§ 101-43.309-3 - Reimbursement.

(a) General. Transfers of excess personal property shall be without reimbursement (the costs specified in § 101-43.310-1 are chargeable to the transferee agency), except when:

(1) The property transferred was acquired with funds either not appropriated from the general fund of the U.S. Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue or receipts, and payment is requested (it is the current policy of the executive branch of the Government that transfers of working capital fund property shall be without reimbursement);

(2) The transferor or the transferee agency (or the organizational unit affected is a wholly owned or mixed-ownership Government corporation as defined in the Government Corporation Control Act (31 U.S.C. 9101), is the municipal government of the District of Columbia, or is a non-Federal agency for which GSA procures;

(3) The transferor or the transferee agency is the U.S. Postal Service (USPS);

(4) The property is designated as exchange/sale property and is transferred pursuant to part 101-46;

(5) The transferee agency is acquiring the property for use by a project grantee which is a public agency or is nonprofit and exempt from taxation under 26 U.S.C. 501; or

(6) Reimbursement is directed by GSA.

(b) Fair market value reimbursement. Reimbursement of the fair market value may be requested by the transferor agency when:

(1) The property being transferred was acquired with funds not appropriated from the general fund of the U.S. Treasury;

(2) The property is designated exchange/sale rather than excess;

(3) The transferor or transferee agency is the USPS (in this case, reimbursement is required by Executive Order 11672);

(4) The property being transferred is owned by a nonappropriated fund activity of a Federal agency; or

(5) Authorized or required by other specific authority.

(c) Fair value reimbursement. (1) When a transfer is determined to be reimbursable and paragraph (b) of this section, is not applicable, fair value reimbursement, as determined in paragraphs (b) (2) through (4) of this section, is required to be paid by the transferee.

(2) To preclude the need of establishing the fair value to be reimbursed for each transfer subject to such reimbursement, fair value is defined to be 20 percent of the original acquisition cost of new or unused property in condition code 1 (condition codes are shown in § 101-43.4801(e)) and zero percent for all other personal property

(3) Where application of the above formula will not achieve the intended purpose because of special circumstances or the peculiar nature of the property, the holding agency may use other criteria for arriving at fair value if approved or directed by the appropriate GSA regional office.

(4) Where circumstances warrant and the agencies concerned agree thereto, fair value prices higher than those arrived at by use of the formula may be used.

(d) Transfer orders for property requiring reimbursement must be annotated with the amount of reimbursement required. Disagreements between agencies regarding reimbursement requirements shall be referred for final determination to the GSA Regional Administrator for the region in which the property is located.