the exchange/sale
authority, and how much do we pay?
Screening of Excess
102-36.90 How do we find out what personal property is available as
excess?
102-36.95 How long is excess personal property available for screening?
102-36.100 When does the screening period start for excess personal
property?
102-36.105 Who is authorized to screen and where do we go to screen
excess personal property on-site?
102-36.110 Do we need authorization to screen excess personal property?
102-36.115 What information must we include in the authorization form
for non-Federal persons to screen excess personal property?
102-36.120 What are our responsibilities in authorizing a non-Federal
individual to screen excess personal property?
Processing Transfers
102-36.125 How do we process a Standard Form 122 (SF 122), Transfer
Order Excess Personal Property, through GSA?
102-36.130 What are our responsibilities in processing transfer orders
of excess personal property?
102-36.135 How much time do we have to pick up excess personal property
that has been approved for transfer?
102-36.140 May we arrange to have the excess personal property shipped
to its final destination?
Direct Transfers
102-36.145 May we obtain excess personal property directly from another
Federal agency without GSA approval?
Subpart C--Acquiring Excess Personal Property for Non-Federal Recipients
102-36.150 For which non-Federal activities may we acquire excess
personal property?
102-36.155 What are our responsibilities when acquiring excess personal
property for use by a non-Federal recipient?
102-36.160 What additional information must we provide on the SF 122
when acquiring excess personal property for non-Federal
recipients?
Nonappropriated Fund Activities
102-36.165 Do we retain title to excess personal property furnished to
a nonappropriated fund activity within our agency?
102-36.170 May we transfer personal property owned by one of our
nonappropriated fund activities?
Contractors
102-36.175 Are there restrictions to acquiring excess personal property
for use by our contractors?
Cooperatives
102-36.180 Is there any limitation/condition to acquiring excess
personal property for use by cooperatives?
Project Grantees
102-36.185 What are the requirements for acquiring excess personal
property for use by our grantees?
102-36.190 Must we always pay 25 percent of the original acquisition
cost when furnishing excess personal property to project
grantees?
102-36.195 What type of excess personal property may we furnish to our
project grantees?
[[Page 29]]
102-36.200 May we acquire excess personal property for cannibalization
purposes by the grantee?
102-36.205 Is there a limit to how much excess personal property we may
furnish to our grantees?
Subpart D--Disposition of Excess Personal Property
102-36.210 Why must we report excess personal property to GSA?
Reporting Excess Personal Property
102-36.215 How do we report excess personal property?
102-36.220 Must we report all excess personal property to GSA?
102-36.225 Must we report excess related personal property?
102-36.230 Where do we send the reports of excess personal property?
102-36.235 What information do we provide when reporting excess
personal property?
102-36.240 What are the disposal condition codes?
Disposing of Excess Personal Property
102-36.245 Are we accountable for the personal property that has been
reported excess, and who is responsible for the care and
handling costs?
102-36.250 Does GSA ever take physical custody of excess personal
property?
102-36.255 What options do we have when unusual circumstances do not
allow adequate time for disposal through GSA?
102-36.260 How do we promote the expeditious transfer of excess
personal property?
102-36.265 What if there are competing requests for the same excess
personal property?
102-36.270 What if a Federal agency requests personal property that is
undergoing donation screening or in the sales process?
102-36.275 May we dispose of excess personal property without GSA
approval?
102-36.280 May we withdraw from the disposal process excess personal
property that we have reported to GSA?
Transfers With Reimbursement
102-36.285 May we charge for personal property transferred to another
Federal agency?
102-36.290 How much do we charge for excess personal property on a
transfer with reimbursement?
Report of Disposal Activity
102-36.295 Is there any reporting requirement on the disposition of
excess personal property?
102-36.300 How do we report the furnishing of personal property to non-
Federal recipients?
Abandonment/Destruction
102-36.305 May we abandon or destroy excess personal property without
reporting it to GSA?
102-36.310 Who makes the determination to abandon or destroy excess
personal property?
102-36.315 Are there any restrictions to the use of the abandonment/
destruction authority?
102-36.320 May we transfer or donate excess personal property that has
been determined appropriate for abandonment/destruction
without GSA approval?
102-36.325 What must be done before the abandonment/destruction of
excess personal property?
102-36.330 Are there occasions when public notice is not needed
regarding abandonment/destruction of excess personal property?
Subpart E--Personal Property Whose Disposal Requires Special Handling
102-36.335 Are there certain types of excess personal property that
must be disposed of differently from normal disposal
procedures?
Aircraft and Aircraft Parts
102-36.340 What must we do when disposing of excess aircraft?
102-36.345 May we dispose of excess Flight Safety Critical Aircraft
Parts (FSCAP)?
102-36.350 How do we identify a FSCAP?
102-36.355 What are the FSCAP Criticality Codes?
102-36.360 How do we dispose of aircraft parts that are life-limited
but have no FSCAP designation?
Canines, Law Enforcement
102-36.365 May we transfer or donate canines that have been used in the
performance of law enforcement duties?
Disaster Relief Property
102-36.370 Are there special requirements concerning the use of excess
personal property for disaster relief?
Firearms
102-36.375 May we dispose of excess firearms?
Foreign Excess Personal Property
102-36.380 Who is responsible for disposing of foreign excess personal
property?
102-36.385 What are our responsibilities in the disposal of foreign
excess personal property?
[[Page 30]]
102-36.390 How may we dispose of foreign excess personal property?
102-36.395 How may GSA assist us in disposing of foreign excess
personal property?
102-36.400 Who pays for the transportation costs when foreign excess
personal property is returned to the United States?
Gifts
102-36.405 May we keep gifts given to us from the public?
102-36.410 How do we dispose of a gift in the form of money or
intangible personal property?
102-36.415 How do we dispose of gifts other than intangible personal
property?
102-36.420 How do we dispose of gifts from foreign governments or
entities?
Hazardous Personal Property
102-36.425 May we dispose of excess hazardous personal property?
Munitions List Items/Commerce Control List Items (MLIs/CCLIs)
102-36.430 May we dispose of excess Munitions List Items (MLIs)/
Commerce Control List Items (CCLIs)?
102-36.435 How do we identify Munitions List Items (MLIs)/Commerce
Control List Items (CCLIs) requiring demilitarization?
Printing Equipment and Supplies
102-36.440 Are there special procedures for reporting excess printing
and binding equipment and supplies?
Red Cross Property
102-36.445 Do we report excess personal property originally acquired
from or through the American National Red Cross?
Shelf-Life Items
102-36.450 Do we report excess shelf-life items?
102-36.455 How do we report excess shelf-life items?
102-36.460 Do we report excess medical shelf-life items held for
national emergency purposes?
102-36.465 May we transfer or exchange excess medical shelf-life items
with other Federal agencies?
Vessels
102-36.470 What must we do when disposing of excess vessels?
Subpart F--Miscellaneous Disposition
102-36.475 What is the authority for transfers under ``Computers for
Learning''?
Authority: 40 U.S.C. 486(c).
Source: 65 FR 31218, May 16, 2000, unless otherwise noted.
Subpart A--General Provisions
Sec. 102-36.5 What is the governing authority for this part?
Section 205(c) of the Federal Property and Administrative Services
Act of 1949, as amended (the Property Act) (40 U.S.C. 486), authorizes
the Administrator of General Services to prescribe regulations as he
deems necessary to carry out his functions under the Property Act.
Section 202 of the Property Act (40 U.S.C. 483) authorizes the General
Services Administration (GSA) to prescribe policies to promote the
maximum use of excess Government personal property by executive
agencies.
Sec. 102-36.10 What does this part cover?
This part covers the acquisition, transfer, and disposal, by
executive agencies, of excess personal property located in the United
States, the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth
of Puerto Rico, and the Commonwealth of the Northern Mariana Islands.
Sec. 102-36.15 Who must comply with the provisions of this part?
All executive agencies must comply with the provisions of this part.
The legislative and judicial branches are encouraged to report and
transfer excess personal property and fill their personal property
requirements from excess in accordance with these provisions.
Sec. 102-36.20 To whom do ``we'', ``you'', and their variants refer?
Use of pronouns ``we'', ``you'', and their variants throughout this
part refer to the agency.
Sec. 102-36.25 How do we request a deviation from these requirements and who can approve it?
See Secs. 102-2.60 through 102-2.110 of this chapter to request a
deviation from the requirements of this part.
[[Page 31]]
Sec. 102-36.30 When is personal property excess?
Personal property is excess when it is no longer needed by the
activities within your agency to carry out the functions of official
programs, as determined by the agency head or designee.
Sec. 102-36.35 What is the typical process for disposing of excess personal property?
(a) You must ensure personal property not needed by your activity is
offered for use elsewhere within your agency. If the property is no
longer needed by any activity within your agency, your agency declares
the property excess and reports it to GSA for possible transfer to
eligible recipients, including Federal agencies for direct use or for
use by their contractors, project grantees, or cooperative agreement
recipients. All executive agencies must, to the maximum extent
practicable, fill requirements for personal property by using existing
agency property or by obtaining excess property from other Federal
agencies in lieu of new procurements.
(b) If GSA determines that there are no Federal requirements for
your excess personal property, it becomes surplus property and is
available for donation to State and local public agencies and other
eligible non-Federal activities. The Property Act requires that surplus
personal property be distributed to eligible recipients by an agency
established by each State for this purpose, the State Agency for Surplus
Property.
(c) Surplus personal property not selected for donation is offered
for sale to the public by competitive offerings such as sealed bid
sales, spot bid sales or auctions. You may conduct or contract for the
sale of your surplus personal property, or have GSA or another executive
agency conduct the sale on behalf of your agency in accordance with part
101-45 of this title. You must inform GSA at the time the property is
reported as excess if you do not want GSA to conduct the sale for you.
(d) If 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, you may
dispose of the property by abandonment or destruction, or donate it to
public bodies.
Definitions
Sec. 102-36.40 What definitions apply to this part?
The following definitions apply to this part:
Commerce Control List Items (CCLIs) are dual use (commercial/
military) items that are subject to export control by the Bureau of
Export Administration, Department of Commerce. These items have been
identified in the U.S. Export Administration Regulations (15 CFR part
774) as export controlled for reasons of national security, crime
control, technology transfer and scarcity of materials.
Cooperative means the organization or entity that has a cooperative
agreement with a Federal agency.
Cooperative agreement means a legal instrument reflecting a
relationship between a Federal agency and a non-Federal recipient, made
in accordance with the Federal Grant and Cooperative Agreement Act of
1977 (31 U.S.C. 6301-6308), under any or all of the following
circumstances:
(1) The purpose of the relationship is the transfer, between a
Federal agency and a non-Federal entity, of money, property, services,
or anything of value to accomplish a public purpose authorized by law,
rather than by purchase, lease, or barter, for the direct benefit or use
of the Federal Government.
(2) Substantial involvement is anticipated between the Federal
agency and the cooperative during the performance of the agreed upon
activity.
(3) The cooperative is a State or local government entity or any
person or organization authorized to receive Federal assistance or
procurement contracts.
Demilitarization means, as defined by the Department of Defense, the
act of destroying the military capabilities inherent in certain types of
equipment or material. Such destruction may include deep sea dumping,
mutilation, cutting, crushing, scrapping, melting, burning, or
alteration so as to prevent the further use of the item for its
originally intended purpose.
[[Page 32]]
Excess personal property means any personal property under the
control of any Federal agency that is no longer required for that
agency's needs, as determined by the agency head or designee.
Exchange/sale property means property not excess to the needs of the
holding agency but eligible for replacement, which is exchanged or sold
under the provisions of part 101-46 of this title in order to apply the
exchange allowance or proceeds of sale in whole or part payment for
replacement with a similar item.
Executive agency means any executive department or independent
establishment in the executive branch of the Government, including any
wholly owned Government corporation.
Fair market value means the best estimate of the gross sales
proceeds if the property were to be sold in a public sale.
Federal agency means any executive agency or any establishment in
the legislative or judicial branch of the Government (except the Senate,
the House of Representatives, and the Architect of the Capitol and any
activities under his/her direction).
Federal Disposal System (FEDS) is GSA's automated excess personal
property system. For additional information on using FEDS, access http:/
/pub.fss.gsa.gov/property/.
Flight Safety Critical Aircraft Part (FSCAP) is any aircraft part,
assembly, or installation containing a critical characteristic whose
failure, malfunction, or absence could cause a catastrophic failure
resulting in engine shut-down or loss or serious damage to the aircraft
resulting in an unsafe condition.
Foreign excess personal property is any U.S. owned excess personal
property located outside the United States (U.S.), the U.S. Virgin
Islands, American Samoa, Guam, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
Grant means a type of assistance award and a legal instrument which
permits a Federal agency to transfer money, property, services or other
things of value to a grantee when no substantial involvement is
anticipated between the agency and the recipient during the performance
of the contemplated activity.
Hazardous personal property means property that is deemed a
hazardous material, chemical substance or mixture, or hazardous waste
under the Hazardous Materials Transportation Act (HMTA) (49 U.S.C.
5101), the Resource Conservation and Recovery Act (RCRA) (42 U.S.C.
6901-6981), or the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601-
2609).
Holding agency means the Federal agency having accountability for,
and generally possession of, the property involved.
Intangible personal property means personal property in which the
existence and value of the property is generally represented by a
descriptive document rather than the property itself. Some examples are
patents, patent rights, processes, techniques, inventions, copyrights,
negotiable instruments, money orders, bonds, and shares of stock.
Life-limited aircraft part is an aircraft part that has a finite
service life expressed in either total operating hours, total cycles,
and/or calendar time.
Line item means a single line entry, on a reporting form or transfer
order, for items of property of the same type having the same
description, condition code, and unit cost.
Munitions List Items (MLIs) are commodities (usually defense
articles/defense services) listed in the International Traffic in Arms
Regulation (22 CFR part 121), published by the U.S. Department of State.
Nonappropriated fund activity means an activity or entity that is
not funded by money appropriated from the general fund of the U.S.
Treasury, such as post exchanges, ship stores, military officers' clubs,
veterans' canteens, and similar activities. Such property is not Federal
property.
Personal property means any property, except real property. For
purposes of this part, the term excludes records of the Federal
Government, and naval vessels of the following categories: battleships,
cruisers, aircraft carriers, destroyers, and submarines.
Project grant means a grant made for a specific purpose and with a
specific termination date.
[[Page 33]]
Property Act means the Federal Property and Administrative Services
Act of 1949 (63 Stat. 386), as amended.
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.
Related personal property means any personal property that is an
integral part of real property. It is:
(1) Related to, designed for, or specifically adapted to the
functional capacity of the real property and removal of this personal
property would significantly diminish the economic value of the real
property; or
(2) Determined by the Administrator of General Services to be
related to the real property.
Salvage means property that has value greater than its basic
material content but for which repair or rehabilitation is clearly
impractical and/or uneconomical.
Scrap means property that has no value except for its basic material
content.
Screening period means the period in which excess and surplus
personal property are made available for excess transfer or surplus
donation to eligible recipients.
Shelf-life item is any item that deteriorates over time or has
unstable characteristics such that a storage period must be assigned to
assure the item is issued within that period to provide satisfactory
performance. Management of such items is governed by part 101-27,
subpart 27.2, of this title and by DOD instructions, for executive
agencies and DOD respectively.
Surplus personal property (surplus) means excess personal property
no longer required by the Federal agencies as determined by GSA.
Surplus release date means the date when Federal screening has been
completed and the excess property becomes surplus.
Transfer with reimbursement means a transfer of excess personal
property between Federal agencies where the recipient is required to
pay, i.e. reimburse the holding agency, for the property.
Unit cost means the original acquisition cost of a single item of
property.
United States means all the 50 States and the District of Columbia.
Vessels means ships, boats and craft designed for navigation in and
on the water, propelled by oars or paddles, sail, or power.
Responsibility
Sec. 102-36.45 What are our responsibilities in the management of excess personal property?
(a) Agency procurement policies should require consideration of
excess personal property before authorizing procurement of new personal
property.
(b) You are encouraged to designate national and regional property
management officials to:
(1) Promote the use of available excess personal property to the
maximum extent practicable by your agency.
(2) Review and approve the acquisition and disposal of excess
personal property.
(3) Ensure that any agency implementing procedures comply with this
part.
(c) When acquiring excess personal property, you must:
(1) Limit the quantity acquired to that which is needed to
adequately perform the function necessary to support the mission of your
agency.
(2) Establish controls over the processing of excess personal
property transfer orders.
(3) Facilitate the timely pickup of acquired excess personal
property from the holding agency.
(d) While excess personal property you have acquired is in your
custody, or the custody of your non-Federal recipients and the
Government retains title, you and/or the non-Federal recipient must do
the following:
(1) Establish and maintain a system for property accountability.
(2) Protect the property against hazards including but not limited
to fire, theft, vandalism, and weather.
[[Page 34]]
(3) Perform the care and handling of personal property. ``Care and
handling'' includes completing, repairing, converting, rehabilitating,
operating, preserving, protecting, insuring, packing, storing, handling,
conserving, and transporting excess and surplus personal property, and
destroying or rendering innocuous property which is dangerous to public
health or safety.
(4) Maintain appropriate inventory levels as set forth in part 101-
27 of this title.
(5) Continuously monitor the personal property under your control to
assure maximum use, and develop and maintain a system to prevent and
detect nonuse, improper use, unauthorized disposal or destruction of
personal property.
(e) When you no longer need personal property to carry out the
mission of your program, you must:
(1) Offer the property for reassignment to other activities within
your agency.
(2) Promptly report excess personal property to GSA when it is no
longer needed by any activity within your agency for further reuse by
eligible recipients.
(3) Continue the care and handling of excess personal property while
it goes through the disposal process.
(4) Facilitate the timely transfer of excess personal property to
other Federal agencies or authorized eligible recipients.
(5) Provide reasonable access to authorized personnel for inspection
and removal of excess personal property.
(6) Ensure that final disposition complies with applicable
environmental, health, safety and national security regulations.
Sec. 102-36.50 May we use a contractor to perform the functions of excess personal property disposal?
Yes, you may use service contracts to perform disposal functions
that are not inherently Governmental, such as warehousing or custodial
duties. You are responsible for ensuring that the contractor conforms
with the requirements of the Property Act and the Federal Management
Regulation (41 CFR chapter 102), and any other applicable statutes and
regulations when performing these functions.
Sec. 102-36.55 What is GSA's role in the disposition of excess personal property?
In addition to developing and issuing regulations for the management
of excess personal property, GSA:
(a) Screens and offers available excess personal property to Federal
agencies and eligible non-Federal recipients.
(b) Approves and processes transfers of excess personal property to
eligible activities.
(c) Determines the amount of reimbursement for transfers of excess
personal property when appropriate.
(d) Conducts sales of surplus and exchange/sale personal property
when requested by an agency.
(e) Maintains an automated system, FEDS, to facilitate the reporting
and transferring of excess personal property.
Subpart B--Acquiring Excess Personal Property For Our Agency
Acquiring Excess
Sec. 102-36.60 Who is eligible to acquire excess personal property as authorized by the Property Act?
The following are eligible to acquire excess personal property:
(a) Federal agencies (for their own use or use by their authorized
contractors, cooperatives, and project grantees).
(b) The Senate.
(c) The House of Representatives.
(d) The Architect of the Capitol and any activities under his
direction.
(e) The DC Government.
(f) Mixed-ownership Government corporations as defined in 31 U.S.C.
9101.
Sec. 102-36.65 Why must we use excess personal property instead of buying new property?
Using excess personal property to the maximum extent practicable
maximizes the return on Government dollars spent and minimizes
expenditures for new procurement. Before purchasing new property, check
with the appropriate regional GSA Personal Property Management office or
access
[[Page 35]]
FEDS for any available excess personal property that may be suitable for
your needs. You must use excess personal property unless it would cause
serious hardship, be impractical, or impair your operations.
Sec. 102-36.70 What must we consider when acquiring excess personal property?
Consider the following when acquiring excess personal property:
(a) There must be an authorized requirement.
(b) The cost of acquiring and maintaining the excess personal
property (including packing, shipping, pickup, and necessary repairs)
does not exceed the cost of purchasing and maintaining new material.
(c) The sources of spare parts or repair/maintenance services to
support the acquired item are readily accessible.
(d) The supply of excess parts acquired must not exceed the life
expectancy of the equipment supported.
(e) The excess personal property will fulfill the required need with
reasonable certainty without sacrificing mission or schedule.
(f) You must not acquire excess personal property with the intent to
sell or trade for other assets.
Sec. 102-36.75 Do we pay for excess personal property we acquire from another Federal agency under a transfer?
(a) No, except for the situations listed in paragraph (b) of this
section, you do not pay for the property. However, you are responsible
for shipping and transportation costs. Where applicable, you may also be
required to pay packing, loading, and any costs directly related to the
dismantling of the property when required for the purpose of
transporting the property.
(b) You may be required to reimburse the holding agency for excess
personal property transferred to you (i.e., transfer with reimbursement)
when:
(1) Reimbursement is directed by GSA.
(2) The property was originally acquired with funds not appropriated
from the general fund of the Treasury or appropriated therefrom but by
law reimbursable from assessment, tax, or other revenue and the holding
agency requests reimbursement. It is executive branch policy that
working capital fund property shall be transferred without
reimbursement.
(3) The property was acquired with appropriated funds, but
reimbursement is required or authorized by law.
(4) You or the holding agency is the U.S. Postal Service (USPS).
(5) You are acquiring excess personal property for use by a project
grantee that is a public agency or a nonprofit organization and exempt
from taxation under 26 U.S.C. 501.
(6) You or the holding agency is the DC Government.
(7) You or the holding agency is a wholly owned or mixed-ownership
Government corporation as defined in the Government Corporation Control
Act (31 U.S.C. 9101-9110).
Sec. 102-36.80 How much do we pay for excess personal property on a transfer with reimbursement?
(a) You may be required to reimburse the holding agency the fair
market value when the transfer involves any of the conditions in
Sec. 102-36.75(b)(1) through (b)(4).
(b) When acquiring excess personal property for your project
grantees (Sec. 102-36.75(b)(5)), you are required to deposit into the
miscellaneous receipts fund of the U.S. Treasury an amount equal to 25
percent of the original acquisition cost of the property, except for
transfers under the conditions cited in Sec. 102-36.190.
(c) When you or the holding agency is the DC Government or a wholly
owned or mixed-ownership Government corporation (Sec. 102-36.75(b)(6) or
(b)(7)), you are required to reimburse the holding agency using fair
value reimbursement. Fair value reimbursement is 20 percent of the
original acquisition cost for new or unused property (i.e., condition
code 1), and zero percent for other personal property. Where
circumstances warrant, a higher fair value may be used if the agencies
concerned agree. Due to special circumstances or the unusual nature of
the property, the holding agency may use other criteria for establishing
fair value if approved or directed by GSA. You must refer any
disagreements to the appropriate regional
[[Page 36]]
GSA Personal Property Management office.
Sec. 102-36.85 Do we pay for personal property we acquire when it is disposed of by another agency under the exchange/sale authority, and how much do we pay?
Yes, you must pay for personal property disposed of under the
exchange/sale authority, in the amount required by the holding agency.
The amount of reimbursement is normally the fair market value.
Screening of Excess
Sec. 102-36.90 How do we find out what personal property is available as excess?
You may use the following methods to find out what excess personal
property is available:
(a) Check GSA's automated excess personal property system FEDS. For
information on FEDS access http://pub.fss.gsa.gov/property/.
(b) Contact or submit want lists to regional GSA Personal Property
Management offices.
(c) Check any available holding agency websites (see http://
www.policyworks.gov/surplus for a list of Federal agency websites.).
(d) Conduct on-site screening at various Federal facilities.
Sec. 102-36.95 How long is excess personal property available for screening?
The screening period for excess personal property is normally 21
calendar days. GSA may extend or shorten the screening period in
coordination with the holding agency. For screening timeframes for
Government property in the possession of contractors see the Federal
Acquisition Regulation (48 CFR part 45).
Sec. 102-36.100 When does the screening period start for excess personal property?
Screening starts when GSA receives the report of excess personal
property (see Sec. 102-36.230).
Sec. 102-36.105 Who is authorized to screen and where do we go to screen excess personal property on-site?
You may authorize your agency employees, contractors, or non-Federal
recipients that you sponsor to screen excess personal property. You may
visit Defense Reutilization and Marketing Offices (DRMOs) and DOD
contractor facilities to screen excess personal property generated by
the Department of Defense. You may also inspect excess personal property
at various civilian agency facilities throughout the United States.
Sec. 102-36.110 Do we need authorization to screen excess personal property?
(a) Yes, when entering a Federal facility, Federal agency employees
must present a valid Federal ID. Non-Federal individuals will need proof
of authorization from their sponsoring Federal agency in addition to a
valid picture identification.
(b) Entry on some Federal and contractor facilities may require
special authorization from that facility. Persons wishing to screen
excess personal property on such a facility must obtain approval from
that agency. Contact your regional GSA Personal Property Management
office for locations and accessibility.
Sec. 102-36.115 What information must we include in the authorization form for non-Federal persons to screen excess personal property?
(a) For non-Federal persons to screen excess personal property, you
must provide on the authorization form:
(1) The individual's name and the organization he/she represents;
(2) The period of time and location(s) in which screening will be
conducted; and
(3) The number and completion date of the applicable contract,
cooperative agreement, or grant.
(b) An authorized official of your agency must sign the
authorization form.
Sec. 102-36.120 What are our responsibilities in authorizing a non-Federal individual to screen excess personal property?
You must do the following:
[[Page 37]]
(a) Ensure that the non-Federal screener certifies that any and all
property requested will be used for authorized official purpose(s).
(b) Maintain a record of the authorized screeners under your
authority, to include names, addresses and telephone numbers, and any
additional identifying information such as driver's license or social
security numbers.
(c) Retrieve any expired or invalid screener's authorization forms.
Processing Transfers
Sec. 102-36.125 How do we process a Standard Form 122 (SF 122), Transfer Order Excess Personal Property, through GSA?
(a) You must first contact the appropriate regional GSA Personal
Property Management office to assure the property is available to you.
Submit your request on a SF 122, Transfer Order Excess Personal
Property, to the region in which the property is located. For the types
of property listed in the table in paragraph (b) of this section, submit
the SF 122 to the corresponding GSA regions. You may submit the SF 122
manually or transmit the required information by electronic media (FEDS)
or any other transfer form specified and approved by GSA.
(b) For the following types of property, you must submit the SF 122
to the corresponding GSA regions:
------------------------------------------------------------------------
Type of property GSA region Location
------------------------------------------------------------------------
Aircraft......................... 9 FBP San Francisco, CA
94102.
Firearms......................... 7 FP-8 Denver, CO 80225.
Foreign Gifts.................... FBP Washington, DC
20406.
Forfeited Property............... 3 FP Washington, DC
20407.
Standard Forms................... 7 FMP Ft. Worth, TX 76102.
Vessels, civilian................ 4 FD Atlanta, GA 30365.
Vessels, DOD..................... 3 FPD Philadelphia, PA
19107.
------------------------------------------------------------------------
[65 FR 31218, May 16, 2000; 65 FR 33889, May 25, 2000]
Sec. 102-36.130 What are our responsibilities in processing transfer orders of excess personal property?
Whether the excess is for your use or for use by a non-Federal
recipient that you sponsor, you must:
(a) Ensure that only authorized Federal officials of your agency
sign the SF 122 prior to submission to GSA for approval.
(b) Ensure that excess personal property approved for transfer is
used for authorized official purpose(s).
(c) Advise GSA of names of agency officials that are authorized to
approve SF 122s, and notify GSA of any changes in signatory authority.
Sec. 102-36.135 How much time do we have to pick up excess personal property that has been approved for transfer?
When the holding agency notifies you that the property is ready for
removal, you normally have 15 calendar days to pick up the property,
unless otherwise coordinated with the holding agency.
Sec. 102-36.140 May we arrange to have the excess personal property shipped to its final destination?
Yes, when the holding agency agrees to provide assistance in
preparing the property for shipping. You may be required to pay the
holding agency any direct costs in preparing the property for shipment.
You must provide shipping instructions and the appropriate fund code for
billing purposes on the SF 122.
Direct Transfers
Sec. 102-36.145 May we obtain excess personal property directly from another Federal agency without GSA approval?
Yes, but only under the following situations:
(a) You may obtain excess personal property that has not yet been
reported to GSA, provided the total acquisition cost of the excess
property does not exceed $10,000 per line item. You must ensure that a
SF 122 is completed for the direct transfer and that an authorized
official of your agency signs the SF 122. You must provide a copy of the
SF 122 to the appropriate regional GSA office within 10 workdays from
the date of the transaction.
(b) You may obtain excess personal property exceeding the $10,000
per line item limitation, provided you first contact the appropriate
regional GSA Personal Property Management office for verbal approval of
a prearranged transfer. You must annotate the SF 122 with the name of
the GSA approving official and the date of the verbal approval,
[[Page 38]]
and provide a copy of the SF 122 to GSA within 10 workdays from the date
of transaction.
(c) You are subject to the requirement to pay reimbursement for the
excess personal property under a direct transfer when any of the
conditions in Sec. 102-36.75(b) applies.
(d) You may obtain excess personal property directly from another
Federal agency without GSA approval when that Federal agency has
statutory authority to dispose of such excess personal property and you
are an eligible recipient.
Subpart C--Acquiring Excess Personal Property for Non-Federal Recipients
Sec. 102-36.150 For which non-Federal activities may we acquire excess personal property?
Under the Property Act you may acquire and furnish excess personal
property for use by your nonappropriated fund activities, contractors,
cooperatives, and project grantees. You may acquire and furnish excess
personal property for use by other eligible recipients only when you
have specific statutory authority to do so.
Sec. 102-36.155 What are our responsibilities when acquiring excess personal property for use by a non-Federal recipient?
When acquiring excess personal property for use by a non-Federal
recipient, your authorized agency official must:
(a) Ensure the use of excess personal property by the non-Federal
recipient is authorized and complies with applicable Federal regulations
and agency guidelines.
(b) Determine that the use of excess personal property will reduce
the costs to the Government and/or that it is in the Government's best
interest to furnish excess personal property.
(c) Review and approve transfer documents for excess personal
property as the sponsoring Federal agency.
(d) Ensure the non-Federal recipient is aware of his obligations
under the FMR and your agency regulations regarding the management of
excess personal property.
(e) Ensure the non-Federal recipient does not stockpile the property
but places the property into use within a reasonable period of time, and
has a system to prevent nonuse, improper use, or unauthorized disposal
or destruction of excess personal property furnished.
(f) Establish provisions and procedures for property accountability
and disposition in situations when the Government retains title.
(g) Report annually to GSA excess personal property furnished to
non-Federal recipients during the year (see Sec. 102-36.295).
Sec. 102-36.160 What additional information must we provide on the SF 122 when acquiring excess personal property for non-Federal recipients?
Annotate on the SF 122, the name of the non-Federal recipient and
the contract, grant or agreement number, when applicable, and the
scheduled completion/expiration date of the contract, grant or
agreement. If the remaining time prior to the expiration date is less
than 60 calendar days, you must certify that the contract, grant or
agreement will be extended or renewed or provide other written
justification for the transfer.
Nonappropriated Fund Activities
Sec. 102-36.165 Do we retain title to excess personal property furnished to a nonappropriated fund activity within our agency?
Yes, title to excess personal property furnished to a
nonappropriated fund activity remains with the Federal Government and
you are accountable for establishing controls over the use of such
excess property in accordance with Sec. 102-36.45(d). When such property
is no longer required by the nonappropriated fund activity, you must
reuse or dispose of the property in accordance with this part.
Sec. 102-36.170 May we transfer personal property owned by one of our nonappropriated fund activities?
Property purchased by a nonappropriated fund activity is not Federal
property. A nonappropriated fund activity has the option of making its
[[Page 39]]
privately owned personal property available for transfer to a Federal
agency, usually with reimbursement. If such reimbursable personal
property is not transferred to another Federal agency, it may be offered
for sale. Such property is not available for donation.
[65 FR 31218, May 16, 2000, as amended at 65 FR 33778, May 25, 2000]
Contractors
Sec. 102-36.175 Are there restrictions to acquiring excess personal property for use by our contractors?
Yes, you may acquire and furnish excess personal property for use by
your contractors subject to the criteria and restrictions in the Federal
Acquisition Regulation (48 CFR part 45). When such property is no longer
needed by your contractors or your agency, you must dispose of the
excess personal property in accordance with the provisions of this part.
Cooperatives
Sec. 102-36.180 Is there any limitation/condition to acquiring excess personal property for use by cooperatives?
Yes, you must limit the total dollar amount of property transfers
(in terms of original acquisition cost) to the dollar value of the
cooperative agreement. For any transfers in excess of such amount, you
must ensure that an official of your agency at a level higher than the
officer administering the agreement approves the transfer. The Federal
Government retains title to such property, except when provided by
specific statutory authority.
Project Grantees
Sec. 102-36.185 What are the requirements for acquiring excess personal property for use by our grantees?
You may furnish excess personal property for use by your grantees
only when:
(a) The grantee holds a Federally sponsored project grant;
(b) The grantee is a public agency or a nonprofit tax-exempt
organization under section 501 of the Internal Revenue Code of 1986 (26
U.S.C. 501);
(c) The property is for use in connection with the grant; and
(d) You pay 25 percent of the original acquisition cost of the
excess personal property, such funds to be deposited into the
miscellaneous receipts fund of the U.S. Treasury. Exceptions to paying
this 25 percent are provided in Sec. 102-36.190. Title to property vests
in the grantee when your agency pays 25 percent of the original
acquisition cost.
Sec. 102-36.190 Must we always pay 25 percent of the original acquisition cost when furnishing excess personal property to project grantees?
No, you may acquire excess personal property for use by a project
grantee without paying the 25 percent fee when any of the following
conditions apply:
(a) The personal property was originally acquired from excess
sources by your agency and has been placed into official use by your
agency for at least one year. The Federal Government retains title to
such property.
(b) The property is furnished under section 203 of the Department of
Agriculture Organic Act of 1944 (16 U.S.C. 580a) through the U.S. Forest
Service in connection with cooperative State forest fire control
programs. The Federal Government retains title to such property.
(c) The property is furnished by the U.S. Department of Agriculture
to State or county extension services or agricultural research
cooperatives under 40 U.S.C. 483(d)(2)(E). The Federal Government
retains title to such property.
(d) The property is not needed for donation under part 101-44 of
this title, and is transferred under section 608 of the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2358). Title to such
property transfers to the grantee. (You need not wait until after the
donation screening period when furnishing excess personal property to
recipients under the Agency for International Development (AID)
Development Loan Program.)
(e) The property is scientific equipment transferred under section
11(e) of the National Science Foundation (NSF) Act of 1950, as amended
(42 U.S.C. 1870(e)). GSA will limit such transfers to property within
Federal Supply
[[Page 40]]
Classification (FSC) groups 12, 14, 43, 48, 58, 59, 65, 66, 67, 68 and
70. GSA may approve transfers without reimbursement for property under
other FSC groups when NSF certifies the item is a component of or
related to a piece of scientific equipment or is a difficult-to-acquire
item needed for scientific research. Regardless of FSC, GSA will not
approve transfers of common-use or general-purpose items without
reimbursement. Title to such property transfers to the grantee.
(f) The property is furnished in connection with grants to Indian
tribes, as defined in section 3(c) of the Indian Financing Act (24
U.S.C. 1452(c)). Title passage is determined under the authorities of
the administering agency.
Sec. 102-36.195 What type of excess personal property may we furnish to our project grantees?
You may furnish to your project grantees any property, except for
consumable items, determined to be necessary and usable for the purpose
of the grant. Consumable items are generally not transferable to project
grantees. GSA may approve transfers of excess consumable items when
adequate justification for the transfer accompanies such requests. For
the purpose of this section ``consumable items'' are items which are
intended for one-time use and are actually consumed in that one time;
e.g., drugs, medicines, surgical dressings, cleaning and preserving
materials, and fuels.
Sec. 102-36.200 May we acquire excess personal property for cannibalization purposes by the grantees?
Yes, subject to GSA approval, you may acquire excess personal
property for cannibalization purposes. You may be required to provide a
supporting statement that indicates disassembly of the item for
secondary use has greater benefit than utilization of the item in its
existing form and cost savings to the Government will result.
Sec. 102-36.205 Is there a limit to how much excess personal property we may furnish to our grantees?
Yes, you must monitor transfers of excess personal property so the
total dollar amount of property transferred (in original acquisition
cost) does not exceed the dollar value of the grant. Any transfers above
the grant amount must be approved by an official at an administrative
level higher than the officer administering the grant.
Subpart D--Disposition of Excess Personal Property
Sec. 102-36.210 Why must we report excess personal property to GSA?
You must report excess personal property to promote reuse by the
Government to enable Federal agencies to benefit from the continued use
of property already paid for with taxpayers' money, thus minimizing new
procurement costs. Reporting excess personal property to GSA helps
assure that the information on available excess personal property is
accessible and disseminated to the widest range of reuse customers.
Reporting Excess Personal Property
Sec. 102-36.215 How do we report excess personal property?
Report excess personal property as follows:
(a) Electronically submit the data elements required on the Standard
Form 120 (SF 120), Report of Excess Personal Property, in a format
specified and approved by GSA; or
(b) Submit a paper SF 120 to the regional GSA Personal Property
Management office.
Sec. 102-36.220 Must we report all excess personal property to GSA?
(a) Generally yes, regardless of the condition code, except as
authorized in Sec. 102-36.145 for direct transfers or as exempted in
paragraph (b) of this section. Report all excess personal property,
including excess personal property to which the Government holds title
but is in the custody of your contractors, cooperatives, or project
grantees.
(b) You are not required to report the following types of excess
personal property to GSA for screening:
(1) Property determined appropriate for abandonment/destruction (see
Sec. 102-36.305).
(2) Nonappropriated fund property (see Sec. 102-36.165).
[[Page 41]]
(3) Foreign excess personal property (see Sec. 102-36.380).
(4) Scrap, except aircraft in scrap condition.
(5) Perishables, defined for the purposes of this section as any
personal property subject to spoilage or decay.
(6) Trading stamps and bonus goods.
(7) Hazardous waste.
(8) Controlled substances.
(9) Nuclear Regulatory Commission-controlled materials.
(10) Property dangerous to public health and safety.
(11) Classified items or property determined to be sensitive for
reasons of national security.
(c) Refer to part 101-42 of this title for additional guidance on
the disposition of classes of property under paragraphs (b)(7) through
(b)(11) of this section.
Sec. 102-36.225 Must we report excess related personal property?
Yes, you must report excess related personal property to the Office
of Real Property, GSA, in accordance with part 101-47 of this title.
Sec. 102-36.230 Where do we send the reports of excess personal property?
(a) You must direct electronic submissions of excess personal
property to the Federal Disposal System (FEDS) maintained by the
Property Management Division (FBP), GSA, Washington, DC 20406.
(b) For paper submissions, you must send the SF 120 to the regional
GSA Personal Property Management office for the region in which the
property is located. For the categories of property listed in Sec. 102-
36.125(b), forward the SF 120 to the corresponding regions.
Sec. 102-36.235 What information do we provide when reporting excess personal property?
(a) You must provide the following data on excess personal property:
(1) The reporting agency and the property location.
(2) A report number (6-digit activity address code and 4-digit
Julian date).
(3) 4-digit Federal Supply Class (use National Stock Number whenever
available).
(4) Description of item, in sufficient detail.
(5) Quantity and unit of issue.
(6) Disposal Condition Code (see Sec. 102-36.240).
(7) Original acquisition cost per unit and total cost (use estimate
if original cost not available).
(8) Manufacturer, date of manufacture, part and serial number, when
required by GSA.
(b) In addition, provide the following information on your report of
excess, when applicable:
(1) Major parts/components that are missing.
(2) If repairs are needed, the type of repairs.
(3) Special requirements for handling, storage, or transportation.
(4) The required date of removal due to moving or space
restrictions.
(5) If reimbursement is required, the authority under which the
reimbursement is requested, the amount of reimbursement and the
appropriate fund code to which money is to be deposited.
(6) If you will conduct the sale of personal property that is not
transferred or donated.
Sec. 102-36.240 What are the disposal condition codes?
The disposal condition codes are contained in the following table:
------------------------------------------------------------------------
Disposal condition code Definition
------------------------------------------------------------------------
1............................. New. Property which is in new condition
or unused condition and can be used
immediately without modifications or
repairs.
4............................. Usable. Property which shows some wear,
but can be used without significant
repair.
7............................. Repairable. Property which is unusable
in its current condition but can be
economically repaired.
X............................. Salvage. Property which has value in
excess of its basic material content,
but repair or rehabilitation is
impractical and/or uneconomical.
S............................. Scrap. Property which has no value
except for its basic material content.
------------------------------------------------------------------------
[[Page 42]]
Disposing of Excess Personal Property
Sec. 102-36.245 Are we accountable for the personal property that has been reported excess, and who is responsible for the care and handling costs?
Yes, you are accountable for the excess personal property until the
time it is picked up by the designated recipient or its agent. You are
responsible for all care and handling charges while the excess personal
property is going through the screening and disposal process.
Sec. 102-36.250 Does GSA ever take physical custody of excess personal property?
Generally you retain physical custody of the excess personal
property prior to its final disposition. Very rarely GSA may consider
accepting physical custody of excess personal property. Under special
circumstances, GSA may take custody or may direct the transfer of
partial or total custody to other executive agencies, with their
consent.
Sec. 102-36.255 What options do we have when unusual circumstances do not allow adequate time for disposal through GSA?
Contact your regional GSA Personal Property Management office for
any existing interagency agreements that would allow you to turn in
excess personal property to a Federal facility. You are responsible for
any turn-in costs and all costs related to transporting the excess
personal property to these facilities.
Sec. 102-36.260 How do we promote the expeditious transfer of excess personal property?
For expeditious transfer of excess personal property you should:
(a) Provide complete and accurate property descriptions and
condition codes on the report of excess to facilitate the selection of
usable property by potential users.
(b) Ensure that any available operating manual, parts list, diagram,
maintenance log, or other instructional publication is made available
with the property at the time of transfer.
(c) Advise the designated recipient of any special requirements for
dismantling, shipping/transportation.
(d) When the excess personal property is located at a facility due
to be closed, provide advance notice of the scheduled date of closing,
and ensure there is sufficient time for screening and removal of
property.
Sec. 102-36.265 What if there are competing requests for the same excess personal property?
(a) GSA will generally approve transfers on a first-come, first-
served basis. When more than one Federal agency requests the same item,
and the quantity available is not sufficient to meet the demand of all
interested agencies, GSA will consider factors such as national defense
requirements, emergency needs, avoiding the necessity of a new
procurement, energy conservation, transportation costs, and retention of
title in the Government. GSA will normally give preference to the agency
that will retain title in the Government.
(b) Requests for property for the purpose of cannibalization will
normally be subordinate to requests for use of the property in its
existing form.
Sec. 102-36.270 What if a Federal agency requests personal property that is undergoing donation screening or in the sales process?
Prior to final disposition, GSA will consider requests from
authorized Federal activities for excess personal property undergoing
donation screening or in the sales process. Federal transfers may be
authorized prior to removal of the property under a donation or sales
action.
Sec. 102-36.275 May we dispose of excess personal property without GSA approval?
No, you may not dispose of excess personal property without GSA
approval except under the following limited situations:
(a) You may transfer to another Federal agency excess personal
property that has not yet been reported to GSA, under direct transfer
procedures contained in Sec. 102-36.145.
[[Page 43]]
(b) You may dispose of excess personal property that is not required
to be reported to GSA (see Sec. 102-36.220(b)).
(c) You may dispose of excess personal property without going
through GSA when such disposal is authorized by law.
Sec. 102-36.280 May we withdraw from the disposal process excess personal property that we have reported to GSA?
Yes, you may withdraw excess personal property from the disposal
process, but only with the approval of GSA and to satisfy an internal
agency requirement. Property that has been approved for transfer or
donation or offered for sale by GSA may be returned to your control with
proper justification.
Transfers With Reimbursement
Sec. 102-36.285 May we charge for personal property transferred to another Federal agency?
(a) When any one of the following conditions applies, you may
require and retain reimbursement for the excess personal property from
the recipient:
(1) Your agency has the statutory authority to require and retain
reimbursement for the property.
(2) You are transferring the property under the exchange/sale
authority.
(3) You had originally acquired the property with funds not
appropriated from the general fund of the Treasury or appropriated
therefrom but by law reimbursable from assessment, tax, or other
revenue. It is current executive branch policy that working capital fund
property shall be transferred without reimbursement.
(4) You or the recipient is the U.S. Postal Service.
(5) You or the recipient is the DC Government.
(6) You or the recipient is a wholly owned or mixed-ownership
Government corporation.
(b) You may charge for direct costs you incurred incident to the
transfer, such as packing, loading and shipping of the property. The
recipient is responsible for such charges unless you waive the amount
involved.
(c) You may not charge for overhead or administrative expenses or
the costs for care and handling of the property pending disposition.
Sec. 102-36.290 How much do we charge for excess personal property on a transfer with reimbursement?
(a) You may require reimbursement in an amount up to the fair market
value of the property when the transfer involves property meeting
conditions in Sec. 102-36.285(a)(1) through (a)(4).
(b) When you or the recipient is the DC Government or a wholly owned
or mixed-ownership Government corporation (Sec. 102-36.285(a)(5) and
(a)(6)), you may only require fair value reimbursement. Fair value
reimbursement is 20 percent of the original acquisition cost for new or
unused property (i.e., condition code 1), and zero percent for other
personal property. A higher fair value may be used if you and the
recipient agency agree. Due to special circumstances or the nature of
the property, you may use other criteria for establishing fair value if
approved or directed by GSA. You must refer any disagreements to the
appropriate regional GSA Personal Property Management office.
Report of Disposal Activity
Sec. 102-36.295 Is there any reporting requirement on the disposition of excess personal property?
Yes, you must report annually to GSA personal property furnished in
any manner in that year to any non-Federal recipients, with respect to
property obtained as excess or as property determined to be no longer
required for the purposes of the appropriation from which it was
purchased. GSA will subsequently submit a summary of these Non-Federal
Recipients Reports to Congress.
Sec. 102-36.300 How do we report the furnishing of personal property to non-Federal recipients?
(a) Submit your annual report of personal property furnished to non-
Federal recipients, in letter form, to GSA, Personal Property Management
Policy Division (MTP), 1800 F Street, NW, Washington, DC 20405, within
90 calendar days after the close of each fiscal
[[Page 44]]
year. The report must cover personal property disposed during the fiscal
year in all areas within the United States, the U.S. Virgin Islands,
American Samoa, Guam, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands. Negative reports are
required.
(b) The report (interagency report control number 0154--GSA--AN)
must reference this part and contain the following:
(1) Names of the non-Federal recipients.
(2) Status of the recipients (contractor, cooperative, project
grantee, etc.).
(3) Total original acquisition cost of excess personal property
furnished to each type of recipient, by type of property (two-digit FSC
groups).
Abandonment/Destruction
Sec. 102-36.305 May we abandon or destroy excess personal property without reporting it to GSA?
Yes, you may abandon or destroy excess personal property when you
have made a written determination 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. An item has no commercial
value when it has neither utility nor monetary value (either as an item
or as scrap).
Sec. 102-36.310 Who makes the determination to abandon or destroy excess personal property?
To abandon or destroy excess personal property, an authorized
official of your agency makes a written finding that must be approved by
a reviewing official who is not directly accountable for the property.
Sec. 102-36.315 Are there any restrictions to the use of the abandonment/destruction authority?
Yes, the following restrictions apply:
(a) You must not abandon or destroy property in a manner which is
detrimental or dangerous to public health or safety. Additional
guidelines for the abandonment/destruction of hazardous materials are
prescribed in part 101-42 of this title.
(b) If you become aware of an interest from an entity in purchasing
the property, you must implement sales procedures in lieu of
abandonment/destruction.
Sec. 102-36.320 May we transfer or donate excess personal property that has been determined appropriate for abandonment/destruction without GSA approval?
In lieu of abandonment/destruction, you may donate such excess
personal property only to a public body without going through GSA. A
public body is any department, agency, special purpose district, or
other instrumentality of a State or local government; any Indian tribe;
or any agency of the Federal Government. If you become aware of an
interest from an eligible non-profit organization (see part 101-44 of
this title) that is not a public body in acquiring the property, you
must contact the regional GSA Personal Property Management office and
implement donation procedures in accordance with part 101-44 of this
title.
Sec. 102-36.325 What must be done before the abandonment/destruction of excess personal property?
Except as provided in Sec. 102-36.330, you must provide public
notice of intent to abandon or destroy excess personal property, in a
format and timeframe specified by your agency regulations (such as
publishing a notice in a local newspaper, posting of signs in common use
facilities available to the public, or providing bulletins on your
website through the internet). You must also include in the notice an
offer to sell in accordance with part 101-45 of this title.
Sec. 102-36.330 Are there occasions when public notice is not needed regarding abandonment/destruction of excess personal property?
Yes, you are not required to provide public notice when:
(a) The value of the property is so little or the cost of its care
and handling, pending abandonment/destruction, is so great that its
retention for advertising for sale, even as scrap, is clearly not
economical;
[[Page 45]]
(b) Abandonment or destruction is required because of health,
safety, or security reasons; or
(c) When the original acquisition cost of the item (estimated if
unknown) is less than $500.
[65 FR 31218, May 16, 2000, as amended at 65 FR 34983, June 1, 2000]
Subpart E--Personal Property Whose Disposal Requires Special Handling
Sec. 102-36.335 Are there certain types of excess personal property that must be disposed of differently from normal disposal procedures?
Yes, you must comply with the additional provisions in this subpart
when disposing of the types of personal property listed in this subpart.
Aircraft and Aircraft Parts
Sec. 102-36.340 What must we do when disposing of excess aircraft?
(a) You must report to GSA all excess aircraft, regardless of
condition or dollar value, and provide the following information on the
SF 120:
(1) Manufacturer, date of manufacture, model, serial number.
(2) Major components missing from the aircraft (such as engines,
electronics).
(3) Whether or not the:
(i) Aircraft is operational;
(ii) Dataplate is available;
(iii) Historical and maintenance records are available;
(iv) Aircraft has been previously certificated by the Federal
Aviation Administration (FAA) and/or has been maintained to FAA
airworthiness standards;
(v) Aircraft was previously used for non-flight purposes (i.e.,
ground training or static display), and has been subjected to extensive
disassembly and re-assembly procedures for ground training, or repeated
burning for fire-fighting training purposes.
(4) For military aircraft, indicate Category A, B, or C as
designated by DOD, as follows:
------------------------------------------------------------------------
Category of aircraft Description
------------------------------------------------------------------------
A............................ Aircraft authorized for sale and exchange
for commercial use.
B............................ Aircraft previously used for ground
instruction and/or static display.
C............................ Aircraft that are combat configured as
determined by DOD.
------------------------------------------------------------------------
Note to Sec. 102-36.340(a)(4): For additional information on
military aircraft see Defense Materiel Disposition Manual, DOD 4160.21-
M, accessible at www.drms.dla.mil under Publications.
(b) When the designated transfer or donation recipient's intended
use is for non-flight purposes, you must remove and return the dataplate
to GSA Property Management Branch, San Francisco, California prior to
releasing the aircraft to the authorized recipient. GSA will forward the
dataplates to FAA.
(c) You must also submit a report of the final disposition of the
aircraft to the Federal Aviation Interactive Reporting System (FAIRS)
maintained by the Aircraft Management Policy Division (MTA), GSA, 1800 F
Street, NW, Washington, DC 20405. For additional instructions on
reporting to FAIRS see part 101-37 of this title.
Sec. 102-36.345 May we dispose of excess Flight Safety Critical Aircraft Parts (FSCAP)?
Yes, you may dispose of excess FSCAP, but first you must determine
whether the documentation available is adequate to allow transfer,
donation, or sale of the part in accordance with part 101-37, subpart
101-37.6, of this title. Otherwise, you must mutilate undocumented FSCAP
that has no traceability to its original equipment manufacturer and
dispose of it as scrap. When reporting excess FSCAP, annotate the
manufacturer, date of manufacture, part number, serial number, and the
appropriate Criticality Code on the SF 120, and ensure that all
available historical and maintenance records accompany the part at the
time of issue.
Sec. 102-36.350 How do we identify a FSCAP?
Any aircraft part designated as FSCAP is assigned an alpha
Criticality
[[Page 46]]
Code, and the code is annotated on the original transfer document when
you acquire the part. You must perpetuate the appropriate FSCAP
Criticality Code on all personal property records. You may contact the
Federal agency or Military service that originally owned the part for
assistance in making this determination, or query DOD's Federal
Logistics Information System (FLIS) using the National Stock Number
(NSN) for the part. For assistance in subscribing to the FLIS service
contact the FedLog Consumer Support Office, 800-351-4381.
Sec. 102-36.355 What are the FSCAP Criticality Codes?
The FSCAP Criticality Codes are contained in the following table:
------------------------------------------------------------------------
FSCAP code Description
------------------------------------------------------------------------
E............................ FSCAP specially designed to be or
selected as being nuclear hardened.
F............................ Flight Safety Critical Aircraft Part.
------------------------------------------------------------------------
Sec. 102-36.360 How do we dispose of aircraft parts that are life-limited but have no FSCAP designation?
When disposing of life-limited aircraft parts that have no FSCAP
designation, you must ensure that tags and labels, historical data and
maintenance records accompany the part on any transfers, donations or
sales. For additional information regarding the disposal of life-limited
parts with or without tags or documentation refer to part 101-37 of this
title.
Canines, Law Enforcement
Sec. 102-36.365 May we transfer or donate canines that have been used in the performance of law enforcement duties?
Yes, under Public Law 105-27 (111 Stat. 244), when the canine is no
longer needed for law enforcement duties, you may donate the canine to
an individual who has experience handling canines in the performance of
those official duties.
Disaster Relief Property
Sec. 102-36.370 Are there special requirements concerning the use of excess personal property for disaster relief?
Yes, upon declaration by the President of an emergency or a major
disaster, you may loan excess personal property to State and local
governments, with or without compensation and prior to reporting it as
excess to GSA, to alleviate suffering and damage resulting from any
emergency or major disaster (Disaster Relief Act of 1974 (Public Law 93-
288 (42 U.S.C. 5121)) and Executive Orders 11795 (3 CFR, 1971-1975
Comp., p. 887) and 12148 (3 CFR, 1979 Comp., p. 412), as amended). If
the loan involves property that has already been reported excess to GSA,
you may withdraw the item from the disposal process subject to approval
by GSA. You may also withdraw excess personal property for use by your
agency in providing assistance in disaster relief. You are still
accountable for this property and your agency is responsible for
developing agencywide procedures for recovery of such property.
Firearms
Sec. 102-36.375 May we dispose of excess firearms?
Yes, unless you have specific statutory authority to do otherwise,
excess firearms may be transferred only to those Federal agencies
authorized to acquire firearms for official use. GSA may donate certain
classes of surplus firearms to State and local government activities
whose primary function is the enforcement of applicable Federal, State,
and/or local laws and whose compensated law enforcement officers have
the authority to apprehend and arrest. Firearms not transferred or
donated must be destroyed and sold as scrap. For additional guidance on
the disposition of firearms refer to part 101-42 of this title.
[[Page 47]]
Foreign Excess Personal Property
Sec. 102-36.380 Who is responsible for disposing of foreign excess personal property?
Your agency is responsible for disposing of your foreign excess
personal property, as provided by title IV of the Property Act.
Sec. 102-36.385 What are our responsibilities in the disposal of foreign excess personal property?
When disposing of foreign excess personal property you must:
(a) Determine whether it is in the interest of the U.S. Government
to return foreign excess personal property to the U.S. for further re-
use or to dispose of the property overseas.
(b) Ensure that any disposal of property overseas conforms to the
foreign policy of the United States and the terms and conditions of any
applicable Host Nation Agreement.
(c) Ensure that, when foreign excess personal property is donated or
sold overseas, donation/sales conditions include a requirement for
compliance with U.S. Department of Commerce and Department of
Agriculture regulations when transporting any personal property back to
the U.S.
(d) Inform the U.S. State Department of any disposal of property to
any foreign governments or entities.
Sec. 102-36.390 How may we dispose of foreign excess personal property?
To dispose of foreign excess personal property, you may:
(a) Offer the property for re-use by U.S. Federal agencies overseas;
(b) Return the property to the U.S. for re-use by eligible
recipients;
(c) Sell, exchange, lease, or transfer such property for cash,
credit, or other property;
(d) Donate medical materials or supplies to nonprofit medical or
health organizations, including those qualified under sections 214(b)
and 607 of the Foreign Assistance Act of 1961, as amended (22 U.S.C.
2174, 2357); or
(e) Abandon, destroy or donate such property when you determine that
it has no commercial value or the estimated cost of care and handling
would exceed the estimated proceeds from its sale, in accordance with
sec. 402(a) of the Property Act. Abandonment, destruction or donation
actions must also comply with the laws of the country in which the
property is located.
Sec. 102-36.395 How may GSA assist us in disposing of foreign excess personal property?
You may request GSA's assistance in the screening of foreign excess
personal property for possible re-use by eligible recipients within the
U.S. GSA may, after consultation with you, designate property for return
to the United States for transfer or donation purposes.
Sec. 102-36.400 Who pays for the transportation costs when foreign excess personal property is returned to the United States?
When foreign excess property is to be returned to the U.S. for the
purpose of an approved transfer or donation under the provisions of
Sections 202 and 203 of the Property Act, the receiving agency is
responsible for all direct costs involved in the transfer, which include
packing, handling, crating, and transportation.
Gifts
Sec. 102-36.405 May we keep gifts given to us from the public?
If your agency has gift retention authority, you may retain gifts
from the public. Otherwise, you must report gifts you receive on a SF
120 to GSA. You must report gifts received from a foreign government in
accordance with part 101-49 of this title.
Sec. 102-36.410 How do we dispose of a gift in the form of money or intangible personal property?
Report intangible personal property to GSA, Personal Property
Management Division (FBP), Washington, D.C. 20406. You must not transfer
or dispose of this property without prior approval of GSA. The Secretary
of the Treasury will dispose of money and negotiable instruments such as
bonds, notes, or other securities under the authority of 31 U.S.C. 324.
[[Page 48]]
Sec. 102-36.415 How do we dispose of gifts other than intangible personal property?
(a) When the gift is offered with the condition that the property be
sold and the proceeds used to reduce the public debt, report the gift to
the regional GSA Personal Property Management office in which the
property is located. GSA will convert the gift to money upon acceptance
and deposit the proceeds into a special account of the U.S. Treasury.
(b) When the gift is offered with no conditions or restrictions, and
your agency has gift retention authority, you may use the gift for an
authorized official purpose without reporting to GSA. The property will
then lose its identity as a gift and you must account for it in the same
manner as Federal personal property acquired from authorized sources.
When the property is no longer needed, you must report it as excess
personal property to GSA.
(c) When the gift is offered with no conditions or restrictions, but
your agency does not have gift retention authority, you must report it
to the regional GSA Personal Property Management office. GSA will offer
the property for screening for possible transfer to a Federal agency or
convert the gift to money and deposit the funds with U.S. Treasury. If
your agency is interested in keeping the gift for an official purpose,
you must annotate your interest on the SF 120 and also submit a SF 122.
Sec. 102-36.420 How do we dispose of gifts from foreign governments or entities?
Report foreign gifts on a SF 120 to GSA, Personal Property
Management Division (FBP), Washington, DC 20406, for possible use by
your agency, or for transfer, donation or sale in accordance with the
provisions of part 101-49 of this title.
Hazardous Personal Property
Sec. 102-36.425 May we dispose of excess hazardous personal property?
Yes, but only in accordance with part 101-42 of this title. When
reporting excess hazardous property to GSA, certify on the SF 120 that
the property has been packaged and labeled as required. Annotate any
special requirements for handling, storage, or use, and provide a
description of the actual or potential hazard.
Munitions List Items/Commerce Control List Items (MLIs/CCLIs)
Sec. 102-36.430 May we dispose of excess Munitions List Items (MLIs)/Commerce Control List Items (CCLIs)?
You may dispose of excess MLIs/CCLIs only when you comply with the
additional disposal and demilitarization (DEMIL) requirements contained
in part 101-42 of this title. MLIs may require demilitarization when
issued to any non-DoD entity, and will require appropriate licensing
when exported from the U.S. CCLIs usually require export licensing when
transported from the U.S.
Sec. 102-36.435 How do we identify Munitions List Items (MLIs)/Commerce Control List Items (CCLIs) requiring demilitarization?
You identify MLIs/CCLIs requiring demilitarization by the
demilitarization code that is assigned to each MLI or CCLI. The code
indicates the type and scope of demilitarization and/or export controls
that must be accomplished, when required, before issue to any non-DOD
activity. For a listing of the codes and additional guidance on DEMIL
procedures see DOD Demilitarization and Trade Security Control Manual,
DOD 4160.21-M-1.
Printing Equipment and Supplies
Sec. 102-36.440 Are there special procedures for reporting excess printing and binding equipment and supplies?
Yes, in accordance with 44 U.S.C. 312, you must submit reports of
excess printing and binding machinery, equipment, materials, and
supplies to the Public Printer, Government Printing Office (GPO),
Customer Service Manager, North Capitol and H Streets, NW, Washington,
DC 20401. If GPO has no requirement for the property, you must then
submit the report to GSA.
[[Page 49]]
Red Cross Property
Sec. 102-36.445 Do we report excess personal property originally acquired from or through the American National Red Cross?
Yes, when reporting excess personal property which was processed,
produced, or donated by the American National Red Cross, note ``RED
CROSS PROPERTY'' on the SF 120 or report document. GSA will offer to
return this property to the Red Cross if no other Federal agency has a
need for it. If the Red Cross has no requirement the property continues
in the disposal process and is available for donation.
Shelf-Life Items
Sec. 102-36.450 Do we report excess shelf-life items?
(a) When there are quantities on hand that would not be utilized by
the expiration date and cannot be returned to the vendor for credit, you
must report such expected overage as excess for possible transfer and
disposal to ensure maximum use prior to deterioration.
(b) You need not report expired shelf-life items. You may dispose of
property with expired shelf-life by abandonment/destruction in
accordance with Sec. 102-36.305 and in compliance with Federal, State,
and local waste disposal and air and water pollution control standards.
Sec. 102-36.455 How do we report excess shelf-life items?
You must identify the property as shelf-life items by ``SL'',
indicate the expiration date, whether the date is the original or an
extended date, and if the date is further extendable. GSA may adjust the
screening period based on re-use potential and the remaining useful
shelf life.
Sec. 102-36.460 Do we report excess medical shelf-life items held for national emergency purposes?
When the remaining shelf life of any medical materials or supplies
held for national emergency purposes is of too short a period to justify
their continued retention, you should report such property excess for
possible transfer and disposal. You must make such excess determinations
at such time as to ensure that sufficient time remains to permit their
use before their shelf life expires and the items are unfit for human
use. You must identify such items with ``MSL'' and the expiration date,
and indicate any specialized storage requirements.
Sec. 102-36.465 May we transfer or exchange excess medical shelf-life items with other Federal agencies?
Yes, you may transfer or exchange excess medical shelf-life items
held for national emergency purposes with any other Federal agency for
other medical materials or supplies, without GSA approval and without
regard to part 101-46 of this title. You and the transferee agency will
agree to the terms and prices. You may credit any proceeds derived from
such transactions to your agency's current applicable appropriation and
use the funds only for the purchase of medical materials or supplies for
national emergency purposes.
Vessels
Sec. 102-36.470 What must we do when disposing of excess vessels?
(a) When you dispose of excess vessels you must indicate on the SF
120 the following information:
(1) Whether the vessel has been inspected by the Coast Guard.
(2) Whether testing for hazardous materials has been done. And if
so, the result of the testing, specifically the presence or absence of
PCB's and asbestos and level of contamination.
(3) Whether hazardous materials clean-up is required, and when it
will be accomplished by your agency.
(b) In accordance with section 203(i) of the Property Act, the
Federal Maritime Administration (FMA), Department of Transportation, is
responsible for disposing of surplus vessels determined to be merchant
vessels or capable of conversion to merchant use and weighing 1,500
gross tons or more. The SF 120 for such vessels shall be forwarded to
GSA for submission to FMA.
(c) Disposal instructions regarding vessels in this part do not
apply to battleships, cruisers, aircraft carriers, destroyers, and
submarines.
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Subpart F--Miscellaneous Disposition
Sec. 102-36.475 What is the authority for transfers under ``Computers for Learning''?
(a) The Stevenson-Wydler Technology Innovation Act of 1980, as
amended (15 U.S.C. 3710(i)), authorizes Federal agencies to transfer
excess education-related Federal equipment to educational institutions
or nonprofit organizations for educational and research activities.
Executive Order 12999 (3 CFR, 1996 Comp., p. 180) requires, to the
extent permitted by law and where appropriate, the transfer of computer
equipment for use by schools or non-profit organizations.
(b) Each Federal agency is required to identify a point of contact
within the agency to assist eligible recipients, and to publicize the
availability of such property to eligible communities. Excess education-
related equipment may be transferred directly under established agency
procedures, or reported to GSA as excess for subsequent transfer to
potential eligible recipients as appropriate. You must include transfers
under this authority in the annual Non-Federal Recipients Report (See
Sec. 102-36.295) to GSA.
(c) The ``Computers for Learning'' website has been developed to
streamline the transfer of excess and surplus Federal computer equipment
to schools and nonprofit educational organizations. For additional
information about this program access the ``Computers for Learning''
website, http://www.computers.fed.gov.
PARTS 102-37--102-70 [RESERVED]
[[Page 51]]
SUBCHAPTER C--REAL PROPERTY
PART 102-71--GENERAL [RESERVED]
PART 102-72--DELEGATION OF AUTHORITY [RESERVED]
PART 102-73--REAL ESTATE ACQUISITION [RESERVED]
PART 102-74--FACILITY MANAGEMENT [RESERVED]
PART 102-75--DISPOSITION OF REAL PROPERTY [RESERVED]
PART 102-76--DESIGN AND CONSTRUCTION [RESERVED]
PART 102-77--ART-IN-ARCHITECTURE [RESERVED]
PART 102-78--HISTORIC PRESERVATION [RESERVED]
PART 102-79--ASSIGNMENT AND UTILIZATION OF SPACE [RESERVED]
PART 102-80--SAFETY AND ENVIRONMENTAL MANAGEMENT [RESERVED]
PART 102-81--SECURITY [RESERVED]
PART 102-82--UTILITY SERVICES [RESERVED]
PART 102-83--CENTRALIZED SERVICES IN FEDERAL BUILDINGS AND COMPLEXES
[RESERVED]
PARTS 102-84--ANNUAL REAL PROPERTY INVENTORIES [RESERVED]
PART 102-85--102-115 [RESERVED]
[[Page 52]]
SUBCHAPTER D--TRANSPORTATION
PART 102-116--GENERAL [RESERVED]
PART 102-117--TRANSPORTATION MANAGEMENT [RESERVED]
PART 102-118--TRANSPORTATION PAYMENT AND AUDIT--Table of Contents
Subpart A--General
Introduction
Sec.
102-118.5 What is the purpose of this part?
102-118.10 What is a transportation audit?
102-118.15 What is a transportation payment?
102-118.20 Who is subject to this part?
102-118.25 Does GSA still require my agency to submit its overall
transportation policies for approval?
102-118.30 Are Government corporations bound by this part?
Definitions
102-118.35 What definitions apply to this part?
Subpart B--Ordering and Paying for Transportation and Transportation
Services
102-118.40 How does my agency order transportation and transportation
services?
102-118.45 How does a transportation service provider (TSP) bill my
agency for transportation and transportation services?
102-118.50 How does my agency pay for transportation services?
102-118.55 What administrative procedures must my agency establish for
payment of freight, household goods, or other transportation
services?
102-118.60 To what extent must my agency use electronic commerce?
102-118.65 Can my agency receive electronic billing for payment of
transportation services?
102-118.70 Must my agency make all payments via electronic funds
transfer?
102-118.75 What if my agency or the TSP does not have an account with a
financial institution or approved payment agent?
102-118.80 Who is responsible for keeping my agency's electronic
commerce transportation billing records?
102-118.85 Can my agency use a Government contractor issued charge card
to pay for transportation services?
102-118.90 If my agency orders transportation and/or transportation
services with a Government contractor issued charge card or
charge account citation, is this subject to prepayment audit?
102-118.95 What forms can my agency use to pay transportation bills?
102-118.100 What must my agency ensure is on each SF 1113?
102-118.105 Where can I find the rules governing the use of a
Government Bill of Lading?
102-118.110 Where can I find the rules governing the use of a
Government Transportation Request?
102-118.115 Must my agency use a GBL?
102-118.120 Must my agency use a GTR?
102-118.125 What if my agency uses a TD other than a GBL?
102-118.130 Must my agency use a GBL for express, courier, or small
package shipments?
102-118.135 Where are the mandatory terms and conditions governing the
use of bills of lading?
102-118.140 What are the major mandatory terms and conditions governing
the use of GBLs and bills of lading?
102-118.145 Where are the mandatory terms and conditions governing the
use of passenger transportation documents?
102-118.150 What are the major mandatory terms and conditions governing
the use of passenger transportation documents?
102-118.155 How does my agency handle supplemental billings from the
TSP after payment of the original bill?
102-118.160 Who is liable if my agency makes an overpayment on a
transportation bill?
102-118.165 What must my agency do if it finds an error on a TSP bill?
102-118.170 Will GSA continue to maintain a centralized numbering
system for Government transportation documents?
Subpart C--Use of Government Billing Documents
Terms and Conditions Governing Acceptance and Use of a Government Bill
of Lading (GBL) or Government Transportation Request (GTR) (Until Form
Retirement)
102-118.175 Must my agency prepare for the GBL retirement?
102-118.180 Must my agency prepare for the GTR retirement?
102-118.185 When buying freight transportation, must my agency
reference the applicable contract or tender on the bill of
lading (including GBLs)?
[[Page 53]]
102-118.190 When buying passenger transportation, must my agency
reference the applicable contract?
102-118.195 What documents must a transportation service provider (TSP)
send to receive payment for a transportation billing?
102-118.200 Can a TSP demand advance payment for the transportation
charges submitted on a bill of lading (including GBL)?
102-118.205 May my agency pay an agent functioning as a warehouseman
for the TSP providing service under the bill of lading?
102-118.210 May my agency use bills of lading other than the GBL for a
transportation shipment?
102-118.215 May my agency pay a TSP any extra fees to pay for the
preparation and use of the GBL or GTR?
102-118.220 If a transportation debt is owed to my agency by a TSP
because of loss or damage to property, does my agency report
it to GSA?
102-118.225 What constitutes final receipt of shipment?
102-118.230 What if my agency creates or eliminates a field office
approved to prepare transportation documents?
Agency Responsibilities When Using Government Bills of Lading (GBLs) or
Government Transportation Requests (GTRs)
102-118.235 Must my agency keep physical control and accountability of
the GBL and GTR forms or GBL and GTR numbers?
102-118.240 How does my agency get GBL and GTR forms?
102-118.245 How does my agency get an assigned set of GBL or GTR
numbers?
102-118.250 Who is accountable for the issuance and use of GBL and GTR
forms?
102-118.255 Are GBL and GTR forms numbered and used sequentially?
Quotations, Tenders or Contracts
102-118.260 Must my agency send all quotations, tenders, or contracts
with a TSP to GSA?
Subpart D--Prepayment Audits of Transportation Services
Agency Requirements for Prepayment Audits
102-118.265 What is a prepayment audit?
102-118.270 Must my agency establish a prepayment audit program?
102-118.275 What must my agency consider when designing and
implementing a prepayment audit program?
102-118.280 What advantages does the prepayment audit offer my agency?
102-118.285 What options for performing a prepayment audit does my
agency have?
102-118.290 Must every electronic and paper transportation bill undergo
a prepayment audit?
102-118.295 What are the limited exceptions to every bill undergoing a
prepayment audit?
102-118.300 How does my agency fund its prepayment audit program?
102-118.305 Must my agency notify the TSP of any adjustment to the
TSP's bill?
102-118.310 Must my agency prepayment audit program establish appeal
procedures whereby a TSP may appeal any reduction in the
amount billed?
102-118.315 What must my agency do if the TSP disputes the findings and
my agency cannot resolve the dispute?
102-118.320 What information must be on transportation bills which have
completed my agency's prepayment audit?
Maintaining an Approved Program
102-118.325 Must I get approval for my agency's prepayment audit
program?
102-118.330 What are the elements of an acceptable prepayment audit
program?
102-118.335 What does the GSA Audit Division consider when verifying an
agency prepayment audit program?
102-118.340 How does my agency contact the GSA Audit Division?
102-118.345 If my agency chooses to change an approved prepayment audit
program, does the program need to be re-approved?
Liability for Certifying and Disbursing Officers
102-118.350 Does establishing a prepayment audit system or program
change the responsibilities of the certifying officers?
102-118.355 Does a prepayment audit waiver, change any liabilities of
the certifying officer?
102-118.360 What relief from liability is available for the certifying
official under a postpayment audit?
102-118.365 Do the requirements of a prepayment audit change the
disbursing official's liability for overpayment?
102-118.370 Where does relief from prepayment audit liability for
certifying, accountable, and disbursing officers reside in my
agency?
Waivers From Mandatory Prepayment Audit
102-118.375 Who has the authority to grant a waiver of the prepayment
audit requirement?
102-118.380 How does my agency apply for a waiver from the prepayment
audit requirement?
102-118.385 What must a waiver request include?
[[Page 54]]
102-118.390 On what basis does GSA grant a waiver to the prepayment
audit requirement?
102-118.395 How long will GSA take to respond to a waiver request?
102-118.400 Must my agency renew a waiver of the prepayment audit
requirements?
102-118.405 Are my agency's prepayment audited transportation bills
subject to periodic postpayment audit oversight from the GSA
Audit Division?
Suspension of Agency Prepayment Audit Programs
102-118.410 Can GSA suspend my agency's prepayment audit program?
Subpart E--Postpayment Transportation Audits
102-118.415 Will the widespread mandatory use of prepayment audits
eliminate postpayment audits?
102-118.420 Can the Administrator of General Services waive the
postpayment auditing provisions of this subpart?
102-118.425 Is my agency allowed to perform a postpayment audit on our
transportation bills?
102-118.430 What information must be on my agency's transportation
bills submitted for a postpayment audit?
102-118.435 What procedures does GSA use to perform a postpayment
audit?
102-118.440 What are the postpayment audit responsibilities and roles
of the GSA Audit Division?
102-118.445 Must my agency pay for a postpayment audit when using the
GSA Audit Division?
Subpart F--Claims and Appeal Procedures
General Agency Information for All Claims
102-118.450 Can a TSP file a transportation claim against my agency?
102-118.445 What is the time limit for a TSP to file a transportation
claim against my agency?
102-118.460 What is the time limit for my agency to file a court claim
with a TSP for freight charges, reparations, and loss or
damage to the property?
102-118.465 Must my agency pay interest on a disputed amount claimed by
a TSP?
102-118.470 Are there statutory time limits for a TSP on filing an
administrative claim with the GSA Audit Division?
102-118.475 Does interest apply after certification of payment of
claims?
102-118.480 How does my agency settle disputes with a TSP?
102-118.485 Is there a time limit for my agency to issue a decision on
disputed claims?
102-118.490 What if my agency fails to settle a dispute within 30 days?
102-118.495 May my agency appeal a decision by the General Services
Board of Contract Appeals (GSBCA)?
102-118.500 How does my agency handle a voluntary refund submitted by a
TSP?
102-118.505 Must my agency send a voluntary refund to the Treasurer of
the United States?
102-118.510 Can my agency revise or alter a GSA Form 7931, Certificate
of Settlement?
102-118.515 Does my agency have any recourse not to pay a Certificate
of Settlement?
102-118.520 Who is responsible for determining the standards for
collection, compromise, termination, or suspension of
collection action on any outstanding debts to my agency?
102-118.525 What are my agency's responsibilities for verifying the
correct amount of transportation charges?
102-118.530 Will GSA instruct my agency's disbursing offices to offset
unpaid TSP billings?
102-118.535 Are there principles governing my agency's TSP debt
collection procedures?
102-118.540 Who has the authority to audit, settle accounts, and/or
start collection action for all transportation services
provided for my agency?
Transportation Service Provider (TSP) Filing Requirements
102-118.545 What information must a TSP claim include?
102-118.550 How does a TSP file an administrative claim using EDI or
other electronic means?
102-118.555 Can a TSP file a supplemental administrative claim?
102-118.560 What is the required format that a TSP must use to file an
administrative claim?
102-118.565 What documentation is required when filing an
administrative claim?
Transportation Service Provider (TSP) and Agency Appeal Procedures for
Prepayment Audits
102-118.570 If my agency denies the TSP's challenge to the Statement of
Difference, may the TSP appeal?
102-118.575 If a TSP disagrees with the decision of my agency, can the
TSP appeal?
102-118.580 May a TSP appeal a prepayment audit decision of the GSA
Audit Division?
102-118.585 May a TSP appeal a prepayment audit decision of the GSBCA?
102-118 .590 May my agency appeal a prepayment audit decision of the
GSA Audit Division?
[[Page 55]]
102-118.595 May my agency appeal a prepayment audit decision by the
GSBCA?
Transportation Service Provider (TSP) and Agency Appeal Procedures for
Postpayment Audits
102-118.600 When a TSP disagrees with a Notice of Overcharge resulting
from a postpayment audit, what are the appeal procedures?
102-118.605 What if a TSP disagrees with the Notice of Indebtedness?
102-118.610 Is a TSP notified when GSA allows a claim?
102-118.615 Will GSA notify a TSP if they internally offset a payment?
102-118.620 How will a TSP know if the GSA Audit Division disallows a
claim?
102-118.625 Can a TSP request a reconsideration of a settlement action
by the GSA Audit Division?
102-118.630 How must a TSP refund amounts due to GSA?
102-118.635 Can the Government charge interest on an amount due from a
TSP?
102-118.640 If a TSP fails to pay or to appeal an overcharge, what
actions will GSA pursue to collect the debt?
102-118.645 Can a TSP file an administrative claim on collection
actions?
102-118.650 Can a TSP request a review of a settlement action by the
Administrator of General Services?
102-118.655 Are there time limits on a TSP request for an
administrative review by the GSBCA?
102-118.660 May a TSP appeal a postpayment audit decision of the GSBCA?
102-118.665 May my agency appeal a postpayment audit decision by the
GSBCA?
Transportation Service Provider (TSP) Non-Payment of a Claim
102-118.670 If a TSP cannot immediately pay a debt, can they make other
arrangements for payment?
102-118.675 What recourse does my agency have if a TSP does not pay a
transportation debt?
Authority: 31 U.S.C. 3726; and 40 U.S.C. 481, et seq.
Source: 65 FR 24569, Apr. 26, 2000, unless otherwise noted.
Subpart A--General
Introduction
Sec. 102-118.5 What is the purpose of this part?
The purpose of this part is to interpret statutes and other policies
that assure that payment and payment mechanisms for agency
transportation services are uniform and appropriate. This part
communicates the policies clearly to agencies and transportation service
providers (TSPs). (See Sec. 102-118.35 for the definition of TSP.)
Sec. 102-118.10 What is a transportation audit?
A transportation audit is a thorough review and validation of
transportation related bills. The audit must examine the validity,
propriety, and conformity of the charges with tariffs, quotations,
agreements, or tenders, as appropriate. Each agency must ensure that its
internal transportation audit procedures prevent duplicate payments and
only allow payment for authorized services, and that the TSP's bill is
complete with required documentation.
Sec. 102-118.15 What is a transportation payment?
A transportation payment is a payment made by an agency to a TSP for
the movement of goods or people and/or transportation related services.
Sec. 102-118.20 Who is subject to this part?
All agencies and TSPs defined in Sec. 102-118.35 are subject to this
part. Your agency is required to incorporate this part into its internal
regulations.
Sec. 102-118.25 Does GSA still require my agency to submit its overall transportation policies for approval?
GSA no longer requires your agency to submit its overall
transportation policies for approval. However, as noted in Sec. 102-
118.325, agencies must submit their prepayment audit plans for approval.
In addition, GSA may from time to time request to examine your agency's
transportation policies to verify the correct performance of the
prepayment audit of your agency's transportation bills.
Sec. 102-118.30 Are Government corporations bound by this part?
No, Government corporations are not bound by this part. However,
they may choose to use it if they wish.
[[Page 56]]
Definitions
Sec. 102-118.35 What definitions apply to this part?
The following definitions apply to this part:
Agency means Executive agency, but does not include:
(1) A Government Controlled Corporation;
(2) The Tennessee Valley Authority;
(3) The Virgin Islands Corporation;
(4) The Atomic Energy Commission;
(5) The Central Intelligence Agency;
(6) The Panama Canal Commission; and
(7) The National Security Agency, Department of Defense.
Note to the definition of Agency: All agencies' payments for
transportation services are subject to the transportation audit
provisions of section 322 of the Transportation Act of 1940, as amended
(31 U.S.C. 3726).
Agency claim means any demand by an agency upon a TSP for the
payment of overcharges, ordinary debts, fines, penalties, administrative
fees, special charges, and interest.
Bill of lading, sometimes referred to as a commercial bill of lading
(but includes GBLs), is the document used as a receipt of goods, and
documentary evidence of title. It is also a contract of carriage when
movement is under 49 U.S.C. 10721 and 49 U.S.C. 13712.
Document reference number means the unique number on a bill of
lading, Government Bill of Lading, Government Transportation Request, or
transportation ticket, used to track the movement of shipments and
individuals.
EDI signature means a discrete authentication code which serves in
place of a paper signature and binds parties to the terms and conditions
of a contract in electronic communication.
Electronic commerce means electronic techniques for performing
business transactions (ordering, billing, and paying for goods and
services), including electronic mail or messaging, Internet technology,
electronic bulletin boards, charge cards, electronic funds transfers,
and electronic data interchange.
Electronic data interchange means electronic techniques for carrying
out transportation transactions using electronic transmissions of the
information between computers instead of paper documents. These
electronic transmissions must use established and published formats and
codes as authorized by the applicable Federal Information Processing
Standards.
Electronic funds transfer means any transfer of funds, other than
transactions initiated by cash, check, or similar paper instrument, that
is initiated through an electronic terminal, telephone, computer, or
magnetic tape, for the purpose of ordering, instructing, or authorizing
a financial institution to debit or credit an account. The term includes
Automated Clearinghouse transfers, Fed Wire transfers, and transfers
made at automatic teller machines and point of sale terminals.
Government Bill of Lading (GBL) means Optional Forms 1103 and 1203,
the transportation documents issued by GSA and used as a receipt of
goods, evidence of title, and generally a contract of carriage.
Government contractor-issued charge card means both an individually
billed travel card, which the individual is required to pay, and a
centrally billed account for paying travel expenses, which the agency is
required to pay.
Government Transportation Request (GTR) means Optional Form 1169,
the Government document used to buy transportation services. The
document normally obligates the Government to pay for the transportation
services provided.
Offset means agency use of money owed by the agency to a
transportation service provider (TSP) to cover a previous debt incurred
to the agency by the TSP.
Ordinary debt means an amount that a TSP owes an agency other than
for the repayment of an overcharge. Ordinary debts include, but are not
limited to, payments for transportation services ordered and not
provided (including unused transportation tickets), duplicate payments,
and amounts for which a TSP is liable because of loss and/or damage to
property it transported.
Overcharge means those charges for transportation and travel
services that exceed those applicable under the contract for carriage.
This also includes charges more than those applicable
[[Page 57]]
under rates, fares and charges established pursuant to section 13712 and
10721 of the Revised Interstate Commerce Act, as amended (49 U.S.C.
13712 and 10721), or other equivalent contract, arrangement or exemption
from regulation.
Postpayment audit means an audit of transportation billing documents
after payment to decide their validity, propriety, and conformity with
tariffs, quotations, agreements, or tenders. This process may also
include subsequent adjustments and collections actions taken against a
TSP by the Government.
Prepayment audit means an audit of transportation billing documents
before payment to determine their validity, propriety, and conformity
with tariffs, quotations, agreements, or tenders.
Privately Owned Personal Property Government Bill of Lading,
Optional Form 1203, means the agency transportation document used as a
receipt of goods, evidence of title, and generally a contract of
carriage. It is only available for the transportation of household
goods. Use of this form is mandatory for Department of Defense, but
optional for other agencies.
Rate authority means the document that establishes the legal charges
for a transportation shipment. Charges included in a rate authority are
those rates, fares, and charges for transportation and related services
contained in tariffs, tenders, and other equivalent documents.
Released value is stated in dollars and is considered the assigned
value of the cargo for reimbursement purposes, not necessarily the
actual value of the cargo. Released value may be more or less than the
actual value of the cargo. The released value is the maximum amount that
could be recovered by the agency in the event of loss or damage for the
shipments of freight and household goods. In return, when negotiating
for rates and the released value is proposed to be less than the actual
value of the cargo, the TSP should offer a rate lower than other rates
for shipping cargo at full value. The statement of released value may be
shown on any applicable tariff, tender, contract, transportation
document or other documents covering the shipment.
Reparation means the payment involving a TSP to or from an agency of
an improper transportation billing as determined by a postpayment audit.
Improper routing, overcharges, or duplicate payments may cause such
improper billing. This is different from payments to settle a claim for
loss and damage to items shipped under those rates.
Standard carrier alpha code (SCAC) means an unique four-letter code
assigned to each TSP by the National Motor Freight Traffic Association,
Inc.
Statement of difference means a statement issued by an agency or its
designated audit contractor during a prepayment audit when they
determine that a TSP has billed the agency for more than the proper
amount for the services. This statement tells the TSP on the invoice,
the amount allowed and the basis for the proper charges. The statement
also cites the applicable rate references and other data relied on for
support. The agency issues a separate statement of difference for each
transportation transaction.
Statement of difference rebuttal means a document used by the agency
to respond to a TSP's claim about an improper reduction made against the
TSP's original bill by the paying agency.
Supplemental bill means a bill for services that the TSP submits to
the agency for additional payment after reimbursement for the original
bill. The need to submit a supplemental bill may occur due to an
incorrect first bill or due to charges which were not included on the
original bill.
Taxpayer identification number (TIN) means the number required by
the Internal Revenue Service to be used by the TSP in reporting income
tax or other returns. For a TSP, the TIN is an employer identification
number.
Transportation document (TD) means any executed agreement for
transportation service, such as a bill of lading (including a Government
Bill of Lading), a Government Transportation Request, or transportation
ticket.
Transportation service means service involved in the physical
movement
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(from one location to another) of products, people, household goods, and
any other objects by a TSP for an agency as well as activities directly
relating to or supporting that movement. Examples of this are storage,
crating, or connecting appliances.
Transportation service provider (TSP) means any party, person,
agent, or carrier that provides freight or passenger transportation and
related services to an agency. For a freight shipment this would include
packers, truckers, and storers. For passenger transportation this would
include airlines, travel agents and travel management centers.
Transportation service provider claim means any demand by the TSP
for amounts not included in the original bill that the TSP believes an
agency owes them. This includes amounts deducted or offset by an agency;
amounts previously refunded by the TSP, which they now believe they are
owed; and any subsequent bills from the TSP resulting from a transaction
that was pre- or postpayment audited by the GSA Audit Division.
Virtual GBL (VGBL) means the use of a unique GBL number on a
commercial document, which binds the TSP to the terms and conditions of
a GBL.
Note to Sec. 102-118.35: 49 U.S.C. 13102, et seq., defines
additional transportation terms not listed in this section.
Subpart B--Ordering and Paying for Transportation and Transportation
Services
Sec. 102-118.40 How does my agency order transportation and transportation services?
Your agency orders:
(a) Transportation of freight and household goods and related
transportation services (e.g., packing, storage) with a charge card,
bill of lading, purchase order (or electronic equivalent), or for
domestic shipments until September 30, 2001, a Government Bill of Lading
(GBL). GBLs will continue to be available after that date, if needed,
for international shipments (including domestic overseas shipments).
(b) Transportation of people through the purchase of transportation
tickets with a Government issued charge card (or centrally billed travel
account citation), Government issued individual travel charge card,
personal charge card, cash (in accordance with Department of the
Treasury regulations), or in limited prescribed situations, a Government
Transportation Request (GTR). See the ``U.S. Government Passenger
Transportation--Handbook,'' obtainable from:
General Services Administration
Federal Supply Service
Audit Division (FBA)
1800 F Street, NW.
Washington, DC 20405
http://pub.fss.gsa.gov/transtrav