Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 41 - Public Contracts and Property Management |
Subtitle C - Federal Property Management Regulations System |
Chapter 101 - Federal Property Management Regulations |
SubChapter H - Utilization and Disposal |
Part 101-43 - Utilization of Personal Property |
Subpart 101-43.3 - Utilization of Excess |
§ 101-43.305 - Property not required to be formally reported.
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(a) Excess property which is not required to be formally reported to GSA under § 101-43.304 is a valuable source of supply for Federal agencies. Regional offices and area utilization officers of GSA are responsible for local screening of such property, for making it available to Federal agencies, and for its expeditious transfer. Holding agencies shall cooperate with GSA representatives in making information available and in providing access to the nonreportable excess personal property. Federal agency employees shall be permitted access to holding installations for screening purposes upon presentation of a valid Federal agency employee's identification card. Holding agencies shall make reasonable efforts to obtain utilization among other Federal agencies of property not covered by GSA utilization screening processes. In the case of controlled substances, solicitation shall be limited to those agencies authorized for transfer under § 101-42.1102-3 provisions.
(b) Unless otherwise directed by GSA, the following excess personal property shall not be reported:
(1) Perishables, defined for purposes of this section as any foodstuffs which are subject to spoilage or decay;
(2) Property dangerous to public health and safety (see paragraph (d) of this section);
(3) Scrap and/or salvage, provided the property strictly conforms to the definitions for scrap and/or salvage (§§ 101-43.001-28 and 101-43.001-29);
(4) Property determined by competent authority to be classified or otherwise sensitive for reasons of national security;
(5) Other items excepted from the requirement to be reported as listed in § 101-43.4801;
(6) Otherwise reportable property which, prior to reporting as required in § 101-43.304, is transferred directly between Federal agencies as provided in § 101-43.309-5(a) or by prearrangement with GSA to fill a known need;
(7) Trading stamps and bonus goods (see § 101-25.103-4); and
(8) Nonappropriated fund property (see § 101-43.307-7).
(c) Nuclear Regulatory Commission-controlled materials are exempt from reporting to GSA as excess personal property. Transfers of such materials shall be made under provisions under § 101-42.1102-4 and applicable NRC regulations. (See 10 CFR parts 30, 40, and 70.)
(d) In the case of hazardous materials, all the restrictions, limitations, and guidelines prescribed in part 101-42 shall apply.