Subpart A - General Provisions

Responsibilities

§ 102-38.40 - Who may sell personal property?

§ 102-38.45 - What are an executive agency's responsibilities in selling personal property?

§ 102-38.50 - What must we do when an executive agency suspects violations of 40 U.S.C. 559, fraud, bribery, or criminal collusion in connection with the disposal of personal property?

§ 102-38.55 - What must we do when selling personal property?

§ 102-38.60 - Who is responsible for the costs of care and handling of the personal property before it is sold?

§ 102-38.65 - What if we are or the holding agency is notified of a Federal requirement for surplus personal property before the sale is complete?

§ 102-38.70 - May the holding agency abandon or destroy personal property either prior to or after trying to sell it?

Definitions

§ 102-38.35 - What definitions apply to this part?

§ 102-38.5 - What does this part cover?

§ 102-38.10 - What is the governing authority for this part?

§ 102-38.15 - Who must comply with these sales provisions?

§ 102-38.20 - Must an executive agency follow the regulations of this part when selling all personal property?

§ 102-38.25 - To whom do “we”, “you”, and their variants refer?

§ 102-38.30 - How does an executive agency request a deviation from the provisions of this part?

Subpart B - Sales Process

Advertising

§ 102-38.130 - Must we publicly advertise sales of Federal personal property?

§ 102-38.135 - What constitutes a public advertisement?

§ 102-38.140 - What must we include in the public notice on sale of personal property?

Pre-Sale Activities

§ 102-38.145 - Must we allow for inspection of the personal property to be sold?

§ 102-38.150 - How long is the inspection period?

Offer to Sell

§ 102-38.155 - What is an offer to sell?

§ 102-38.160 - What must be included in the offer to sell?

§ 102-38.165 - Are the terms and conditions in the offer to sell binding?

Competitive Sales

§ 102-38.85 - What is a sealed bid sale?

§ 102-38.90 - What is a spot bid sale?

§ 102-38.95 - What is an auction?

Negotiated Sales

§ 102-38.100 - What is a negotiated sale?

§ 102-38.105 - Under what conditions may we negotiate sales of personal property?

§ 102-38.110 - Who approves our determinations to conduct negotiated sales?

§ 102-38.115 - What are the specific reporting requirements for negotiated sales?

§ 102-38.120 - When may we conduct negotiated sales of personal property at fixed prices (fixed price sale)?

§ 102-38.125 - May we sell personal property at fixed prices to State agencies?

Methods of Sale

§ 102-38.75 - How may we sell personal property?

§ 102-38.80 - Which method of sale should we use?

Subpart C - Bids

Bid Deposits

§ 102-38.230 - Is a bid deposit required to buy personal property?

§ 102-38.235 - What types of payment may we accept as bid deposits?

§ 102-38.240 - What happens to the deposit bond if the bidder defaults or wants to withdraw their bid?

Late Bids

§ 102-38.245 - Do we consider late bids for award?

§ 102-38.250 - How do we handle late bids that are not considered?

Buyer Eligibility

§ 102-38.170 - May we sell Federal personal property to anyone?

§ 102-38.175 - How do we find out if a person or entity has been suspended or debarred from doing business with the Government?

§ 102-38.180 - May we sell Federal personal property to a Federal employee?

§ 102-38.185 - May we sell Federal personal property to State or local governments?

Acceptance of Bids

§ 102-38.190 - What is considered a responsive bid?

§ 102-38.195 - Must bidders use authorized bid forms?

§ 102-38.200 - Who may accept bids?

§ 102-38.205 - Must we accept all bids?

§ 102-38.210 - What happens when bids have been rejected?

§ 102-38.215 - When may we disclose the bid results to the public?

§ 102-38.220 - What must we do when the highest bids received have the same bid amount?

§ 102-38.225 - What are the additional requirements in the bid process?

Mistakes in Bids

§ 102-38.260 - Who makes the administrative determinations regarding mistakes in bids?

§ 102-38.265 - Must we keep records on administrative determinations?

§ 102-38.270 - May a bidder protest the determinations made on sales of personal property?

Modification or Withdrawal of Bids

§ 102-38.255 - May we allow a bidder to modify or withdraw a bid?

Subpart D - Completion of Sale

Disposition of Proceeds

§ 102-38.295 - May we retain sales proceeds?

§ 102-38.300 - What happens to sales proceeds that neither we nor the holding agency are authorized to retain, or that are unused?

Awards

§ 102-38.275 - To whom do we award the sales contract?

§ 102-38.280 - What happens when there is no award?

Payments

§ 102-38.290 - What types of payment may we accept?

Disputes

§ 102-38.305 - How do we handle disputes involved in the sale of Federal personal property?

§ 102-38.310 - Are we required to use the Disputes clause in the sale of personal property?

§ 102-38.315 - Are we required to use Alternative Disputes Resolution for sales contracts?

Transfer of Title

§ 102-38.285 - How do we transfer title from the Government to the buyer for personal property sold?

Subpart E - Other Governing Statutes

Antitrust Requirements

§ 102-38.325 - What are the requirements pertaining to antitrust laws?

§ 102-38.320 - Are there other statutory requirements governing the sale of Federal personal property?

Subpart F - Reporting Requirements

§ 102-38.330 - Are there any reports that we must submit to the General Services Administration?

§ 102-38.335 - Is there any additional personal property sales information that we must submit to the General Services Administration?

Subpart G - Provisions for State and Local Governments

§ 102-38.340 - How may we sell personal property to State and local governments?

§ 102-38.345 - Do we have to withdraw personal property advertised for public sale if a State Agency for Surplus Property wants to buy it?

§ 102-38.350 - Are there special provisions for State and local governments regarding negotiated sales?

§ 102-38.355 - Do the regulations of this part apply to State Agencies for Surplus Property (SASPs) when conducting sales?

Subpart H - Implementation of the Federal Asset Sales Program

§ 102-38.360 - What must an executive agency do to implement the eFAS program?

§ 102-38.365 - Is a holding agency required to report property in “scrap” condition to its selected SC?

§ 102-38.370 - What does a holding agency do with property which cannot be sold by its SC?