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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 41 - Public Contracts and Property Management |
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Subtitle C - Federal Property Management Regulations System |
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Chapter 102 - Federal Management Regulation |
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SubChapter B - Personal Property |
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Part 102-37 - Donation of Surplus Personal Property |
| Subpart A - General Provisions |
| Definitions |
| § 102-37.25 - What definitions apply to this part? |
| Donation Overview |
| § 102-37.30 - When does property become available for donation? |
| § 102-37.35 - Who handles the donation of surplus property? |
| § 102-37.40 - What type of surplus property is available for donation? |
| § 102-37.45 - How long is property available for donation screening? |
| § 102-37.50 - What is the general process for requesting surplus property for donation? |
| § 102-37.55 - Who pays for transportation and other costs associated with a donation? |
| § 102-37.60 - How much time does a transferee have to pick up or remove surplus property from holding agency premises? |
| § 102-37.65 - What happens to surplus property that has been approved for transfer when the prospective transferee decides it cannot use the property and declines to pick it up? |
| § 102-37.70 - How should a transferee account for the receipt of a larger or smaller number of items than approved by GSA on the SF 123? |
| § 102-37.75 - What should be included in a shortage report? |
| § 102-37.80 - What happens to surplus property that isn't transferred for donation? |
| § 102-37.85 - Can surplus property being offered for sale be withdrawn and approved for donation? |
| § 102-37.5 - What does this part cover? |
| § 102-37.10 - What is the primary governing authority for this part? |
| § 102-37.15 - Who must comply with the provisions of this part? |
| § 102-37.20 - How do we request a deviation from this part and who can approve it? |
| Subpart B - General Services Administration (GSA) |
| § 102-37.90 - What are GSA's responsibilities in the donation of surplus property? |
| § 102-37.95 - How will GSA resolve competing transfer requests? |
| § 102-37.100 - What factors will GSA consider in allocating surplus property among SASPs? |
| § 102-37.105 - Is GSA required to compile any reports concerning the donation program? |
| Subpart C - Holding Agency |
| § 102-37.110 - What are a holding agency's responsibilities in the donation of surplus property? |
| § 102-37.115 - May a holding agency be reimbursed for costs incurred incident to a donation? |
| § 102-37.120 - May a holding agency donate surplus property directly to eligible non-Federal recipients without going through GSA? |
| § 102-37.125 - What are some donations that do not require GSA's approval? |
| Subpart D - State Agency for Surplus Property (SASP) |
| Reports |
| § 102-37.360 - What reports must a SASP provide to GSA? |
| State Plan of Operation |
| § 102-37.140 - What is a State plan of operation? |
| § 102-37.145 - Who is responsible for developing, certifying, and submitting the plan? |
| § 102-37.150 - What must a State legislature include in the plan? |
| § 102-37.155 - When does a plan take effect? |
| § 102-37.160 - Must GSA approve amendments or modifications to the plan? |
| § 102-37.165 - Do plans or major amendments require public notice? |
| § 102-37.170 - What happens if a SASP does not operate in accordance with its plan? |
| Liquidating a SASP |
| § 102-37.365 - What steps must a SASP take if the State decides to liquidate the agency? |
| § 102-37.370 - Do liquidation plans require public notice? |
| Service and Handling Charges |
| § 102-37.275 - May a SASP accept personal checks and non-official payment methods in payment of service charges? |
| § 102-37.280 - How may a SASP use service charge funds? |
| § 102-37.285 - May a SASP use service charge funds to support non-SASP State activities and programs? |
| Audits and Reviews |
| § 102-37.345 - When must a SASP be audited? |
| § 102-37.350 - Does coverage under the single audit process in OMB Circular A-133 exempt a SASP from other reviews of its program? |
| § 102-37.355 - What obligations does a SASP have to ensure that donees meet Circular A-133 requirements? |
| Distribution of Property |
| § 102-37.260 - How must a SASP document the distribution of surplus property? |
| § 102-37.265 - May a SASP distribute surplus property to eligible donees of another State? |
| § 102-37.270 - May a SASP retain surplus property for its own use? |
| Cooperative Agreements |
| § 102-37.325 - With whom and for what purpose(s) may a SASP enter into a cooperative agreement? |
| § 102-37.330 - Must the costs of providing support under a cooperative agreement be reimbursed by the parties receiving such support? |
| § 102-37.335 - May a SASP enter into a cooperative agreement with another SASP? |
| § 102-37.340 - When may a SASP terminate a cooperative agreement? |
| Disposing of Undistributed Property |
| § 102-37.290 - What must a SASP do with surplus property it cannot donate? |
| § 102-37.295 - Must GSA approve a transfer between SASPs? |
| § 102-37.300 - What information must a SASP provide GSA when reporting unneeded usable property for disposal? |
| § 102-37.305 - May a SASP act as GSA's agent in selling undistributed surplus property (either as usable property or scrap)? |
| § 102-37.310 - What must a proposal to sell undistributed surplus property include? |
| § 102-37.315 - What costs may a SASP recover if undistributed surplus property is retransferred or sold? |
| § 102-37.320 - Under what conditions may a SASP abandon or destroy undistributed surplus property? |
| Screening and Requesting Property |
| §§ 102-37.180--102-37.185 - [Reserved] |
| § 102-37.175 - How does a SASP find out what property is potentially available for donation? |
| § 102-37.180 - Does a SASP need special authorization to screen property at Federal facilities? |
| § 102-37.185 - How does a SASP obtain screening authorization for itself or its donees? |
| § 102-37.190 - What records must a SASP maintain on authorized screeners? |
| § 102-37.195 - Does a SASP have to have a donee in mind to request surplus property? |
| § 102-37.200 - What certifications must a SASP make when requesting surplus property for donation? |
| § 102-37.205 - What agreements must a SASP make? |
| § 102-37.210 - Must a SASP make a drug-free workplace certification when requesting surplus property for donation? |
| § 102-37.215 - When must a SASP make a certification regarding lobbying? |
| Custody, Care, and Safekeeping |
| § 102-37.245 - What must a SASP do to safeguard surplus property in its custody? |
| § 102-37.250 - What actions must a SASP take when it learns of damage to or loss of surplus property in its custody? |
| § 102-37.255 - Must a SASP insure surplus property against loss or damage? |
| Justifying Special Transfer Requests |
| § 102-37.220 - Are there special types of surplus property that require written justification when submitting a transfer request? |
| § 102-37.225 - What information or documentation must a SASP provide when requesting a surplus aircraft or vessel? |
| § 102-37.230 - What must a letter of intent for obtaining surplus aircraft or vessels include? |
| § 102-37.235 - What type of information must a SASP provide when requesting surplus property for cannibalization? |
| § 102-37.240 - How must a transfer request for surplus firearms be justified? |
| § 102-37.130 - What are a SASP's responsibilities in the donation of surplus property? |
| § 102-37.135 - How does a SASP become eligible to distribute surplus property to donees? |
| Subpart E - Donations to Public Agencies, Service Educational Activities (SEAs), and Eligible Nonprofit Organizations |
| Special Handling or Use Conditions |
| § 102-37.455 - On what categories of surplus property has GSA imposed special handling conditions or use limitations? |
| § 102-37.460 - What special terms and conditions apply to the donation of aircraft and vessels? |
| Donee Eligibility |
| § 102-37.385 - Who determines if a prospective donee applicant is eligible to receive surplus property under this subpart? |
| § 102-37.390 - What basic criteria must an applicant meet before a SASP can qualify it for eligibility? |
| § 102-37.395 - How can a SASP determine whether an applicant meets any required approval, accreditation, or licensing requirements? |
| § 102-37.400 - What type of eligibility information must a SASP maintain on donees? |
| § 102-37.405 - How often must a SASP update donee eligibility records? |
| § 102-37.410 - What must a SASP do if a donee fails to maintain its eligibility status? |
| § 102-37.415 - What should a SASP do if an applicant appeals a negative eligibility determination? |
| Release of Restrictions |
| § 102-37.465 - May a SASP modify or release any of the terms and conditions of donation? |
| § 102-37.470 - At what point may restrictions be released on property that has been authorized for cannibalization? |
| § 102-37.475 - What are the requirements for releasing restrictions on property being considered for exchange? |
| Returns and Reimbursement |
| § 102-37.500 - May a donee receive reimbursement for its donation expenses when unneeded property is returned to the SASP? |
| § 102-37.505 - How does a donee apply for and receive reimbursement for unneeded property returned to a SASP? |
| Compliance and Utilization |
| § 102-37.480 - What must a SASP do to ensure that property is used for the purpose(s) for which it was donated? |
| § 102-37.485 - What actions must a SASP take if a review or other information indicates noncompliance with donation terms and conditions? |
| § 102-37.490 - When must a SASP coordinate with GSA on compliance actions? |
| § 102-37.495 - How must a SASP handle funds derived from compliance actions? |
| Special Provisions Pertaining to Seas |
| § 102-37.510 - Are there special requirements for donating property to SEAs? |
| § 102-37.515 - Do SEAs have a priority over other SASP donees for DOD property? |
| Terms and Conditions of Donation |
| § 102-37.435 - For what purposes may donees acquire and use surplus property? |
| § 102-37.440 - May donees acquire property for exchange? |
| § 102-37.445 - What certifications must a donee make before receiving property? |
| § 102-37.450 - What agreements must a donee make? |
| Conditional Eligibility |
| § 102-37.425 - May a SASP grant conditional eligibility to a not-for-profit organization whose tax-exempt status is pending? |
| § 102-37.430 - What property can a SASP make available to a donee with conditional eligibility? |
| § 102-37.375 - How is the pronoun “you” used in this subpart? |
| § 102-37.380 - What is the statutory authority for donations of surplus Federal property made under this subpart? |
| Subpart F - Donations to Public Airports |
| § 102-37.520 - What is the authority for public airport donations? |
| § 102-37.525 - What should a holding agency do if it wants a public airport to receive priority consideration for excess personal property it has reported to GSA? |
| § 102-37.530 - What are FAA's responsibilities in the donation of surplus property to public airports? |
| § 102-37.535 - What information must FAA provide to GSA on its administration of the public airport donation program? |
| Subpart G - Donations to the American National Red Cross |
| § 102-37.540 - What is the authority for donations to the American National Red Cross? |
| § 102-37.545 - What type of property may the American National Red Cross receive? |
| § 102-37.550 - What steps must the American National Red Cross take to acquire surplus property? |
| § 102-37.555 - What happens to property the American National Red Cross does not request? |
| Subpart H - Donations to Public Bodies in Lieu of Abandonment/Destruction |
| Appendix C - Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations |
| § 102-37.560 - What is a public body? |
| § 102-37.565 - What is the authority for donations to public bodies? |
| § 102-37.570 - What type of property may a holding agency donate under this subpart? |
| § 102-37.575 - Is there a special form for holding agencies to process donations? |
| § 102-37.580 - Who is responsible for costs associated with the donation? |
| Subpart I - Transfer of Vehicle Title to a Donee |
| § 102-37.585 - In transferring donated surplus vehicles, what is the responsibility of the holding agency? |
| § 102-37.590 - In transferring donated surplus vehicles, what is the responsibility of the SASP? |
| § 102-37.595 - When transferring donated surplus vehicles, what is the responsibility of the donee? |
| § 102-37.600 - When does title to a surplus donated vehicle change hands? |
| Appendix A to Part 102-37 - Miscellaneous Donation Statutes |
| Appendix B to Part 102-37 - Elements of a State Plan of Operation |
| Appendix C to Part 102-37 - Glossary of Terms for Determining Eligibility of Public Agencies and Nonprofit Organizations |