[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24568]
[[Page Unknown]]
[Federal Register: October 5, 1994]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-45 and 101-46
[FPMR Amendment H-190]
RIN 3090-AF40
Sale of Government Personal Property
AGENCY: Federal Supply Service, GSA.
ACTION: Final rule.
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SUMMARY: This regulation changes FPMR Subchapter H to authorize Heads
of Federal agencies to determine who will sell the agency's personal
property and to reduce the length of the regulations. These changes
delete the requirement that agencies must report property to GSA for
sale and reduce the regulations, where feasible.
EFFECTIVE DATE: October 5, 1994.
FOR FURTHER INFORMATION CONTACT:
Lester D. Gray, Jr., Director, Property Management Division, 703-305-
7240.
SUPPLEMENTARY INFORMATION: The General Services Administration (GSA)
has determined that this rule is not a significant rule for the
purposes of Executive Order 12866.
Regulatory Flexibility Act
This rule is not required to be published in the Federal Register
for notice and comment. Therefore, the Regulatory Flexibility Act does
not apply.
List of Subjects in 41 CFR Parts 101-45 and 101-46
Government property management, Reporting requirements, Surplus
Government property, Exchange/sale authority.
For the reasons set forth in the preamble, 41 CFR Parts 101-45 and
101-46 are amended as follows:
PART 101-45--SALE, ABANDONMENT, OR DESTRUCTION OF PERSONAL
PROPERTY
1. The authority citation for Part 101-45 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c);
Secs. 101-45.400 through 101-45.405 also issued under sec. 307, 49
Stat. 880; 40 U.S.C. 3041.
Sec. 101-45.00 [Removed]
Sec. 101-45.002 [Redesignated as Sec. 101-45.001]
2. Section 101-45.001 is removed and Sec. 101-45.002 is
redesignated as Sec. 101-45.001.
3. Sections 101-45.001-1 through 101-45.001-7 are removed.
Subpart 101-45.1--General
4. Sections 101-45.103-1 and 101-45.103-2 are revised to read as
follows:
Sec. 101-45.103-1 Conduct of Sales.
Heads of Federal agencies, or their designees, are responsible for
determining whether their agencies will (a) report their personal
property to the General Services Administration (GSA) for sale for a
fee for services rendered or (b) conduct or contract for the sale of
their own property. If agencies elect to sell their own property, a
designation indicating such shall be entered on their reports of excess
personal property to prevent GSA from automatically programming the
property for sale.
Sec. 101-45.103-2 Holding Agency Sales.
All provisions of Parts 101-45 and 101-46 shall be followed in
conducting sales of Government-owned personal property. Agency internal
procedures shall be issued to ensure compliance and uniformity and to
protect the integrity of the sales process.
5. Sections 101-45.103-3 and 101-45.103-4 are added to read as
follows:
Sec. 101-45.103-3 Sales by GSA.
(a) For property reported to GSA for disposal, the following basic
services will be provided at reimbursable rates established by GSA on
an annual basis.
(1) Auction and spot bid sales. The following services are covered
under the basic rate:
(i) Property cataloging;
(ii) Maintenance of mailing list;
(iii) Printing and distribution of announcement to bidders on
mailing list;
(iv) Normal media advertising (one newspaper or equivalent);
(v) Registration of bidders;
(vi) Auctioneer;
(vii) Onsite contracting officer;
(viii) Award document preparation;
(ix) Onsite collection of proceeds;
(x) Follow-on collection of late payments;
(xi) Security service;
(xii) Deposit of proceeds;
(xiii) Distribution of proceeds;
(xiv) Financial and property line item accountability; and
(xv) Contract administration.
(2) Sealed bid sales. The following services are covered under the
basic rate:
(i) Property cataloging;
(ii) Maintenance of mailing list;
(iii) Printing/distribution of invitation for bids to bidders on
mailing list;
(iv) Bid opening;
(v) Contract awards;
(vi) Preparation of award documents;
(vii) Financial and property line item accountability; and
(viii) Contract administration;
(b) GSA will deduct service charges from the proceeds of sale.
(c) For sales proceeds that are reimbursable to the holding agency,
net proceeds (sales proceeds less GSA's direct, and indirect costs)
will be distributed to the agency via the on-line payment and
accounting control (OPAC) system.
(d) A portion of the proceeds from the sale of nonreimbursable
surplus property will also be retained by GSA to cover its direct and
indirect costs. The net proceeds will be deposited to miscellaneous
receipts of the Treasury.
(e) Rates for accessorial services, including transportation,
storage, maintenance, and reconditioning of property prior to sale,
will vary according to local market conditions and will be published in
GSA regional bulletins available from the servicing GSA region.
(f) Agencies may be consulted to assist GSA in the determination of
the best method of sale and their requirements for accessorial
services.
(g) Property for which the sales contract is terminated for default
will be resold at no cost to the holding agency. Property for which the
sales contract is terminated for cause, e.g., misdescription of the
property, will be resold at the holding agency's cost if the cause is
attributable to the holding agency.
Sec. 101-45.103-4 Sales Conducted at Holding Agency Facilities.
If GSA sells property from holding agency facilities, holding
agencies shall be responsible for the following:
(a) Providing the appropriate GSA regional office with information
necessary for effective sale of property and the accounting data for
appropriate application of gross proceeds;
(b) Transporting property to a consolidated sales site when agreed
to by the holding agency and GSA;
(c) Providing for the inspection of property by prospective
bidders;
(d) Providing facilities for the conduct of sales and the essential
administrative, clerical, or labor assistance when requested by GSA;
and
(e) Assisting in the physical lotting of property to be sold at
agency facilities.
5. Section 101-45.105-3 is revised to read as follows:
Sec. 101-45.105-3 Exemptions.
Exemptions from the provisions of this Part 101-45 may be obtained
by an agency head who believes that authority with respect to the
programs covered by section 602(d) of the Act would be impaired or
adversely affected by this part. Exemptions may be requested, in
writing, from the Administrator of General Services.
Subpart 101-45.3--Sale of Personal Property
Sec. 101-45.301 [Removed and Reserved]
6. Section 101-45.301 is removed and reserved.
7. Section 101-45.303 is amended by revising the introductory
paragraph to read as follows:
Sec. 101-45.303 Reporting Property for Sale.
If holding agencies elect to have GSA sell their property, it shall
be reported to the appropriate GSA regional office for the region in
which the property is physically located in the manner outlined below:
* * * * *
Sec. 101-45.304-3 [Removed and Reserved]
8. Section 101-45.304-3 is removed and reserved.
9. Section 101-45.304-6 is revised to read as follows:
Sec. 101-45.304-6 Reviewing Authority.
(a) A ``reviewing authority'' is a local, regional, or departmental
board of review of an executive agency. Under subpart 101-45.9,
reviewing authority also includes an applicable State board of review
of a State agency for surplus property.
(b) Approval by reviewing authority of the agency effecting the
sale shall be required for each proposed award when the contract value
(actual or estimated fair market value) for property other than scrap
exceeds the dollar thresholds listed below by method of sale:
(1) Negotiated sale of surplus property--$15,000 or more;
(2) Negotiated sale at fixed price of surplus or exchange/sale
property--$25,000 or more; and
(3) Competitive bid sale--$100,000 or more.
10. Section 101-45.304-7 is amended by removing subparagraph (a)(4)
and revising paragraph (c) to read as follows:
Sec. 101-45.304-7 Advertising.
* * * * *
(c) The appropriate GSA regional office shall be provided, at the
time of public distribution, a copy of each invitation for bids or
other form of offering involving contractor inventory, whether being
sold by the contractor for the Government or by a Government activity
authorized to conduct sales.
11. Section 101-45.304-8 is amended by revising the introductory
paragraph and paragraph (a) to read as follows:
Sec. 101-45.304-8 Forms Prescribed.
Standard Forms 114, 114A, 114B, 114C, 114C-1, 114C-2, 114C-3, 114C-
4, 114D, 114E, and 114F (illustrated at Secs. 1010-45.4901-114 through
101-45.4901-114F) shall be used, where appropriate, in sales of
personal property except that Standard Form 114C is not applicable to
those sales involving any strategic metals, minerals, and ores which
have been determined surplus pursuant to the Act. These forms will be
stocked by GSA as cut sheets only. Authority for the use of such forms
in styles other than cut sheets may be granted when requests for such
deviation are submitted in accordance with Sec. 101-26.302.
(a) Deviation. To ensure inclusion of appropriate terms,
conditions, clauses, etc., in Government sales contracts, no deviation
shall be made from the Standard Form 114 series, and no special
conditions of sales shall be included that are inconsistent with the
provisions contained therein, unless approval is obtained from the
Commissioner, Federal Supply Service (F) (mailing address: General
Services Administration, Washington, DC 20406).
* * * * *
Subpart 101-45.47--Reports
12. Section 101-45.4701 is revised to read as follows:
Sec. 101-45.4701 Performance Reports.
An annual report of the sale or other disposition of surplus
personal property shall be submitted in duplicate to GSA within 90
calendar days after the close of each fiscal year, using Standard Form
121, Annual Report of Utilization and Disposal of Excess and Surplus
Personal Property. Agencies shall attach a list to the Standard Form
121 showing by Federal Supply Group the following:
(a) Line items sold;
(b) Acquisition cost;
(c) Proceeds; and
(d) Cost of conducting sales.
PART 101-46--UTILIZATION AND DISPOSAL OF PERSONAL PROPERTY PURSUANT
TO EXCHANGE/SALE AUTHORITY
13. The authority citation for Part 101-46 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).
Sec. 101-46.001 [Removed]
Sec. 101-46.002 [Redesignated as Sec. 101-46.001]
Sec. 101-46.003 [Removed]
Sec. 101-46.004 [Removed]
Sec. 101-46.005 [Removed]
14. Sections 101-46.001 through 101-46.001-5 are removed and
Sec. 101-46.002 is redesignated as Sec. 101-46.001.
Subpart 101-46.2--Authorization
15. Section 101-46.202 is amended by revising paragraph (b)(1)(iii)
to read as follows:
Sec. 101-46.202 Restrictions and Limitations.
* * * * *
(b) * * *
(1) * * *
(iii) The acquired item and the replaced item both fall within a
single Federal Supply Group except for those items listed in paragraph
(a) of this section which are not eligible for handling under the
provisions of this part.
Subpart 101-46.3--Exchange/Sale Procedures
16. Section 101-46.300 is revised to read as follows:
Sec. 101-46.300 Scope of Subpart.
This part prescribes the policies and methods governing the actual
exchange or sale of property which qualifies in accordance with this
part. This property will be handled in the same manner as surplus
property under Part 101-45, but identified as replacement property
subject to the same exemptions and exceptions on reporting as otherwise
would be applicable to surplus personal property.
17. Section 101-46.305 is revised to read as follows:
Sec. 101-46.305 Reports.
(a) Within 90 calendar days after the close of each fiscal year,
executive agencies shall submit a summary report in letter form on the
transactions made under this part during the fiscal year except for
transactions involving books and periodicals as follows:
(1) A list by Federal Supply Group of property sold under this part
showing in columns:
(i) Line items sold;
(ii) Acquisition cost;
(iii) Proceeds; and
(iv) Cost of sales.
(2) A list by Federal Supply Group of property exchanged under this
part showing in columns:
(i) Line items exchanged;
(ii) Acquisition cost; and
(iii) Exchange allowance.
(3) Total acquisition cost of property acquired from any source
other than new procurement which was subsequently exchanged or sold
after being placed in official use for less than 1 year pursuant to
Sec. 101-46.202(c)(10) and for historical items exchanged pursuant to
Sec. 101-46.203(b) shall be listed separately by two-digit Federal
supply classification groups.
(4) These data shall also be separated into two categories by
geographic location as follows:
(i) The States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, the Trust Territory of the Pacific
Islands, and the Virgin Islands; and
(ii) All other areas of the world.
(b) The summaries shall not include any property that was initially
designated for exchange/sale but which was transferred for further
Federal utilization or was subsequently redesignated as excess or
surplus property.
(c) Reports shall be addressed to the General Services
Administration, Office of Transportation and Property Management (FB),
Washington, DC 20406.
(d) The report required by this regulation has been assigned
interagency report control number 1528-GSA-AN in accordance with FIRMR
201-45.6 (41 CFR 201-45.6).
(e) If an agency makes no transactions under this part during a
fiscal year, the agency must submit a report stating that no
transactions occurred.
Dated: September 26, 1994.
Roger W. Johnson,
Administrator of General Services.
[FR Doc. 94-24568 Filed 10-4-94; 8:45 am]
BILLING CODE 6820-24-M
